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08-13-2019 (City Council) Agenda Packet Work Session Wylie City CouncilY 0 NOTICE OF MEETING Work Session Agenda August 13, 2019 6:30 p.m. (or immediately following City Council Meeting) Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Wylie, Texas 75098 Eric Hogue Mayor David R. Duke Place 1 Matthew Porter Place 2 Jeff Forrester Mayor Pro Tern Candy Arrington Place 4 Timothy T. Wallis, DVM Place 5 David Dahl Place 6 Chris Hoisted City Manager Richard Abernathy City Attorney Stephanie Storm City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum. WORK SESSION • Discuss allowed uses within zoning districts. • Discuss City of Wylie Ordinances and Regulations as a result of the 86th Legislature Regular Session. • Budget FY 2019-2020 August 13,2019 Wylie City Council Work Session Agenda Page 2 of 2 EXECUTIVE SESSION If during the course of the meeting covered by this notice, the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attomey for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: Texas Government Code Section: §551.071—Private consultation with an attorney for the City. §551.072—Discussing purchase,exchange,lease or value of real property. §551.074—Discussing personnel or to hear complaints against personnel. §551.087—Discussing certain economic development matters. §551.073 -Discussing prospective gift or donation to the City. §551.076—Discussing deployment of security personnel or devices or security audit. Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Sec. 551.071. CONSULTATION WITH ATTORNEY; CLOSED MEETING. A governmental body may not conduct a private consultation with its attorney except: (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation; or (B) a settlement offer; or (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. • Receive legal update on development-related legislation adopted during the 86th Texas Legislative Session • Receive legal update on Code of Ethics Ordinance RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 9`h day of August, 2019 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Stephanie Storm,City Secretary Date Notice Removed Wylie CityCouncil Y AGENDA REPORT Meeting Date: August 13, 2019 Item Number: WS 1 Department: City Manager (City Secretary's Use Only) Prepared By: Renae' 011ie/Jasen Haskins Account Code: Date Prepared: August 6, 2019 Exhibits: 2 Subject Discuss allowed uses within zoning districts. Recommendation Direction Discussion As Wylie has grown and begins to experience more redevelopment there is a need to begin examining the Zoning Ordinance and Comprehensive Land Use Plan to meet the changing dynamics of the city. Recently, there have been zoning requests with mixed uses as part of the Neighborhood Services District. As one of the uses that can quickly affect the character of a neighborhood or city,mixed use which includes multi-family,particularly within the neighborhood services zoning districts, has been a topic of discussion. Staff is requesting direction from Council as to what, if any, changes to the uses the district should include. Mixed-use development came into play with the introduction of the village center concept in 2000. Village Center Nonresidential Districts provide,for appropriate land uses and density of uses within locations designated as village centers in the Comprehensive Master Plan. Village centers provide a focus for institutional, commercial, entertainment and service-related uses for the neighborhood residents. Residential uses within and immediately adjacent to the village centers provide a customer base for businesses located within it. The concept was removed from the zoning ordinance in 2006 with the adoption of Ordinance No. 2005-58 when the direction of the city shifted to larger single-family lots. The Neighborhood Services District was established by ordinance in 2001 with the adoption of Zoning Ordinance 2001- 48. The Neighborhood Service District allows for convenience retail shopping,personal services, and professional offices principally serving the needs of the neighborhoods within and around the village center. Commercial development within the village center in the NS district should be compatible in scale, character and intensity with the surrounding residential neighborhoods. Current high density uses as defined by the zoning ordinance: Page 1 of 2 Page 2 of 2 - There are 1,629 multi-family units, and 605 townhome/duplex units within the city of Wylie. - There is approximately 15 acres of undeveloped land zoned multi-family. - There is approximately 59 acres of undeveloped land zoned Neighborhood Services that allows multifamily when combined with commercial uses. - There is not a definitive breakdown of the percentage of the mix of uses allowed. In accordance with the 2012 Comprehensive Master Plan of the City of Wylie,the General Urban sector allows for mixed uses. 0o General Urban Sector: Provides for a wide range of opportunities to"live,work and play". The Urban area primarily supports the retail,service,office, light production and research and development uses. Some high- density residential development may occur within the Urban Zone, provided that it is in a mixed-use type setting. The General Urban sector allows for all housing types including multi-family and townhouse districts. However,the high density is only allowed when developed with commercial uses.The Comprehensive Plan nor the Zoning Ordinance define what that percentage breakdown is. The last update to the Comprehensive Land Use Plan was done in 2012. Since then, a majority of the available land remaining has been developed as Planned Developments with residential zoning, Commercial along FM544 and SH78, with some mix use of varying densities. 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' aj`} ' y,^ xm. 'iI�'w,°a' ._�a""� V", 3 „P a, an M1p. ` � - % ' h dN 'y.' V a ' ` .0 a "...4-, ., `" i , ; e e 'w t4 '^a' '4*,V '''t ", m a ' ' ^. ^ I'• �„1 * " re o ' , ire , NEIGHBORHOOD SERVICES(NS) A. Agricultural &Animal Related 1. Animal Boarding/Kennel without Outside Pens S 2. Commercial Greenhouse or Nursery P* NS Max 5,000 sf, screened outside storage B. Residential &Lodging 1. Assisted Living Apartment S 2. Bed &Breakfast Inn S 3. Boarding or Rooming House P* NS existing structures only 4. Multifamily Dwelling P* NS mixed-use develped concurrently 5. Single Family Dwelling,Attached P* NS mixed-use develped concurrently C. Institutional &Community Service 1. Church/House of Worship P* ALL 2. Civic Center P 3. College or University S 4. Cultural Arts Facility P* NS Max 10,000 sf 5. Day Care Facility P* 6. Group Home P* 7. Library P 8. School (Public or Private) Elementary P* 9. School (Public or Private)Secondary P* D. Office 1. Financial Institution (with drive thru) S 2. Financial Institution (without drive thru) P 3. Financial Institution,Alternative S 4. General Office P 5. Medical Clinic P* NS If over 5,000 sf, SUP is required E. Recreational, Entertainment&Amusement 1. Commercial Amusement or Recreation (Inside) S 2. Commercial Amusement or Recreation (High Density Inside) S 3. Community Park, Rec Center, or Golf Course(Public) P 4. Country Club or Golf Course(Private) S 5. Golf Driving Range S 6. Health Club P* NS If over 5,000 sf, SUP is required 7. Neighborhood Park or Playground P F. Retail, Personal Service&Commercial 1. Animal Clinic or Hospital S 2. Automobile Rental S 3. Automobile Repair, Minor S NS Activities must be in an enclosed structure 4. Car Wash S 5. Club or Lodge(Nonprofit) P 6. Dry Cleaning or Laundry, Drop-Off or Self Service P 7. Equipment Rental S 8. Food Processing _ S 9. General Merchandise or Food Store P 10. Grocery Store _ S 11. Household Equipment&Appliance Repair P 12. Motor Vehicle Fueling Station S NS Enclosed areas, pump island distance requirements, no junk vehichle in open areas, noise regulations 13. Personal Service Use P 14. Restaurant without Drive-In or Drive Thru Service _P* 15. Beer&Wine Package Sales P* NS If more than 75% of revenue os from beer& wine, then SUP required. NEIGHBORHOOD SERVICES(NS) 16. Antiques Shop (Inside Sales) S 17. Secondhand Goods S 18. Used Merchandise Resale/Consignment or Thrift Shop S 19. Permanent Cosmetic Establishment P* G. Utility, Transportation & Public Service 1. Local Utilities P* 2. Mounted Antenna P* 3. Police or Fire Station P 4. Post Office P 5. Telecommunications Tower S 6. Telephone Exchange without Shops or Offices S 7. Transit Passenger Shelter P 8. Utility or Government Installation other than listed S H. Industrial &Manufacturing Uses I. Wholesale, Distribution &Storage Uses J. Accessory Uses 1. Accessory Community Center(Private) P* 2. Accessory Game Court(Private) P* 3. Accessory Outside Display of Merchandise P* 4. Amateur Communication Tower P* 5. Caretakers Quarters/Domestic or Security Unit P* 6. Swimming Pool (Private) P* K. Temporary Uses 1. Christmas Tree Sales T 2. Temporary Concrete or Asphalt Batch Plant T 3. Temporary Construction Yard, or Construction or Sales Office T 4. Temporary Crop Production T 5. Temporary Grazing T Wylie CityCouncil Y AGENDA REPORT Meeting Date: August 13, 2019 Item Number: WS 2 Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: August 7, 2019 Exhibits: 9 Subject Discuss City of Wylie Ordinances and Regulations as a result of the 86th Legislature Regular Session. Recommendation Direction. Discussion With the close of the 86'Legislature Regular Session came many changes that will have a direct impact on municipalities. The purpose of this work session is to update the Council on the most immediate impacts that become effective on September 1, 2019. House Bill 2439 prohibits a Governmental entity from adopting or enforcing an ordinance that limits the use or installation of a building product or material if the building product or material is approved for use by a national model code published within the last three code cycles. This bill applies to both residential and commercial properties. However, there are some areas that are protected from the regulations of HB 2439. Any PDs or Overlay Districts established before April 1,2019 are protected if there is language that establishes the area as"Architecturally Significant." The Downtown Historic District and the South Ballard Overlay District would fall under this exemption. By Resolution we would have to list all approved PDs that are Architecturally Significant. Discussion points for HB 2439: oo Staff recommendations for Zoning Ordinance. City staff and the City Attorney are recommending minor changes to Articles 2, 3, 4, and 5 the Zoning Ordinance leaving a majority of the building materials language intact. However, the exhibit shows the ZO with building materials related requirements deleted to highlight the discussion items. 00 Potential increase of other allowed architectural base standards and Planned Development base standards. 00 Official architecturally significant areas of designation. Page 1 of I Page 2 of 2 House Bill 3167 makes changes to the site plan and subdivision platting approval process. The statue defines a "plan" to mean a subdivision development plan, including a subdivision plan, subdivision construction plan, site plan, land development application, and site development plan. 212.001(2). It defines `plat"to include a preliminary plat, general plan, final plat, and replat. 212.001(3). The city council must(1)approve, (2)approve with conditions, or(3)disapprove with explanation the plan or plat within 30 days after the date the plan or plat was acted on by the planning commission or is approved by the inaction of the commission. 212.009(a) A plan or plat is approved by the council unless it is approved with conditions or disapproved within that 30-day period. If disapproved or approved with conditions the municipality must provide a written statement citing the ordinance(s) and/or statues that the plan or plat does not conform to. 212.0091 If the applicant re-submits addressing the cited reasons, council must approve within 15 days of receiving the revisions. The City may not ask an applicant to waive the 30-day action deadline for plats. However, an applicant may elect to waive the deadline on their own. Lastly, residential replats no longer require a public hearing unless a variance or exception is required. Discussion points for HB 3167: 0o Staff recommendations for Zoning Ordinance. Recommended changes to Article 8 of the Zoning Ordinance address the legislative requirements and make updates to submittal requirements. 0o Staff recommendations for Subdivision Regulations. Recommended changes to the Sub Regs address the legislative requirements and make updates to submittal requirements. House Bill 2840 requires that any citizen can speak on any item on the open meeting agenda, before or during consideration of the item. 0o Rules for this requirement. The Commission will be informed of staff and Council discussions regarding the implementation of the new rule. 0o Updated Rules of Procedure.The RoP were last updated in 2008 and staff is requesting the Commission consider an update to the RoP. P&Z Commission Discussion The Commissioners agreed with the City Attorney and Staff in leaving the Building Materials requirements in the Zoning Ordinance and directed staff to add other allowed architectural requirements where appropriate. The Commissioners agreed with Staff that limiting submittals to specific dates and having a detailed submittal application would be necessary due to the 30-day requirement. The Commissioners will await Councils decision on rules of order for HB 2840 before adopting the same. 7/26/2019 86(R)HB 2439-Enrolled version-Bill Text H.B. No. 2439 AN ACT relating to certain regulations adopted by governmental entities for the building products, materials, or methods used in the construction or renovation of residential or commercial buildings. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1 . Title 10, Government Code, is amended by adding Subtitle Z to read as follows: SUBTITLE Z. MISCELLANEOUS PROVISIONS PROHIBITING CERTAIN GOVERNMENTAL ACTIONS CHAPTER 3000. GOVERNMENTAL ACTION AFFECTING RESIDENTIAL AND COMMERCIAL CONSTRUCTION Sec. 3000.001 . DEFINITIONS. In this chapter: (1) "National model code" has the meaning assigned by Section 214 .217, Local Government Code. 12) "Governmental entity" has the meaning assigned by Section 2007 .002. Sec. 3000.002. CERTAIN REGULATIONS REGARDING BUILDING PRODUCTS, MATERIALS, OR METHODS PROHIBITED. (a) Notwithstanding, any other law and except as provided by Subsection (dL, a governmental entity may not adopt or enforce a rule, charter provision, ordinance, order, building code, or other regulation that: (1) prohibits or limits, directly or indirectly, the use or installation of a building_product or material in the construction, renovation, maintenance, or other alteration of a residential or commercial building if the building_product or material is approved for use by a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building.; or (2) establishes a standard for a building_product, material, or aesthetic method in construction, renovation, maintenance, or other alteration of a residential or commercial building if the standard is more stringent than a standard for the product, material, or aesthetic method under a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building. (b) A governmental entity that adopts a building code governing the construction, renovation, maintenance, or other alteration of a residential or commercial building may amend a provision of the building code to conform to local concerns if the amendment does not conflict with Subsection (a) . (c) This section does not apply to: (1) a program established by a state agency that requires particular standards, incentives, or financing, arrangements in order to comply with requirements of a state or federal funding source or housing_program; (2) a requirement for a building necessary to consider the building eligible for windstorm and hail insurance coverage under Chapter 2210, Insurance Code; 13) an ordinance or other regulation that regulates outdoor lighting that is adopted for the purpose of reducing light pollution and that: (A) is adopted by a governmental entity that is certified as a Dark Sky Community by the International Dark-Sky Association as part of the International Dark Sky Places Program; or _(B) applies to outdoor lighting within five miles https://capitol.texas.gov/Search/DocVieweraspx?ID=86RHB024395B&QueryText="HB+2439"&DocType=B 1/3 7/26/2019 86(R)HB 2439-Enrolled version-Bill Text of the boundary of a military base in which an active training program is conducted; j4) an ordinance or order that: (A) regulates outdoor lighting.; and (B) is adopted under Subchapter B, Chapter 229, Local Government Code, or Subchapter B, Chapter 240, Local Government Code; j5) a building located in a place or area designated for its historical, cultural, or architectural importance and significance that a municipality may regulate under Section 211.003 (b) , Local Government Code, if the municipality: (A) is a certified local government under the National Historic Preservation Act (54 U.S.C. Section 300101 et seq,L; or (B) has an applicable landmark ordinance that meets the requirements under the certified local government program as determined by the Texas Historical Commission; j6) a building located in a place or area designated for its historical, cultural, or architectural importance and significance by a governmental entity, if designated before April 1, 2019; j7) a building located in an area designated as a historic district on the National Register of Historic Places; j8) a building designated as a Recorded Texas Historic Landmark; j9) a building designated as a State Archeological Landmark or State Antiquities Landmark; (10) a building listed on the National Register of Historic Places or designated as a landmark by a governmental entity; j11) a building located in a World Heritage Buffer Zone; and j12) a building located in an area designated for development, restoration, or preservation in a main street city under the main street program established under Section 442 .014 . (d) A municipality that is not a municipality described by Subsection (c)_j5LjA) or (B) may adopt or enforce a regulation described by Subsection (a) that applies to a building located in a place or area designated on or after April 1, 2019, by the municipality for its historical, cultural, or architectural importance and significance, if the municipality has the voluntary consent from the building owner. (e) A rule, charter provision, ordinance, order, building code, or other regulation adopted by a governmental entity that conflicts with this section is void. Sec. 3000.003. INJUNCTION. (a) The attorney general or an aggrieved party may file an action in district court to enjoin a violation or threatened violation of Section 3000.002 . (b) The court may grant appropriate relief. (c) The attorney general may recover reasonable attorney' s fees and costs incurred in bringing an action under this section. (d) Sovereign and governmental immunity to suit is waived and abolished only to the extent necessary to enforce this chapter. Sec. 3000.004. OTHER PROVISIONS NOT AFFECTED. This chapter does not affect provisions regarding the installation of a fire sprinkler protection system under Section 1301.551 (i)_, Occupations Code, or Section 775.045 (aLj1L, Health and Safety Code. Sec. 3000.005. SEVERABILITY. If any provision of a rule, charter provision, ordinance, order, building code, or other regulation described by Section 3000.002 (a) is held invalid under this chapter, the invalidity does not affect other provisions or applications of the rule, charter provision, ordinance, order, building code, or other regulation that can be given effect without the invalid provision or application, and to this end the https://capitol.texas.gov/Search/DocVieweraspx?ID=86RHB024395B&QueryText="HB+2439"&DocType=B 2/3 7/26/2019 86(R)HB 2439-Enrolled version-Bill Text provisions of the rule, charter provision, ordinance, order, building code, or other regulation are severable. SECTION 2. This Act takes effect September 1, 2019. President of the Senate Speaker of the House I certify that H.B. No. 2439 was passed by the House on April 30, 2019, by the following vote: Yeas 124, Nays 21, 2 present, not voting; and that the House concurred in Senate amendments to H.B. No. 2439 on May 23, 2019, by the following vote: Yeas 133, Nays 9, 1 present, not voting. Chief Clerk of the House I certify that H.B. No. 2439 was passed by the Senate, with amendments, on May 19, 2019, by the following vote: Yeas 26, Nays 5. Secretary of the Senate APPROVED: Date Governor https://capitol.texas.gov/Search/DocVieweraspx?ID=86RHB024395B&QueryText="HB+2439"&DocType=B 3/3 CIC"°a?k WYI.Ia ZONING ORDINANCE ARTICLE 2 DISTRICTS AND ZONING DISTRICT MAP SECTION 2.1 ZONING DISTRICTS ESTABLISHED In order to regulate the use of land and buildings, and to regulate the location, height, bulk and size of buildings and other structures built on the land, the following districts are created: ABBREVIATED ZONING DISTRICT NAME DESIGNATION Low-Density Residential Districts AG/30 Agricultural District SF-ED Single Family—Estate District Medium-Densit Residential Districts SF-20/26 Single Family-20 District SF-10/24 Single Family- 10 District High-Density Residential Districts TH Townhouse District MF Multifamily District MH Manufactured Home District Commercial Districts NS Neighborhood Service CR Community Retail CC Corridor Commercial District BG Business Government Industrial District L I Light Industrial District H I Heavy Industrial District Special Purpose and Overlay Districts PD Planned Development District FP Floodplain District DTH Downtown Historic District SBO South Ballard Overlay District ARTICLE 2: DISTRICTS&ZONING DISTRICT MAP CI YeOf WYI.I1 ZONING ORDINANCE SECTION 2.2 ZONING DISTRICT MAP A. Adoption of the Official Zoning District Map The boundaries of each zoning district are delineated and shown on the official Zoning District Map of the City of Wylie. The official Zoning District Map, together with all notations, references, dimensions, designations and other info'illation shown on the map, is adopted and made part of this ordinance, as amended, by reference. The official Zoning District Map shall be stored, maintained, and kept current by the Department. B. Amendments No change to the official Zoning District Map shall be authorized without the approval of a rezoning application. The application shall be processed in accordance with the requirements of Article 8 Development Review Procedures of this ordinance, as amended. No change to the official Zoning District Map shall be authorized or become effective without final action of the Council or a court of competent jurisdiction. No application for zoning shall be accepted for filing unless annexation of the property for which the zoning is sought has been completed. C. Consistency with Comprehensive Master Plan No amendment or rezoning shall be approved unless it is consistent with the goals, objectives and policies of the Comprehensive Master Plan. SECTION 2.3 RULES FOR INTERPRETING ZONING DISTRICT BOUNDARIES A. Boundary Rules The following rules shall apply in determining uncertain boundaries of a district as shown on the official Zoning District Map: 1. Where a boundary follows a public street or alley, the centerline of the street shall be the boundary. 2. Where a boundary follows a platted lot line, the lot line shall be the boundary. 3. Where a boundary follows a city limit line, the city limit line shall be the boundary. 4. Where a boundary follows a railroad or utility line, the boundary is the established center line of the railroad or utility right-of-way. If no centerline is established, the boundary is midway between the right-of-way lines. 5. Where a boundary follows the centerline of streams, rivers, canals, lakes or other bodies of water, the boundary is the centerline. The centerline is interpreted as being midway between the shorelines of the body of water. If the centerline changes, the boundaries are construed as moving with the centerline. 6. In cases where district boundary lines are indicated as approximately paralleling a street, alley, right-of-way, easement line or other feature existing at the time of the enactment of this ordinance, as amended,they shall be construed as parallel to or extensions of the street, alley, right-of-way, easement line, or other feature, unless otherwise specifically dimensioned on the official Zoning District Map. 7. In instances where district boundary lines divide a parcel of unsubdivided property, the precise location of the district boundary shall be determined by the use of the scale ARTICLE 2: DISTRICTS&ZONING DISTRICT MAP CI YeOf WYI.I1 ZONING ORDINANCE appearing on the official Zoning District Map, unless the boundary is indicated by a specific dimension on the official Zoning District Map. 8. Where any public right-of-way is officially vacated or abandoned, the land use district regulations applied to abutting property shall extend to the former centerline of the vacated or abandoned right-of-way. B. Determination and Appeal The Director shall determine the location of the district boundary when uncertainty of boundaries exist that cannot be resolved by referencing A. Boundary Rules,above.Any person who is aggrieved by that determination may appeal to the Council. Appeals shall be made in writing to the Director within 10 days of the decision. SECTION 2.4 TEMPORARY ZONING,ANNEXED TERRITORY A. Annexed Territory All territory annexed into the city shall be temporarily classified as A/30 (Agricultural District), until permanent zoning is established by the Council. The procedure for establishing peliiianent zoning on annexed territory shall conform to the procedure established by law for the adoption of original zoning regulations. B. Temporary Agricultural Rules In an area temporarily classified as A/30 (Agricultural District): 1. No person shall erect, construct or proceed or continue with the erection or construction of any building or structure in any newly annexed territory without first applying for and obtaining a building permit or certificate of occupancy from the Building Official or the Council as may be required. 2. No peliilit 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/30 (Agricultural District), unless and until such territory has been classified in a zoning district other than the A/30 (Agricultural District) by the Council in the manner prescribed by law except as provided in 3 below. 3. An application for a permit for any other use than that specified in 2, above, shall be made to the Building Official and referred to the Commission for consideration and recommendation to the Council. The action and recommendation of each body concerning the permit shall take into consideration the appropriate land use for the area. The Council, after receiving and reviewing the recommendations of the Commission, may, by majority vote, authorize the issuance of a building permit or certificate of occupancy or may disapprove the application. SECTION 2.5 REGULATIONS APPLICABLE TO ALL DISTRICTS A. Applicability The following regulations shall apply to all zoning districts in this ordinance, as amended. B. General 1. No land or structure shall be used,nor intended for any use,other than those uses permitted in the district where the land or structure is located. ARTICLE 2: DISTRICTS&ZONING DISTRICT MAP CI YeOf WYI.I1 ZONING ORDINANCE 2. No structure shall be erected,reconstructed,enlarged,structurally altered,or moved in such a manner as to evade conformity with height, bulk, lot area, use and other regulations for the district where the structure is located. 3. No yard provided adjacent to a structure for the purpose of complying with provisions of this Zoning Ordinance, as amended, shall be considered as providing any part of a yard for another building on the same lot or on an adjacent lot. C. Accessory Structures 1. Attached accessory buildings shall conform to the regulations applicable to the main building to which they are attached. Attached buildings are defined as any building sharing a common roof with the primary structure. 2. Detached accessory buildings shall be subject to all of the following regulations,in addition to any other applicable regulations of this chapter. NOTE: Accessory buildings in AG/30 zoning districts directly associated with the support of a bona fide private agricultural use of the property have some differentiating requirements noted separately under the various headings below. a. Number of Buildings: (1) No more than two (2) accessory structures may be placed on any residential or commercial lot. (2) AG/30: The number of accessory structures that may be placed on an AG/30 lot is limited by lot coverage (see 4.b.2.b). b. Lot coverage: (1) The combined floor area of all accessory buildings shall not exceed five (5) percent of lot coverage or sixty (60) percent of the primary structure, whichever is less. In no case shall the combined area of the primary structure and accessory building(s) exceed the maximum percentage of lot coverage allowed for the zoning district on which the structures are placed. (2) AG/30: Barns and/or stables shall be limited in area to ten (10) percent of lot coverage. c. Setback Requirements: (1) Street: Accessory buildings shall not extend beyond a platted front, side or rear building line adjacent to a street. If no building line exists adjacent to a street on an approved plat, the building shall not be located closer than ten (10) feet from the property line. (2) Easement: No accessory structure shall be located within any easement. (3) Front: Accessory buildings shall not be located closer to the front property line than the main building or the front yard setback requirement for that zoning district, whichever is greater. (4) Side: Accessory buildings shall not be located closer than five (5) feet to the side property line when the accessory building is located behind the main building. When the accessory building is located in the side yard, the setback for the accessory building will be the same as the setback requirement for the main building. ARTICLE 2: DISTRICTS&ZONING DISTRICT MAP Ciry°oF WY LIE q ZONING ORDINANCE (5) Rear: When the accessory building is a garage or carport with rear access,the rear setback shall be a minimum of twenty (20) feet from the property line. All other accessory buildings shall not be located closer than five (5) feet to the rear property line. (6) Other Structures - Accessory buildings, other than carports, shall not be located within five (5) feet of any other structure. (7) AG/30: Barns and/or stables shall not be located within fifty (50) feet of any property line or dwelling d. Roof: (1) The minimum roof slope for all accessory structures shall be 3:12, unless the accessory structure is prefabricated, pre-finished, and covers less than two (2) percent of the lot or is a carport. (2) The color and materials of the roof of the accessory structures must closely resemble the color and materials of the roof of the main structure, unless the , N . (1) Accessory structures covering less than two (2) percent of the lot are required to , . (2) Accessory structures coy ering more than two (_:) percent of the lot are required • r-nFs... nd-sta t-y-froi led-, tr u(aira.l....(ACr/-30)-me, c-ccc apt fret-} FaiH(- 1-y+itt-6 t-ipt 4 E rr-ev-e i s µ walk. (4}—-N-e-p vre-tfe at ett w tod-H--peri n it-tt -1 i of 41-t-is �. Height: (1) Accessory structures shall be limited to a height of not more than fourteen (14) feet. (2) AG/30: Accessory structures shall be limited to a height of not more than twenty (20) feet. gl'_Notes: AG/30: Commercial equestrian or rodeo arenas whether enclosed, partially enclosed, or open air shall require a Specific Use Permit as provided in Section 5.4 "Special Use Permits" of this ordinance. 3. Wind-Powered Systems Wind Powered Systems may exist only as a secondary use. A Wind Powered System may not be erected on a lot until a primary structure has been constructed. ARTICLE 2: DISTRICTS & ZONING DISTRICT MAP CI Y Of WY LIF ZONING ORDINANCE a. Size limitations (1) Wind-powered systems, including windmills and/or wind turbines, shall be setback from all boundaries of any lot or habitable structure by a distance equal to at least one hundred twenty-five percent (125%) of the tower's height, as measured from average natural ground level,to the highest point of the arc of the wind blades' elevation above such ground level. (2) AG/30: Barns and/or stables shall be limited in area to ten (10) percent of lot coverage. b. Design Requirements (1) Wind Powered System shall be installed according to the manufacturer's recommendations and under the seal of a professional engineer registered by the State of Texas. Wet stamps are required. (2) Wind powered systems within a Residential or commercially zoned district shall be limited to 5kw of peak power output. (3) Wind powered systems within Industrial Zoned Districts total peak power output shall be limited to 25kw. (4) All wind powered systems are limited to 60dB at any point along the property line. (5) The tower shall be monopole without guy wires. (6) The color of all wind powered systems shall be non-reflective and of neutral tones or of earth tones such as subdued green or brown. Grey, including naturally darkening galvanized grey, is also an acceptable neutral tone. Wind powered systems shall not be finished in bright or vivid colors intended to draw attention to the structure. (7) Multiple wind powered systems are allowed on any lot, provided they are separated by a distance equal to at least the height of the tallest such tower, as measured from average natural ground level to the highest point of the wind blades' elevation above such ground level. (8) Lighting. All lighting not required by Federal Aviation Administration (FAA) regulations is prohibited. (9) Signs. There shall be no signage on the tower structure or any rotor blade. c. Required Plans and Specifications. In addition to the submittals otherwise required upon making application for a building permit, the application for a building permit for a Wind Powered System must be accompanied by a Site Plan. (1) A site plan of the proposed Wind Powered System shall include: (a) A survey or scaled drawing of the site on which the proposed Wind Powered System will be constructed. (b) The location of the Wind Powered System in regards to the property on which the system will be constructed. ARTICLE 2: DISTRICTS&ZONING DISTRICT MAP CI Y Of WY LIF ZONING ORDINANCE (c) All components of the system including the distance of the system to the property lines; required setbacks; existing structures on the site; natural features such as watercourse and trees. (2) Elevation drawings shall include: (a) The design and height of the proposed Wind Powered System; (b) Detailed drawings of all system components. d. Permitting Requirements (1) Small wind turbines must have been approved under the Emerging Technologies program of the California Energy Commissioner or any other small wind certification program recognized by the American Wind Energy Association. (2) Compliance with Uniform Building Code: Building permit applications for wind systems shall be accompanied by standard drawings of the Wind Powered System, including the tower, base and footings. An engineering analysis of the tower showing compliance with the Uniform Building Code or International Building Code and certified by a licensed professional engineer registered by the State of Texas shall also be submitted. Wet stamps shall be required. (3) Compliance with FAA Regulations: Wind Powered Systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports. (4) Compliance with National Electric Code: Building permit applications for Wind Powered Systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of the installation conforms to the National Electrical Code. (5) Utility Notification: No Wind Powered System shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement. e. Maintenance and Abandonment (1) A property owner with a valid permit to operate a wind powered system must submit to the Building Inspection Department a bi-annual letter prepared by a Professional Engineer registered in the State of Texas, stating that the wind powered system continues to meets current electrical and structural requirements as set forth in this Ordinance. (2) A Wind Powered System that has become unstable, leans significantly out of plumb, or that poses a danger of collapse shall be removed or brought into repair within 60 days following notice by the Building Official to the owner of the lot upon which the System is located. The Building Official may order immediate repairs in the event of imminent collapse. Failure to make the required repairs within the time provided is an offense. (3) If the owner of a Wind Powered System plans to abandon or discontinue, or is required to discontinue, the operation of the System, the owner shall notify the Building Official by certified U.S. mail of the proposed date of abandonment or ARTICLE 2: DISTRICTS&ZONING DISTRICT MAP CI Y Of WY LIF ZONING ORDINANCE discontinuation. Such notice shall be given no less than thirty (30) days prior to abandonment or discontinuation. (4) In the event that an owner fails to give such notice, the Wind Powered System shall be considered abandoned if the Wind Powered System is not operated for a continuous period of six (6) months. (a) Upon abandonment or discontinuation of use, the property owner shall physically remove the Wind Powered System within ninety(90) days from the date of abandonment or discontinuation of use. (b) "Physically remove" includes, without limitation, the actual, complete removal of the tower, turbine and all other components of the Wind Powered System from the site of the original installation. ARTICLE 2: DISTRICTS&ZONING DISTRICT MAP 7/1( WYLIF Zoning Ordinance ARTICLE 3 RESIDENTIAL DISTRICT REGULATIONS SECTION 3.1 LOW-DENSITY RESIDENTIAL DISTRICTS The Comprehensive Master Plan calls for the establishment of low-density residential areas throughout Wylie in order to preserve and replicate the rural environment. These districts provide for very low density residential development and agricultural uses which will preserve the rural amenities and character. A. Agricultural District(AG/30) 1. Purpose: Land within Wylie which is presently used for agricultural purposes and to which urban services may not yet be available should continue to be used for such agricultural purposes until needed for urban purposes in conformity with the City's Comprehensive Master Plan. Livestock may be maintained indoors and outdoors within the Agricultural District. It is anticipated that lands currently zoned and used for agricultural purposes will eventually be used for more urban purposes as the City develops. Newly annexed areas that are predominantly used for agricultural purposes will be zoned as an agricultural district until other zoning is required. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Agricultural District, including density, height, lot and unit size. Figure 3-1-Agricultural District(AG/30) Lot Size Lot Area(sq. ft.) Minimum 2 acres Lot Width(feet) 200 Lot width of corner Lots(feet) 230 Lot Depth(feet) 300 Lot Depth of Double Front Lots(feet) 300 Dwelling Regulations Minimum Square Footage 3,000 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard(feet) 50 Side Yard(feet) 20 Side Yard of Corner Lots(feet) 50 Side Yard of allowable nonresidential use(feet) 30 Rear Yard(feet) 50 Rear Yard Double Front Lots(feet) 50 Lot Coverage 45% Height of Structures Main Structure(feet) 40 Accessory Structure(feet) 20 ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS 7/1( WYLIF Zoning Ordinance 4. Additional Provisions: a. Refer to additional requirements in Article 7, General Development Regulations. b. A minimum separation of 100 feet between agricultural buildings and dwelling units on the same lot shall be maintained. Agricultural buildings for the purpose of this provision means those buildings used of the raising of crops or animals, or for the storage of agricultural equipment, supplies, or products. c. A minimum setback of 100 feet from the property line shall be provided for any agricultural building. d. Accessory structures on lots greater than 5 acres in area do not have to be behind the rear building line of the main structure. e. Non-Enclosed attached patio covers, although an addition to and part of the main structure shall be exempt from the rear yard setback requirements above. Patio covers shall be allowed to extend into the rear setback no closer than 10 feet from the rear property line provided maximum lot coverage is not exceeded. B. Single Family- Estate District(SF-ED) 1. Purpose: SF-ED is a single family residential district for detached houses on individual lots and requiring a minimum lot size of 1 acre. The cultivation of agricultural crops and livestock are allowed. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Single Family— Estate District, including density, height, lot and unit size. Figure 3-2-Single Family Estate District(SF-ED) Lot Size Lot Area(sq. ft.) Minimum 1 acre 43,560 sq. ft. Lot Width(feet) 100 Lot width of corner Lots(feet) 175 Lot Depth(feet) 200 Lot Depth of Double Front Lots(feet) 200 Dwelling Regulations Minimum Square Footage 1,900 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard(feet) 50 Side Yard(feet) 20 Side Yard of Corner Lots(feet) 40 Side Yard of allowable nonresidential use (feet) 30 Rear Yard(feet) 50 Rear Yard Double Front Lots(feet) 50 Lot Coverage 45% ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS of,\\) iz Zoning Ordinance Height of Structures Main Structure(feet) 40 Accessory Structure(feet) 20 4. Additional Provisions: a. Refer to additional requirements in Article 7, General Development Regulations. b. A minimum separation of 50 feet between agricultural buildings and dwelling units on the same lot shall be maintained. c. A minimum separation of 100 feet between agricultural buildings and a dwelling unit on a separate lot shall be maintained, if the agricultural building is used for the raising of animals, otherwise the separation is 50 feet. d. Agricultural buildings for the purpose of this provision means those buildings used for the raising of crops or animals, or for the storage of agricultural equipment, supplies, or products. e. No more than two animal units per acre of pasture area. A mother and her un-weaned young are considered one animal unit. f. Livestock animals are limited exclusively to horses and other equine species, cattle, llamas, sheep and goats. Swine and fowl are expressly prohibited. Domestic animals are allowed consistent with the Code of Ordinances. Other types of animals which introduce an unusual disturbance to the community or adjoining property owners shall not be maintained. g. Accessory structures in the Estate District, except garages, must be located behind the main dwelling in the rear yard. SECTION 3.2 MEDIUM-DENSITY RESIDENTIAL DISTRICTS The Comprehensive Master Plan calls for the development of medium-density residential areas to provide housing for most of the community's population. These districts allow for single family, detached housing on larger lots with wide setbacks in order to replicate Wylie's historic character. A. Single Family-20 District(SF-20/26) 1. Purpose: SF-20/26 is a single family residential district allowing detached houses on individual lots and requiring a minimum lot size of 20,000 square feet. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Single Family-20/26 District, including density, height, lot and unit size. ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS 7/1( 11 ut- Zoning Ordinance Lot Size Lot Area(sq. ft.) 20,000 Lot Width(feet) 100 Lot width of corner Lots(feet) 115 Lot Depth(feet) 150 Lot Depth of Double Front Lots(feet) 170 Dwelling Regulations Minimum Square Footage 2,600 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard(feet) 30 Side Yard(feet) 15 Side Yard of Corner Lots(feet) 30 Side Yard of allowable nonresidential use(feet) 30 Rear Yard(feet) 30 Rear Yard Double Front Lots(feet) 50 Lot Coverage 45% Height of Structures Main Structure(feet) 40 Accessory Structure(feet) 14 4. Additional Provisions: a. Refer to additional requirements in Article 7, General Development Regulations. b. Non-enclosed attached patio covers, although an addition to and part of the main structure, shall be exempt from the rear yard setback requirements above. Patio covers shall be allowed to extend into the rear setback no closer than 10 feet from the rear property line provided maximum lot coverage is not exceeded. B. Single Family- 10 District(SF-10/24) 1. Purpose: SF-10/24 is a single family residential district allowing detached houses on individual lots and requiring a minimum lot size of 10,000 square feet. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Single Family-10/24 District, including density, height, lot and unit size. ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS 7/1( WYLIF Zoning Ordinance Figure 3-4-Single Family 10 District(SF-10/24) Lot Size Lot Area(sq. ft.) 10,000 Lot Width(feet) 75 Lot width of corner Lots(feet) 90 Lot Depth(feet) 100 Lot Depth of Double Front Lots(feet) 120 Dwelling Regulations Minimum Square Footage 2,400 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard(feet) 25 Side Yard(feet) 10 Side Yard of Corner Lots(feet) 25 Side Yard of allowable nonresidential use(feet) 30 Rear Yard(feet) 25 Rear Yard Double Front Lots(feet) 45 Lot Coverage 45% Height of Structures Main Structure(feet 40 Accessory Structure(feet) 14 4. Additional Provisions: a. Refer to additional requirements in Article 7, General Development Regulations. b. Non-Enclosed attached patio covers, although an addition to and part of the main structure, shall be exempt from the rear yard setback requirements above. Patio covers shall be allowed to extend into the rear setback no closer than 10 feet from the rear property line provided maximum lot coverage is not exceeded. SECTION 3.3 HIGH-DENSITY RESIDENTIAL DISTRICTS High-density residential uses provide smaller-sized housing for entry-and exit-sized families as well as support business. A. Townhouse District(TH) 1. Purpose: The TH district is a single family residential district allowing between 2 and 7 attached houses on individual lots and requiring a minimum lot size of 3,000 square feet. The Townhouse District is intended to provide flexibility for development of properties that are providing open space, preserving natural areas of value, or avoiding areas with environmental hazards. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Townhouse District, including density, height, lot and unit size. ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS 7/1( WYLIF Zoning Ordinance Figure 3-5-Townhouse District(TH) Lot Size Lot Area(sq. ft.) 3,500-exterior w/side yards 3,000- interior wino side yards Lot Width(feet) 30 Lot width of corner Lots(feet) 45 Lot Depth(feet) 100 Lot Depth of Double Front Lots(feet) 120 Dwelling Regulations Minimum Square Footage 1,000-Duplex(2 dwellings) 1,200-others(3+dwellings) Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard(feet) 20 Side Yard(feet) 0 for interior 0 or 5 for exterior Side Yard of Corner Lots(feet) 15 Side Yard of allowable nonresidential use(feet) NA Rear Yard(feet) 25 Rear Yard Double Front Lots(feet) 45 Lot Coverage 60% Height of Structures Main Structure(feet 40 Accessory Structure(feet) 14 4. Additional Provisions: a. Refer to additional requirements in Article 7, General Development Regulations. b. Non-Enclosed attached patio covers, although an addition to and part of the main structure, shall be exempt from the rear yard setback requirements above. Patio covers shall be allowed to extend into the rear setback no closer than 10 feet from the rear property line provided maximum lot coverage is not exceeded. B. Multifamily District(MF) 1. Purpose: The MF district allows for high density residential development immediately adjacent to shopping and activity centers. The Multifamily District provides for the development of smaller, attached dwelling units on the same lot. Dwellings may be placed in one or more buildings and multiple buildings may be developed on the same lot. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Multifamily District, including density, height, lot and unit size. ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS 7 WYLIF Zoning Ordinance Figure 3-6-Multifamily District(MF) Lot Size Lot Area(sq. ft.) 43,560 Lot Width(feet) 100 at street with length—width ratio of 1:3 or less Lot width of corner Lots(feet) NA Lot Depth(feet) 150 with length—width ratio of 1:3 or less Lot Depth of Double Front Lots(feet) NA Dwelling Regulations Minimum Square Footage EF-750 sf; 1 BR-900 sf; 2 BR- 1,000 sf; 3 BR— 1,200 sf Maximum Density 15 Dwelling Units/Gross Acre Building Separation between detached buildings(feet) 20 or height of building, whichever is greater. Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard(feet) 30 from any street frontage Side Yard(feet) 20 from any interior lot line Side Yard of Corner Lots(feet) NA Side Yard of allowable nonresidential use (feet) NA Rear Yard(feet) 20 from any interior lot line Rear Yard Double Front Lots(feet) NA Height of Structures Main Structure(feet 40 Accessory Structure(feet) 14 4. Additional Provisions: Refer to additional requirements in Article 7, General Development Regulations. C. Manufactured Home District(MH) 1. Purpose: The Manufactured Home District allows for manufactured home subdivisions, where each dwelling is located on an individual lot. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are yard, lot and space requirements for Manufactured Home District, including density, lot, height and unit size. ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS 7/1( WYLIF Zoning Ordinance Figure 3-7-Manufactured Home Subdivision(MH) Lot Size Minimum Area for the Subdivision 2 acres Lot Area(sq. ft.) 7,200 Lot Width(feet) 60 Lot width of corner Lots(feet) 70 Lot Depth(feet) 100 Lot Depth of Double Front Lots(feet) 120 Dwelling Regulations Minimum Square Footage 1,000 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements—Main Structures Front Yard(feet) 25 Side Yard(feet) 10 Side Yard of Corner Lots(feet) 20 Side Yard of allowable nonresidential use (feet) NA Rear Yard(feet) 25 Rear Yard Double Front Lots(feet) 40 Lot Coverage 50% Height of Structures Main Structure(feet 30 Accessory Structure(feet) 14 4. Additional Provisions for Manufactured Home Subdivisions: a. Refer to additional requirements in Article 7, General Development Regulations. b. 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 (Chapter 1201, Texas Occupational Code as it exists or may be amended) and all manufactured housing will be subject to inspection by the building official. c. All manufactured housing within a subdivision shall be set on a solid slab structure or pier and beam foundation. Additional rooms in any dwellings, such as enclosed porches, etc., shall be constructed on a solid slab. d. Accessory buildings will be either manufactured or constructed in accordance with city codes. e. Non-Enclosed attached patio covers, although an addition to and part of the main structure, shall be exempt from the rear yard setback requirements above. Patio covers shall be allowed to extend into the rear setback no closer than 10 feet from the rear property line provided maximum lot coverage is not exceeded. ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS U ii Zoning Ordinance SECTION 3.4 RESIDENTIAL DESIGN STANDARDS A. Desirable Design Attributes All properties must meet base requirements provided in this section for Land Design, Street and Sidewalks, and Architectural Standards. In addition, properties must also select a certain number of desirable design standards from each of these categories. The available desirables are detailed in the following sections. B. Purpose of New Residential Design Standards 1. Land Design Standards. The purpose of the Land Design Standards is to provide for public sidewalks and pathways, and to provide public access to open space, to provide enhancements along pathways. 2. Street and Sidewalk Standards. The purpose of the Street and Sidewalk Standards is to provide for street treatments, pedestrian sidewalk and crosswalk standards, and to address location criteria of subdivisions adjacent to major thoroughfares. 3. Architectural Standards. The purpose of the Architectural Standards is to provide standards for exterior facades, roof quality, repetition of residential unit designs, garage doors, and facade upgrades in village residential areas. C. Design Standards Review 1. All residential development shall achieve at a minimum the required number of desirable design attributes in Figure 3-9, Subsections A-C. 2. New Residential Details of the Land Design Standards are included in Subsection D,details of the Street and Sidewalk Standards are included in Subsection E, and details of the Architectural Standards are in Subsection F. FIGURE 3-8—DESIGN STANDARDS INDEX Category Districts Figure Land Design Requirements See Figure 3-9(A) Street and Sidewalk Requirements See Figure 3-9(B) Architectural Requirements See Figure 3-9(C) ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS Zoning Ordinance CI of,,\\")tits= f FIGURE 3-9 NEW RESIDENTIAL DEVELOPMENT REQUIREMENTS a. Land Design Requirements (For all Residential Districts) ELEMENT a.BASE STANDARD(ALL DEVELOPMENT b. DESIRABLE MUST COMPLY FULLY WITH ALL LISTED (EACH DEVELOPMENT MUST SELECT 3 OF BELOW) THE 6 DESIRABLES LISTED BELOW) Public Open Space Easements 30 ft wide buffer with 8 ft wide trail to rear Single-loaded street along open space. of houses beside open space and perpendicular 30' wide access from street. Perimeter Screen Along 40 ft wide buffer, w/6 ft wrought iron Increase buffer width by 10%, slip Thoroughfares between brick or stone columns (50 ft o.c.) street/parkway with no residential lots or landscaped earthen berm (3:1 slope) backing or siding on thoroughfare Perimeter Walkways and Large canopy trees 50 ft. o.c. and 5 ft a. Mixture of large/canopy and Landscape concrete walk. small/ornamental trees and 8 ft walk/trail. b. Provide benches at nodes when adjacent to open space. Lighting and Furnishings along Solar-controlled lighting on 10-12 ft a. Trees 30 ft o.c. maximum, with down open space easements and trails lighting and ground-level lights. decorative poles every 100 ft, common throughout. Benches with backs every 1/2 1 mile or portion thereof when adjacent to b. Exercise apparatus every /4 mile. open space. Decorative paving and cross-walks at street connectors. ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS Zoning Ordinance CI of,,\\")tits= f b. Street and Sidewalk Requirements (For all Residential Districts) ELEMENT BASE STANDARD DESIRABLE (ALL DEVELOPMENT MUST COMPLY (EACH DEVELOPMENT MUST SELECT 2 FULLY WITH ALL LISTED BELOW) OF THE 4 DESIRABLES LISTED BELOW) Curvilinear Streets Curvilinear streets (minimum 25% between 3 & 23 degrees). Entry Features and Medians Architectural features on stone screen wall Wrought iron accent panels, or water or stone monument (no brick) within feature, or 2 or more different type/color landscaped median to first cross street, of stone(can be synthetic or cultured). with decorative paving and cross-walks. Signage at Entries Incorporated into screen wall or monument sign within median and illuminated by means other than street lights. Street Name Signs Including block numbers, incorporated Unique neighborhood design, or back- with street lighting coordinated throughout. lighted. Pedestrian Crosswalks 7 ft. wide, connected system of decorative 10 ft or wider, decorative pavers. pavers. Sidewalk Locations 5 ft concrete,both sides of street, meandering continuous pathway. Mail Boxes Paired at lot line on SF-10 Lots or lower. Stone, same house exterior trim. Number plaque, brick same as resident. Sidewalk Lighting Low-illumination with solar controls, on decorative poles every 250' to 350' apart (intersections &mid-block alternating sides). Perimeter Alleys No alley connection to thoroughfare, or parallel alley screened from thoroughfares, no lots face thoroughfares. ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS Zoning Ordinance CI a ia watt'. c.Architectural Requirements (For all Residential Districts) ELEMENT BASE STANDARD DESIRABLE (ALL DEVELOPMENT MUST COMPLY FULLY (EACH DEVELOPMENT MUST SELECT 5 OF WITH ALL LISTED BELOW) THE 9 DESIRABLES LISTED BELOW) Building Bulk and Articulation Minimum 25% of street facade offset Apply base standard to more than one side minimum 2 ft, minimum 60%total area on or increase minimum and offset by 50% 1st floor of all 2-story House Numbers Stone plaque with number beside main Lighted front wall plaque entry Ex4ettior Factade-Matetial 1-00-94 Witt-1w stone Of-Iiia°40-11fy-Sittiee0;;With 249A-stone of dveottatisve-bitiekwtettettt Porch 40 square feet covered front entry, and 100 60 square feet or larger front entry, or sq ft covered back or side entry connected wrap-around two or more sides, or pitched cover incorporated into roof lines of house Chitittneys Ght+n-Fte:y-encittnetitwittiotittst nmatothing -40%-sitmentowitatehshounesacteewt-matetti ex-te4or tapped Roof Pitch 8:12 minimum roof pitch; with articulation, dormers or hip/gable Roo Iski atettialn: Afelliteetufal lttracknotottfittp-sitattitkswititiesof standing-seam tusta tts t tingles, it-Foot:top itatessottiettstosmatelli Roof" av Nto wo seittsos soffit Repetition of floor plan and 7 lots skipped on same side of street before 9 lots skipped on same side of street before elevation repeating similar floor plan and elevation, repeating same or flipped, and 4 lots skipped opposite side of street, and no 6 lots skipped on opposite side of street identical or flipped floor plans side by side or directly across street ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS Zoning Ordinance Cr.I of,,\\")tits= f c.Architectural Requirements Con't (For all Residential Districts) Garage entry No doors facing primary street front. On a Garage shall be a minimum of 600 2 & 1 configuration, single door may face square feet in size. street. Garage shall be a minimum of 500 square feet. Dwelling Size Minimum dwelling size exclusive of garages and breezeways Fencing Front: 50%transparent, wood or wrought Board on Board iron. Or Wrought Iron Side/Rear: wood or wrought iron. Landscaping Established front lawn and minimum 2 Automated, subsurface irrigation system trees and 5 shrubs in front yard Outdoor Lighting Front entry and drive/garage illuminated Front façade and drive/garage by standard porch light illuminated by down-light (tree-or house- mounted) or up-light (house-mounted), and front- and side-yard activity area illuminated, wired to interior. Conservation/Sustainability Complies with Energy component of Certified by USGBC or LEEDS for Building Code energy and water. ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS Zoning Ordinance NEW RESIDENTIAL DEVELOPMENT D. Land Design Standards—New Residential Requirements Desired Land Design requirements are achieved by projects in accordance with the following criteria: 1. Provision of Public Pathways- Public Open Space Easements a. Base Standard (1) All Residential Development shall include a provision of an open space easement of a 30 feet wide buffer with 8 feet wide trail to rear of houses beside open space and a perpendicular 30 feet wide access from street. Trail shall be constructed to the City's standards in the easement, if any open space occurs in the residential development in the following situations: (a) adjacent to the 100 year flood plain line, (b) adjacent to an Electrical or Water easement right-of-way line, and/or (c) adjacent to the public property line adjoining Lake Lavon or Lake Ray Hubbard, and (2) The public pathway system easement(s) shall be connected along existing or planned utility rights-of-way and/or public property lines to any existing or planned public trail system on abutting land. Locate the public open space easement to provide for future connections to be made by others across intervening property to any existing or planned public trail system on land that does not abut the development. Public Access Street i Subdivision Development Public Open�. y .� -- - r '`� '�`•``�.� Space Easement - -�" .. will 8'concrete trai r ft 40, Open Space - . (b) Desirable Design Attributes Provide single-loaded street along open space. No residential lot shall back to public open space. ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS \\")° ti Zoning Ordinance b. Provision of Public Pathways—Perimeter Screening along a Thoroughfare a. Base Standard All Residential Development shall provide a 40 feet wide buffer,with a 6 feet wrought iron fencing between brick or stone columns (50 ft o.c.) or a landscaped earthen beim (3:1 slope). Such perimeter screening is required along all residential streets that consist of a 4 lane divided thoroughfare with a right-of-way width of 100 feet or greater. Subdivision • Development ( ( Perimeter : Landscaping - _ _ Public Thoroughfare - - - _ROW _ _ _ _ _ d _ . --- f � b. Desirable Design Attributes Increase buffer width by 10%. Face residential lots to slip street/parkway with no residential lots facing, backing or siding on thoroughfare. 3. Provision of Public Pathway—Perimeter Walkways and Landscape a. Base Standard All Residential Developments shall provide a 5 foot minimum concrete public walkway with a 10 foot minimum width landscape buffer at the perimeter of the development to provide access to the subdivision. Large canopy trees shall be provided at 50 ft o.c. The walkway may be located partially in the landscape buffer and partly within the street right-of-way parkway and must be placed a minimum of one foot off the curb. Minimum size for shade trees shall be 3 inches in caliper and 14 to 16 feet in height. Ornamental shade trees shall have a minimum diameter of 3 inches, while ornamental flowering trees shall be eight to ten feet in height. ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS )Lti- Zoning Ordinance The following trees and shrubs are recommended for landscaping and screening purposes: 1. Large Trees: Pecan Red Oak Bun-Oak Water Oak Southern Magnolias Live Oak Bald Cypress Bradford Pear 2. Small Trees: Yaupon Hollies Crape Myrtle Wax Myrtle Cherry Laurel Red Bud Japanese Black Pine Cedar Elm 3. Evergreen Shrubs: Red Tip Photinia Burford Holly Nellie R. Stevens Chinese Holly Yaupon Holly Clearra Nandinnia Dwarf Crape Myrtle Japanese Ligustrum Waxleaf Ligustrum Abelia Junipers Barberry Asian Jasmine Honeysuckle English Ivy Boston Ivy Liriope Monkey Grass Virginia Creeper Vinca Mondon Grass Ophia Pogon Elaeagnus Purple Sage Pistachio The following trees are discouraged for landscaping and screening purposes: Silver Maple Hackberry Green Ash Arizona Ash Mulberry Cottonwood Mimosa Syberian Elm American Elm Willow Sycamore ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS 7 cip,of WW iftif Zoning Ordinance +-4 -10' Minimum Width Q 5' Minimum Sidewalk Q Subdivision Development Connection to / Open Space ' I 40'Minimum Width when no acc2ss to upen Open Space space exists (see Public Open Space Easement) Vi*.:1:::::ii::ii...::::;:i.:. i Lot Lines —, ' ' Street x :' *- w d. , fl` Property �n � n Line 11 ' 50' 50' 50' Lot Lines b. Desirable Design Attributes Mixture of large/canopy and small/ornamental trees and 8 ft walk/trail,benches at node when adjacent to open space. ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS tt= f Zoning Ordinance 4. Lighting and Furnishings Along Open Space, Easements and Trails a. Base Standard (1) On open space easements,public walkways and trails provide: Solar-controlled lighting on 10-12 feet decorative poles every 100 feet, common throughout. (2) Benches with backs which meet the city's standard park bench, at a minimum spacing of one bench per 1/2 mile, or any portion thereof when adjacent to open space. (3) Provide decorative paving and cross-walks at street connectors. (4) Provide detention ponds, fountains or pools within buffer areas not adjacent to open space development. b. Desirable Design Attributes (1) Provide trees at a maximum of 30 feet o.c. with down lighting and ground-level lights. (2) Provide facilities for a balanced exercise program as part of the walkway system every 1/4 mile. E. Street and Sidewalk Standards—New Residential Requirements Desired street and sidewalk requirements are achieved in accordance with the following criteria: 1. Street Treatments -Curvilinear Streets a. Base Standard Subdivisions with curvilinear streets allow streets to follow original topography,reduce visual monotony of lot appearance, reduce speeds through residential neighborhoods, and discourage cut-through traffic. Subdivisions which develop curvilinear streets that meet the following standards are desirable in the City of Wylie. (1) Twenty five percent of the street lengths in a subdivision, excluding major or secondary thoroughfares, should be curvilinear in design. (2) The term curvilinear in design shall refer to any street segment which is designed with a degree of curvature not less than 3 degrees 30 minutes and not greater than 22 degrees 55 minutes, and which shall offset a minimum distance of 30 feet measured perpendicular to the initial tangent line of the curve. Computation of percentage of curvilinear street shall utilize the centerline of all residential streets within the subdivision. b. Desirable Design Attributes None 2. Street Treatments—Entry Features and Medians a. Base Standard All entrances to a residential subdivision shall have architectural features on stone screen wall or stone monument(no brick)within landscaped median to first cross street, ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS oho, Zoning Ordinance with decorative paving and cross-walks. Entry walls/monuments shall be illuminated by means other than street lights. b. Desirable Design Attributes All entrances to a residential subdivision shall have wrought iron accent panels, or water feature, or 2 or more different type/color of stone (can be synthetic or cultured). 3. Street Treatments—Signage at Entries a. Base Standard Signage identi bdivisionfying a su m be incorp wall, or monument sign within the median at the subdivision entryorated andinto shathell bescreen illuminated by means other than street lights. ,f „; „ a .• •,gig Algv 4 �`YS�tnJP�a �w" • r m..,, w ,wo-a $` a ti�"� "n,.„ti w ✓. ass!0. b. Desirable Design Attributes None 4. Street Treatments—Street Name Signs a. Base Standard Block numbers shall be incorporated with street lighting that is coordinated throughout the subdivision. b. Desirable Design Attributes Incorporate unique street name signs within the neighborhood or provide backlit signs. 5. Street Treatments—Pedestrian Crosswalks a. Base Standard ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS oho, Zoning Ordinance All crosswalks within a Residential development are to be 7 feet wide, and must connect to a pedestrian sidewalk system of decorative pavers with pedestrian ramps complying with the American with Disabilities Act, to provide a clear, continuous pedestrian and circulation system throughout a subdivision. b. Desirable Design Attributes Use of decorative concrete pavers 10 feet or wider at all crosswalks within a subdivision. 6. Pedestrian Sidewalks - Sidewalk Locations a. Base Standard 5 feet wide concrete pedestrian sidewalks shall be located on both sides of the street, in the right-of-way of every internal street, and shall foliii a meandering continuous pedestrian pathway system throughout the development. b. Desirable Design Attributes None 7. Mail Boxes a. Base Standard Mail boxes shall be paired at the lot line on SF-10 lots or lower and shall provide number plaque and brick to match the resident. b. Desirable Design Attributes: Pair mailboxes at lot line and incorporate stone and same house exterior trim to mail boxes. 8. Pedestrian Sidewalks - Sidewalk Lighting a. Base Standard Decorative street lighting shall be provided along residential streets throughout all Residential Developments, providing low illumination with solar controls on decorative poles with spacing ranging from 250 feet to 350 feet between lights placed on alternating sides of the street. A Street Lighting Plan must be submitted to the City 4 Vim « v V ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS Or,'of,WYLa Zoning Ordinance Engineer for approval. The City Engineer is authorized to alter the distance requirement if needed in an effort to achieve the best lighting arrangement possible. b. Desirable Design Attributes: None 9. Perimeter Alleys a. Base Standard Alleyways adjacent to major thoroughfares shall be screened from view from the public street with 6 foot decorative or solid masonry or concrete walls, wherever they are located parallel to the public street. Landscape planting may be placed on the public street side of the wall, but will not alone be considered to satisfy the screening requirement. No lots shall face thoroughfare. 111 � isfw 'i'i • rare �, � � mw �,*n� . S � " � v z 0'fi e a � ,W are4 ,4X47y Y ' lz fl b. Desirable Design Attributes None ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS 7/V/1 Ur Uf\\ Lu Zoning Ordinance ,7\sl`7-, 7 ,.;4 tt: 4IM 1'4' tttt ^•:‘-144044,41%,,`*1*. ,pt...04'``‘,;,' 044.4'4,44',1„‘ 44'4, ‘Itt 217 F. Architectural Standards—New Residential Requirements 1. Building Bulk and Articulation a. Base Standard In order to avoid large blank facades, variations in the elevation of residential facades facing a public street shall be provided in both the vertical and horizontal dimensions. At least 25 percent of the facade shall be offset a minimum of 2 feet either protruding from or recessed back from the remainder of the facade. A minimum of 60 percent of the total area shall be on the l floor of all 2 story dwellings. b. Desirable Design Attributes Increase the minimum percentage or the depth offset by at least 50% one 2. House Numbers a. Base Standard All single family residential units shall have stone plaque with resident address beside the main entry of the dwelling unit. b. Desirable Design Attributes Provide a lighted front wall plaque on all residential dwelling units. 3. Exterior Facade Material a. Base Standard frit-n-4y-rident m4 have a frirriiiiiiitit of one 411111 udt0-0).pc'FC(Nit 0 flthe exterior iiiiicarle-composecirofkihr-fireri-clify-brick-rii-xterreirlaidririaiiittify WI:44'1-0f iii I 0+111y-fitue e0 n di 2-0-ritirree-Rt-storitror--ritreorati-V-0 orkrtrtripenings (ila iK shall nottexc _5) perirent of the frorit of the iitriritience, n co, steorid- story-xvritiritif-- ether-elements ,tripportyfitriy 44c-fiief-ti-tft-104-1-11.0 may ite-4,AH-firiositcr-illitSitiiry triitterialtirif approved-4y 7 U Ty€f,wyuE Zoning Ordinance thh-t... - ft t " -- s Inn in --t"E.,.san i btht:y- ; -"a" 0"i y.. -Sti mmt and--a i= oi-k =kt+- at--k t-twE -() feet from fne-ins floor ex-ter-jiff liL Vbeibd, vinyl yl btelbnib and EIFS tft t - "tag s--ha14--- ot ebuoe -- b-eb t' i" n-- all-':-. 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Appeals Regarding Material If--the...... aaai -iag i(f ioiaai---detora-'aai-nos---t-fant-if""yH aot---0000-not--tfonaorastoaate-it fe- ,aenne i- ai-ri-1 as--rrftS-Oaary tiac=-a'a i-ir a-nt-_aaa-d-yppeaal-t-h :t_a-fcots-boo -to-the..- ,onfii-rraa=ti-raaa °aa tf i-a,- e ibiono tiao ConstftFeb yaoanµt aai 4"t"be base I c. Desirable Design Attributes None 4. Exterior Facades-Porch a. Base Standard ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS CI TN c1F'\\.7`LEI= Zoning Ordinance The front entry of any single family residential unit,which is the entry facing the street on which the unit is located,shall have a covered front entry of a minimum of 40 square feet floor area. There shall be a minimum of 100 square feet covered area at the back or side entry. b. Desirable Design Attributes: A covered front porch with a minimum floor area of 60 square feet or larger, or connected wrap-around on two or more side,or pitched cover incorporated into the roof line of the house. 5. Exterior Facades - Chimneys a. Base Standard hint- e `l . tii-far—t i ie ;—himney masonry mate g e a • r . . of the wesidentg: t ' °. i capped. b. Desirable Design Attributes: 1 I of ate e leit t ° t1 i , =t a c--40--pe ent-_:t� .....i t -tit t--the Eteeellt- xtertom,. 6. Roofs and Roofing-Roof Pitch a. Base Standard All single family residential units shall have a minimum roof pitch of 8:12, with articulation, dormers or a combination of hip and gable roofing. Minimum Roof Pitch allowed 8:12 b. Desirable Design Attributes None 7. Roofs and Roofing-Roofing Materials a. Base Standard t i t i t--4 y-re:+cl;-1-4t -1 it t:i i 1 1-hifve afe to tt l-- Ri c vc t i- n i , n—t l sl t " -a-Fe-hot t-teddP i- -n- _. Et —::Eti , a -ot r--roofs _ Ty _s y t -afe-t -be-paiiited-to-fnatel+-the-foef-shir ~ e b. Desirable Design Attributes ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS oho,\\ Zoning Ordinance None 8. Roofs and Roofing-Roof Eaves a. Base Standard e i1'in1tttt t 1 an, eWa '7 wu !�al . : m . an. red`' e „t +:.a a '""w,"`� �w'\ a "„w +°•", � Y «eq„ ,w 'q y` a ^""� ry "' 1 tt s � ryNr�rsu 'Y' zJ af a"mrreek ' r w v Ir '..�*a" II"*`+^ �m�'+�'Ctm-rs,Y'�;.,,et �„>?�,Yri, *�mm w'a•• y� YM nrc'�. ,.�:o "u, b. Desirable Design Attributes None 9. Repetition of Residential Unit Designs—Repetition of Floor Plan and Elevation a. Base Standard A minimum of seven (7) platted residential lots must be skipped on the same side and four(4)lots must be skipped on the opposite side of a street before rebuilding the same single family residential unit with an identical (or nearly identical) street elevation design. The same floor plan shall not be repeated on neighboring, side by side lots or directly across the street. L. L . J .L.I_1._1_. J . .Ll_L. L . L ._ NO I 71 61 51 41 3 I 2 I 1 I I 1 12 3 4 lots sopped oppolite sidelof street • —•ice• • 7 lots skipped same side of street • 7 _ 6 5 4 3 I 2 11 I ®� I 1 2 3 , 4 . 5 , 6 , 7 , NO I °K I I I IIIIIOKI IIIIII I TIT'T'T'T'T1T'T'T'T'I-1 T.T'T•- Identical or nearly identical floor plan means that the layout, size and function of the rooms are essentially the same Identical or nearly identical street elevation design means little or no variation in the articulation of the facade, height or width of facade, placement of the primary entrances, porches, number and placement of windows, and other major architectural feature. It does not mean similar colors, materials, or small details. b. Desirable Design Attributes A minimum of 9 platted residential lots skipped on the same side and 6 skipped on the opposite side of a street before rebuilding the same single family residential unit with ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS oho,\\ Zoning Ordinance an identical (or nearly identical) street elevation design. The same floor plan shall not be repeated on neighboring, side by side lots, or directly across the street. .LI._. ._L.J_.I_1._L.__I—._L_.1—I_.._I_._1_.J—. 1 . �i T r-1'—r'T'T'r— --r r' 9 I 8 71 6 5 I 41 .31 2. 11 I-. 1 2 6 lots opposite sidel of street I .e 8 9 I .1 Ti [8 17 i T 9 lois sa3 eride of'st eel I l (A l 21 r I-1 7 718[9 1_L_ _L. L._l_.__.L_I. ._l_.__.L_ ._L_._!_._!_. I ._L I I I i I I I I I I I I I I I I 1 I i I I 1 10. Garage Entry a. Base Standard Garage doors shall not be located on the primary street elevation of a single family residential unit. The primary street would be the addressed street front. When a three car garage is constructed on a lot in a 2 & 1 configuration,the single car door may face the street. Garages may face the street on a corner lot side yard. Each garage shall be a minimum of 500 square feet which includes a minimum of 100 square feet of storage space. �tlY:.nwdM� 4 b. Desirable Design Attributes Each garage shall be a minimum of 600 square feet which includes a minimum of 200 square feet of storage space. 11. Dwelling Size a. Base Standard The total square feet of floor space within the outside dimensions of a residential dwelling unit including each floor level, but excluding carports, garages, and breezeways. ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS tt= f Zoning Ordinance b. Desirable Design Attributes None 12. Fencing (If provided) a. Base Standard (1) Front yard fences shall be permitted with fifty (50) percent transparency constructed of wood or wrought iron. (2) Side and rear yard fences shall be permitted to a height of 8 feet maximum and constructed of wood or wrought iron. b. Desirable Design Attributes Fences constructed of board on board or wrought iron 13. Landscaping a. Base Standard Each residential dwelling shall have an established front lawn with a minimum of 2 trees and 5 shrubs. b. Desirable Design Attributes Each residential dwelling unit shall have an automated, subsurface irrigation system. 14. Outdoor Lighting a. Base Standard All residential dwelling units shall have an illuminated standard porch light at the front entry and drive/garage. b. Desirable Design Attributes Front facade and drive/garage shall be illuminated by down-light (tree or house mounted)or up-light(house mounted),and front and side yard activity area illuminated and wired to the interior of the house. 15. Conservation/Sustainability a. Base Standard Each residential dwelling unit must comply with the Energy component of the Building Code. b. Desirable Design Attributes Each residential dwelling unit is certified by United States Green Building Council (USBG) or Leadership in Energy and Environmental Design (LEED). ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS Ci 6i°�?F w�'iso Zoning Ordinance ARTICLE 4 NON-RESIDENTIAL DISTRICT REGULATIONS SECTION 4.1 COMMERCIAL DISTRICTS Commercial land uses provide retail goods and personal services as well as employment opportunities to support the local residential population, and provide public sales tax revenues. To serve the future population, three types of commercial categories exist, defined by their primary service function. Commercial districts provide a focus for institutional, commercial, and entertainment and service-related uses for neighborhood residents. Residential uses within and immediately adjacent to the commercial district provide a customer base for businesses located within it. A. Neighborhood Service District(NS) 1. Purpose: The Neighborhood Service District allows for convenience retail shopping, personal services, and professional offices principally serving the needs of the neighborhoods within and around the village center. Commercial development within the village center in the NS district should be compatible in scale, character and intensity with the surrounding residential neighborhoods. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Neighborhood Service District. Figure 4-1—Neighborhood Service District(NS) Height Height of Main Structure (feet) 36 Number of Stories 2 Residential Proximity 3 : 1 slope from residential lot line Building Placement and Coverage Front Yard Setback(feet) 25 Side Yard Setback (feet) 10 Rear Yard Setback(feet) 10 Lot Coverage 45 % Buffering and Screening Nonresidential Use Adjacent to Single Family Double Side & Rear Setback— 10' required landscaping w/screening Nonresidential Use Adjacent to Multifamily Double Side& Rear Setback— 5' required landscaping w/screening Service and Loading Areas Not visible from public street or adjacent residential uses 4. Additional Provisions: Refer to additional requirements in Article 7, General Development Regulations. ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS Ci 6i°�?F w�'iso Zoning Ordinance B. Community Retail District(CR) 1. Purpose: The Community Retail District allows for the development of higher intensity uses providing shopper and consumer goods, retail and personal services. Community Retail districts support several neighborhoods and are located adjacent to commercial corridors, business parks or industrial parks within the Comprehensive Plan. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Community Retail District. Figure 4-2—Community Retail District(CR) Height Height of Main Structure (feet) 36 Number of Stories 2 Residential Proximity 3 : 1 slope from residential lot line Building Placement and Coverage Front Yard Setback(feet) 25 Side Yard Setback(feet) 10 Rear Yard Setback (feet) 10 Lot Coverage 45 % Buffering and Screening Nonresidential Use Adjacent to Single Family Double Side & Rear Setback— 10' required landscaping w/screening Nonresidential Use Adjacent to Multifamily Double Side & Rear Setback— 5' required landscaping w/screening Service and Loading Areas Not visible from public street or adjacent residential uses 4. Additional Provisions: Refer to additional requirements in Article 7, General Development Regulations. C. Commercial Corridor District(CC) 1. Purpose: The Commercial Corridor District allows for the retail, personal service, office and light commercial needs of the residents of Wylie at a scale, character and intensity that is higher than allowed in the Community Retail Districts. The Commercial Corridor District has enhanced design and development standards to ensure the urban design quality and image recommended in the Comprehensive Plan. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for Commercial Corridor District. ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS Zoning Ordinance Figure 4-3—Commercial Corridor District(CC) Height Height of Main Structure (feet) 50 Number of Stories 4 Residential Proximity 3 : 1 slope from residential lot line Building Placement and Coverage Front Yard Setback(feet) 25 Side Yard Setback (feet) 10 Rear Yard Setback(feet) 10' Lot Coverage 50 % Buffering and Screening Nonresidential Use Adjacent to Single Family Double Side & Rear Setback— 10' required landscaping w/screening Nonresidential Use Adjacent to Multifamily Double Side & Rear Setback- 5' required landscaping w/screening Service and Loading Areas Not visible from public street or adjacent residential uses 4. Additional Provisions: Refer to additional requirements in Article 7, General Development Regulations. D. Business Government District(BG) 1. Purpose: The Business Government District is intended to serve as a pedestrian-friendly center for governmental, office, cultural, entertainment and light commercial uses. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Business Government District. ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS Zoning Ordinance Figure 4-4—Business Government District(BG) Height Height of Main Structure (feet) 50 Number of Stories 4 Residential Proximity 3 : 1 slope from residential lot line Building Placement and Coverage Front Yard Setback(feet) 25 Side Yard Setback (feet) 10 Rear Yard Setback(feet) 10' Lot Coverage 50 % Buffering and Screening Nonresidential Use Adjacent to Single Family Double Side &Rear Setback— 10' required landscaping w/screening Nonresidential Use Adjacent to Multifamily Double Side & Rear Setback— 5' required landscaping w/screening Service and Loading Areas Not visible from public street or adjacent residential uses SECTION 4.2 INDUSTRIAL DISTRICTS The purpose of the Industrial Districts is to provide a location where the major employment base of the community can be located with minimum impact on residential neighborhoods. Within the industrial districts the primary focus should be industrial and commercial uses that serve regional, state and national markets with support retail, office, and business-serving industrial uses as needed. A. Light Industrial District(LI) 1. Purpose: Light Industry includes less-intensive assembly,warehousing and distribution of products from previously prepared materials and parts. Excluded uses include, but are not limited to meat packing, chemicals and petroleum processing and manufacturing and foundries. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Light Industrial District. ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS Zoning Ordinance Figure 4-6—Heavy Industrial District(HI) Figure 4-5—Light Industrial District(LI) Height Height of Main Structure(feet) 50 Number of Stories 4 Residential Proximity 3 : 1 slope from residential lot line Building Placement and Coverage Front Yard Setback(feet) 25 Side Yard Setback(feet) 10 Rear Yard Setback(feet) 25 Lot Coverage 50 % Buffering and Screening Nonresidential Use Adjacent to Single Family Double Side&Rear Setback— 25' required landscaping w/screening Nonresidential Use Adjacent to Multifamily Double Side&Rear Setback— 15' required landscaping w/screening Service and Loading Areas Not visible from public street or adjacent residential uses B. Heavy Industrial District(HI) 1. Purpose: Heavy Industrial generally includes the more intensive processing and manufacturing of raw materials into usable products, and such operations normally create the most obnoxious consequences. Heavy Industrial requires access to regional transportation (highway and rail) and resources (water) as well as special utilities, and should be isolated or buffered from other land uses on larger campus settings. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Heavy Industrial District. ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS n u>°(It Nw,w L n Zoning Ordinance Height Height of Main Structure (feet) 50 Number of Stories 4 Residential Proximity 3 : 1 slope from residential lot line Building Placement and Coverage Front Yard Setback(feet) 50 Side Yard Setback(feet) 25 Rear Yard Setback(feet) 25 Lot Coverage 50% Buffering and Screening Nonresidential Use Adjacent to Single Family Double Side &Rear Setback- 25' required landscaping w/screening Nonresidential Use Adjacent to Multifamily Double Side &Rear Setback— 15' required landscaping w/screening Service and Loading Areas Not visible from public street or adjacent residential uses 4. Additional Provisions: Refer to additional requirements in Article 7, General Development Regulations. SECTION 4.3 NONRESIDENTIAL DESIGN STANDARDS A. Desirable Design Attributes All properties must meet base requirements provided in this section for Site Design, Landscaping, and Architectural Features. In addition, properties must also select a required number of desirable design standards from each of these categories. The available desirables are detailed in the following sections. B. Purpose of Nonresidential Design Standards 1. Site Design Standards.The purpose of the Site Design Standards is to provide for building and parking placement, access drives and the location of service and loading areas. 2. Landscaping Standards. The purpose of the Landscaping Standards is to provide for landscaping in required yards,parking lots and street frontages. 3. Architectural Features. The purpose of the Architectural Features is to provide for exterior building materials, building articulation, form and massing, and architectural compatibility. C. Design Standards Review 1. All nonresidential development shall achieve at a minimum the required number of desirables discussed in Figures 4-7 through 4-9. ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS Zoning Ordinance 2. Details of the Site Design Standards are included in Subsection D, details of Landscaping Standards are included in Subsection E, and details of the Architectural Features are in Subsection F. ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS Zoning Ordinance FIGURE 4-7 SITE DESIGN REQUIREMENTS ELEMENT BASE STANDARD DESIRABLE (ALL DEVELOPMENT MUST COMPLY FULLY (EACH DEVELOPMENT MUST SELECT 4 OF THE 8 WITH ALL LISTED BELOW) DESIRABLES LISTED BELOW) Building 1. Entrances and/or facades oriented to the 1. Building at the front yard line. Placement street. 2. Individual buildings w/footprints = or< 10,000 2. Building footprints no greater than 20,000 square feet. square feet in NS and CR Districts. 3. Front facade oriented to the street. 3. Multiple buildings placed to create plazas, courtyards, landscaped areas w/connecting walkways. Parking 1. Parking spaces at least 10' from residential 1. Site plan with no more than 50% of parking in Placement lot line. front of the building. 2. Building with no more than one row parking in front. Access Drives 1. Minimum width drive of 24', turning radius 1. Combined access points with adjacent tracts. of 25'. 2. Direct connection between buildings and street. 2. Access drive at least 150' from intersection. 3. Access drives serving developments greater than 30,000 sq.ft. shall have separated median, or be separated at least 150' from each other. 4. Landscaped treatment of entrances Location of 1. Service and loading areas shall not be visible 1. Not visible from public street but provide Service and from a public street or adjacent residential masonry screening. Loading Areas lot. 2. Developments unable to meet the above are required to have masonry screening walls w/gates. ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS 4d&'w't3R^ Zoning Ordinance FIGURE 4-8 LANDSCAPING DESIGN REQUIREMENTS ELEMENT BASE STANDARD DESIRABLE (ALL DEVELOPMENT MUST COMPLY FULLY WITH (EACH DEVELOPMENT MUST SELECT 4 OF ALL LISTED BELOW) THE 8 DESIRABLES LISTED BELOW) Landscaping in 1. At least 20 % of site shall be landscaped in NS, 1. Landscaping that exceeds the minimum Required Yards CR, CC, & BG Districts; 10% of site in CR& by 10%. CC Districts for single buildings of 100,000 sq 2. Landscaping in side and rear yard not ft. or more; 10% of site in LI and HI Districts. otherwise required. 2. Landscaping is required in the front yard. 3. Landscaping is required in side and rear yards adjacent to, or across the street from residential. Landscaping of 1. Site plans requiring more than 12 spaces 1. Landscaping10% or more in excess of 50 Parking Lots required to have 50 sq.ft. of landscaping per sq.ft./space. space. 2. Parking lots with no space further than 40 2. No parking space further than 60' from feet from a landscaped area. landscaped area on site. 3. Landscaped pedestrian connection to 3. Parking rows 12 spaces or longer shall have main entrance. landscaped islands at end. 4. All parking rows shall have landscaped areas at least every 12 spaces. Visual Screening 1. Required screening in strip at least 5' wide, plants 3' in height when planted, include one flowering tree for every 20 linear feet of area. Landscaping of 1. At least 50% of required front yard developed 1. Use of rock walls or other natural Street Frontages as landscaped buffer, at least 10' in width. landscape features. 2. Trees required in buffer, in groves or belts on a 2. Increase in minimum width of landscape 30—40' spacing. buffer by 20%. 3. Required trees at least 3" in caliper. 3. Provision of special benches,pedestrian 4. At least 4' meandering concrete walkway on lighting other streetscape elements. perimeter when adjacent to thoroughfare. ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS Zoning Ordinance FIGURE 4-9 ARCHITECTURAL DESIGN REQUIREMENTS ELEMENT BASE STANDARD DESIRABLE (ALL DEVELOPMENT MUST COMPLY FULLY WITH (EACH DEVELOPMENT MUST SELECT 3 OF ALL LISTED BELOW) THE 6 DESIRABLES LISTED BELOW) ��ila�i r- < verials 4,_E Bilge . ILL. ry -with i 1 f two-eel en K . lye- at I)-apt-"-0 /p--st ...`A it- aca -' NIS,-(41- " ad- tc f'° i^-t "p , e-v-e-fac-ade /-,-Big-, 1,1- -n 4 I I i t iet-s,- it: i t - - t t„-V i variety-a /`. . eon stfuetian--i s n- ,4 an 141 reki t et- fa- - ;ti4kng di t ict . 2,-Copy ski- ) style- licit-Nock, vit1--I e --yr t =t -2= -- : r 1 / ater''. 3. Btfi/ii- ys-slionkt--c -afeh t cttlfat-st to -and de-tails; sig -the sT ii-dint-teat- fi Is-,- :nd ego-Rs-of-the Sttffotifldiftg-new-deveiopmen4 c-offtex4 i ?t tl ft Building 1. Walls not exceed height width ratio of 1 to 2 1. Application of base standards to facades Articulation, Form without variation in massing of facade. At least not facing a public street. and Massing 25% of facade offset at least 4'. 2. Use of Architectural detailing and/or 2. Entrances must be emphasized with materials to provide variety in visual architectural elements. appearance. 3. Ground floor facades in NS, CR, & CC Districts required specified features along 60% of length. Architectural 1. Buildings in the NS and CR Districts shall be 1. Buildings with pitch roofs meeting Compatibility architectural compatible with surrounding minimum requirement of residential neighborhoods. development. 2. Buildings in CC & BG Districts adjacent or 2. Buildings with hip roof sections, dormers within 200' of residential areas shall be or two or more gable roof sections at architecturally compatible. right angles to each other. ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS Zoning Ordinance This page intentionally left blank ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS Zoning Ordinance D. Site Design Standards Desired Site Design requirements are achieved by projects in accordance with the following criteria: 1. Building Placement a. Base Standard (1) Buildings shall be placed with their entrance and/or main facade oriented to the street. (2) Building footprints shall be no greater than 20,000 square feet in the NS and CR Districts. FIGURE 4-10-BUILDING PLACEMENT Single building footprint no larger than 20,000 square feet 1111111111111,414, '\:*.t rlrrw++mi: °ie' no more than one roar �rwu�a�tl�wrIUl�re aw■ if . of parking in front of g; I, Cam:: a i ws j\ building 40, IN \ \ '0,41.41k -.,- ..-----f . .......„----------- ,„e, __ -- 4i Main entrance oriented to street ' Landscaping in front yard (3) Multiple buildings on a single site shall be placed in such a manner as to create plazas, courtyards, and landscaped areas with connecting pedestrian ways between buildings. (NS, CR, CC) ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS w Zoning Ordinance FIGURE 4-11-BUILDING PLACEMENT Multiple buildings each no greater than 20,000 square feet Plazas, courtyards and 4 landscaped areas %ft PEk w • r itip:,4 li i .. It kiii �, s'7_4:�„Ass" r..���,. � ®4df err' tY M A Ally; 4tboi ., ....' A•s: 5 % `: 0.7: .,,, . . W ,r• t� 71,,.15°°.__• _• __• " No parking in front yard -...---- -�""` _ Entrances oriented to street b. Desirable Design Attributes (1) Locate buildings at the front yard line with no parking in the front. (2) Individual buildings with footprints no greater than 10,000 square. (3) Provide a direct connection between a building's main entrance and the public street, not using a portion of a parking lot. 2. Parking Placement a. Base Standard (1) Parking spaces shall be located at least 10 feet from the nearest residential lot line. b. Desirable Design Attributes (1) Provide site plans with no more than 50%of parking in front of the main building. (2) Provide site plans with no more than one row of parking in front of the main building. ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS w Zoning Ordinance FIGURE 4-12-PARKING TO SIDE AND REAR OF BUILDING Parking to side and rear of building Building Located at the front yard line • 14, , , . , 44 '% id ,,, ,. Am 1 ,, f ,V, Ir ,iI l a 1 t, ,i ' r le .. " e fgi., ---E1 r Landscaping in required front yard 3. Access Drives a. Base Standard (1) All access drives shall have a minimum development standards adopted by the City of Wylie. (2) Access drives shall be located at least 150 feet from an intersection except when the site is too small to meet this requirement. In those cases, the site plan shall meet the desirable requirements. (3) Access drives serving developments with more than 30,000 square feet of development shall have a separated median, or be located at least 150 feet from each other, or as required by the City of Wylie development standards whichever is greater. (4) Provide landscaped entrances with the following treatments: (a) Decorative monuments sign using rock,brick or other natural materials. (b) Plantings of seasonal flowers and/or flowering shrubs; (c) Flowering trees or large trees from the approved plant list or sculptural artwork or a combination of the two. b. Desirable Design Attributes (1) Combined access points with adjacent tracts and on-site internal circulation. (2) Direct connection between buildings and street. ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS Zoning Ordinance FIGURE 4-13-LANDSCAPE TREATMENT OF ENTRANCES .yam/ I �` 1 r fi' Air yJ�� �I 17j/IF/ til : I i5 Lip ..1 ts: . c.449, .1_37 • AP s ' AA .40 cam, ®' i v . , F. • 11,16 4. Location of Service Areas and Loading a. Base Standard (1) Service areas and loading areas shall be located where they are not visible from a public street or from adjacent residential lots. (2) Service or loading areas which cannot fully meet the above requirement shall have a senry screening wall with gates which prevent visibility from a public street or adjacent residential lot. . b. Desirable Design Attributes Service and loading areas shall not be visible from a public street or adjacent residential lot, but which provide screening using a masonry screening wall with gates to screen the area from on-site areas. E. Landscaping Desired Landscaping Design requirements are achieved by projects in accordance with the following criteria: 1. Landscaping in Required Yards a. Base Standard (1) At least 20 percent of the site shall be landscaped in NS, CR, CC, and BG Districts, and at least 10 percent of the site in LI and HI Districts shall be landscaped.If a single building of 100,000 square feet or more is to be constructed on a single lot in CR or CC Districts then only 10% of the site will be required to be landscaped. (2) Landscaping is required in the front yard. (3) Landscaping is required in the side and rear yards when adjacent to or across the street from a residential use. ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS Zoning Ordinance b. Desirable Design Attribute (1) Landscaping that exceeds the minimum by 10 percent. (2) Provide the following landscape conditions in the side and rear yards of a development,not otherwise required because of residential adjacency: (a) The landscape area is at least 10 feet in width; (b) The landscape area has shrubs at least 3 feet in height planted within the landscape strip; and (c) The landscape area includes at least one flowering tree for every 20 linear feet of planting area. Trees may be planted in groves or bands as long as the required numbers of trees are provided. 2. Landscaping of Parking Lots a. Base Standard (1) All site plans with required parking more than 12 spaces are required to have 50 sq. ft. of landscaped area for each parking space. In calculating parking lot landscaped area, all areas surrounded by parking spaces are counted,plus the first five feet of perimeter landscaped area, if any. (2) No parking space shall be further than 60 feet from a landscaped area on the site. (3) Parking rows 12 spaces or longer shall have landscaped islands at the ends. (4) All parking rows shall have landscaped areas at least every 12 spaces. FIGURE 4-14-PARKING LOT LANDSCAPING first 5 feet of perimeter landscaping 12,1 3 ... 1 a roe i - . ; aa1 Landscaped Islands at end of parking rows i•r All parking rows shall have landscaped areas at least every 12 spaces. b. Desirable Design Attribute (1) Landscaping in parking lots which exceed the 50 square feet of landscape area per parking space by 10 percent or more. (2) Provide parking lots in which no parking space is further than 40 feet from a landscaped area. ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS nn alk vvn'I&I°_ w_. Zoning Ordinance (3) Provide parking lots which offer landscaped pedestrian connections from the parking lot to the main entrance. To qualify, the pedestrian connection must be separate from the parking spaces and drives, and connect to a central location within the lot to the building, and be developed with enhanced paving, and enhanced plant materials. FIGURE 4-15-PEDESTRIAN ACCESS FROM PARKING LOT Building entrance 00 fej.- r W / i 1 -�' 1' 11P _• I 8 i ��� 7a Iri I,J Q Ai*"► ,, �__` Decorative Paving /�.�� Materials .h ♦ , — Enhanced Plant \ ►_ Materials r-�i :�.�' - "ice �� i .,4,' - —I \ks Pedestrian access not part of parking lot 3. Visual Screening a. Base Standard Service and loading areas are required to be screened using landscape materials which meet the following conditions: (a) The service area shall be bordered by a landscaped strip at least 5 feet in width; (b) The shrubs shall be at least 3 feet in height when planted and within the landscape strip; and (c) The screening shall include at least one flowering tree for every 20 linear feet of landscape area. b. Desirable Design Attribute None 4. Landscaping of Street Frontages a. Base Standard ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS nn w Zoning Ordinance (1) At least 50 percent of the required front yard, excluding any access drives, must be developed as a landscaped buffer. The landscaped buffer must be at least 10 feet in width. (2) Trees shall be planted within the landscaped buffer along all public streets. To the extent possible, trees should be planted in groves or belts on 30 feet to 40 feet spacing depending on tree species. (3) Required trees must be at least 3 inches in caliper, measured at a point 12 inches above grade. (4) All nonresidential development shall provide a 4 foot minimum width meandering concrete public walkway around the development perimeter when adjacent to a public thoroughfare. The meandering walkway may be located partially in the landscape buffer and partly within the street right of way parkway and must be placed at least one foot off of the curb. FIGURE 4-16-LANDSCAPING OF STREET FRONTAGES Flowering shrubs and seasonal flowers Use of low °" i` , 4: if filwkll '.off. �s W rock walls ' t .......ice t ,.. -- e�«, � , s°:-�+"""fir „�._• .. :i„omit t mo w. .I y4, ..." `eP-M' irala� k N. „ , y;-1 , . � � "fir 'rrti � �'"^� r S ®".j�.rs 1,I r' ""fie L. L_ , . ,.°" " 't l 'x +,.. ma ... w 4' minimum width '"° meandering sidewa Visibility Triangle must be maintained b. Desirable Design Attribute (1) Utilize low rock walls or other natural landscape features, flowering shrubs and seasonal flowers within the landscape. (2) Increasing the minimum width of the landscaped buffer by 20 percent. (3) Provide special benches, lighting, or other streetscape amenities along the walkway. ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS t Zoning Ordinance FIGURE 4-17-LANDSCAPING OF STREET FRONTAGES Use of low Visibility rrockwalls Triangle i NI 4' minimum width 1 j�r r meandering e ..� 1 ' �;.. � sidewalk .; � , 1 Flowering shrubs ■ :, and seasonal `'I' flowers Propert i Line Req ed' — } Fr t Yard Parkway F. Architectural Features Desired Architectural Design requirements are achieved by projects in accordance with the following criteria: -i tsilding Materia s fis-etas Hsu isird (-t -----t r - s esieas f ossbet dice in the-NS, CH., i t';fits,leis -14-t-ti l is-s a l be es s -set- 7 as ss ° s . ' -all - it °, least 0 pe ee :ten; facades A ssve&esal; sse a te ria Ieerse asste -i seess=as 3 -1issei ed tag-lea:+e kest else; ,s t stare, s eeenstesesse setae; wetµ°;ta bl e -o- seen tlt este ibee aria. lSte saIl sows n etia seise-1 sme Ayala is 1.1 esel H - isS less. (-t), ISH,S-alaaa.l l net-beseotesedesedsaeeepta4skeesremasseesatehiaislsuSsshePebesaeeepted en apptied asiescrese t of rci itee °: `s es ° s sa, of essetTsteR° °a n fact:° e is-sass_ (3-) balsa#=s a ntis sspitehsgs ast-c-r tlsa ss ?ee2 +isaa l-lra ee soefe=s sse ts,si-ails s 6h-asseh-i-tcs;tssraal ll r° R-dies s ass fters saal t-elms ess--cis., ;sate s s s se as -roe-if s is it s,eseaanslieg s-rises s �ss t-aal..:s*esaf steer-salaat -uesefie ° i st -sae. (-it)—l$aae less-nasaletnees.aasssi ..c's teeier..se aata stisof-satssassuse --sailellseyes onersas ". well. slssi s;seeks=as-sssl siats;ri le iSia sirs sssedissgsteam:- -- Sa , .teffs*ent s•-lthens2.00-e essf aasesassaer (5)(1),Sebiees to Bssikliseg__Offiee PlanneegeDiseesoesseseeke lass-seoesaattessest-i e , xt's sta. s..a sthetic a i repri' ase, "a bil "less, lestr „ti , are l , s as a aap eaad wits-s-s etivessles tos :-ass l--casteriass=--Inst s salilleoes is s=sat- -tls-aasloi"steel st select sa..S ity-roses ii. b. lira I te'l n Mt . -i _l- r ° > . facade anti ' abt ' ,esisuet variety-and/or aka-l Rte" ar eta Idin s l �� sha llessesteseses t tensest° - t se any cagamas sa °,er`° (:t-1 is esisls, tlaessaas s ty ie cal`l saiNr is g sassats,s feels-tbrosaglaen t-ties. ess-t-ire-1 l es. ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS w Zoning Ordinance 2. Building Articulation, Form and Massing a. Base Standard (-i) In order to avoid large blank building facades, variations in the elevation of building facades facing a public street shall be provided in both the vertical and horizontal dimensions. Walls shall not exceed a height to width ratio of 1 to 2 without substantial variations in massing that include a change in height and either a projective or recessed element. At least 25 percent of the facade shall be offset a minimum of 4 feet either protruding from or recessed back from the remainder of the facade in NS, CR, CC and BG Districts. At least 20 percent of the front facade shall be offset a minimum of 4 feet either protruding from or recessed back from the remainder of the faced in LI and HI Districts. FIGURE 4-18-BUILDING ARTICULATION Roof form compatibl, 4 -R >_,�g with residential architecture ®,Ili raru if r 4 Jr � ;/4 `11111tt1 aUU in i111111JIIU`IIir]f` 11111111161' Entrances emphasized 1 a 9 I I 25 Percent of Facade either Minimum 4 projected or recessed Feet (- )()Entrances to buildings shall be emphasized through providing projections, recessed areas, canopies,projections in height, or other architectural elements. )( 1Ground floor facades facing a public street in a NS, CR, CC or BG district shall have arcades,display windows,entry areas, awnings, or other such features along at least 60 percent of their horizontal length. ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS w Zoning Ordinance FIGURE 4-19-BUILDING ARTICULATION Building Materials Projections - _Cast Stone ' a1,� .,. Stone ,......_, .. ..` a ;1'roer--—==ice Architectural M".'�— „ �'-`4 A IIIIIIMIUIM�a'llimIIII elements arli im w y iv3 ITCanopies a � 7 _ a: k, n - . 1 Fe sir l _ � T. VS '',,.r-.o.- .. 111111111111��'1�n+ 1 n1u*1uMl11111111111D111II�IIIIII 11 kii4 . k de/ Entrances /11( emphasized b. Desirable Design Attributes (1) Application of the base standard to facades not facing a public street, but visible from a public street. (2) Use of architectural detailing to provide variety in the visual appearance of the facade of the building. Architectural detailing may be achieved by the harmonious 'IX, ti5, j PT-i�CLCPi�T ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS nn ._. Zoning Ordinance FIGURE 4-20-ARCHITECTURAL DETAILS Roofing materials r, IIlII .�-..-mow,..... •,"' .�,, Cast stone details '^�"' .,.� a .,...,: �u��o ter- i Canopy yet y,�YY..�r �'iS+..aI�.1g.4 t -4- ig 4eF Il( II11 �111 - - •�. � � Window Il ` "' ". - .. RUN.I r aat bove �. - .a. -� 1_ [�I �' ��-- ....ammo -- ..� ~ -.4-2 door fir■ _ � MIN ® . di Y _.,' .ire—r$lI `.-.�.-2 .,�.� "'.°i `Arches 4 —`-. - . — `i ' = above } , - Entrance treatment �� t -4 Cast stone ( t i P • ; 1.-....0i —4 Rock work � #lt -TC Decorative brick pattems „ems., •- ......,...z....v \ • . Flt.yer\\\\ 4\Ilk MS0\ -- ,.w,. r~ '`•;, ./014k \N ' ' — Roofing materials !!" - �, �-- Arcade 1 /� r W 3. Architectural Compatibility a. Base Standard (1) Buildings in the NS and CR districts shall be designed to maintain architectural compatibility with the residential architecture of the surrounding areas. This may be achieved through the use of b„''a' to ° :, pitched roofs, window and door treatments, landscaping around the base of the buildings, or by other means. (2) Buildings within the CC District that are adjacent to residential zoning, or within 200 feet of residential zoning shall be designed to maintain architectural compatibility with adjacent residential architecture. This may be achieved through the use of building materials,pitched roofs,window and door treatments, landscaping around the base of the buildings, or by other means. ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS C`u>°alkv't Zoning Ordinance b. Desirable Design Attributes: Buildings with pitch roofs which meet the minimum pitch requirements of residential developments (6:12). Buildings with pitch roofs developed with hip roof sections, dormers, or two or more gable roof sections at right angles to one another. ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS CI I Y OF °LIT<< Zoning Ordinance ARTICLE 5 USE REGULATIONS SECTION 5.1 LAND USE CHARTS Buildings, structures and land shall be used only in accordance with the uses permitted in the following Land Use Tables, subject to all other applicable requirements of this ordinance. FIGURE 5-1 INTERPRETATION OF LAND USE CHARTS "P" The use is permitted as a principal use in that zoning district by right. Additional requirements for this use may be required and are listed in Section 5.2 Listed Uses, Additional Provisions. "P*" The use is permitted,however special provisions are required when located in this district. These provisions are listed in Section 5.2 Listed Uses, Additional Provisions. "S" The use is permitted in that zoning district only after first obtaining a Special Use Permit(SUP) as set forth in 5.4 Special Use Permits. "T" The use is permitted in that zoning district only after first obtaining a Temporary Use Permit(TUP) as set forth in Section 5.5 Temporary Uses and may include additional provisions. A blank square means that the use is not allowed in that zoning district as a principal use. ARTICLE 5: USE REGULATIONS CI I Y OF °LIT<< Zoning Ordinance FIGURE 5-2 DISTRICT ABBREVIATIONS ABBREVIATED ZONING DISTRICT NAME DEINATION Low-Density Residential Districts AG/30 Agricultural District SF-ED Single Family—Estate District Medium Density Residential Districts SF-20/26 Single Family -20 District SF-10/24 Single Family- 10 District High-Density Residential Districts TH Townhouse District MF Multifamily District MH Manufactured Home District Commercial Districts NS Neighborhood Services District CR Community Retail District CC Corridor Commercial District BG Business Government District Industrial District LI Light Industrial District HI Heavy Industrial District Special Purpose and Overlay Districts PD Planned Development District FP Floodplain District DTH Downtown Historic District SBO South Ballard Overlay District ARTICLE 5: USE REGULATIONS CITY OF ViTLIE Zoning Ordinance FIGURE 5-3 LAND USE TABLES PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed-Use Density Density Residential Residential Residential AG SF- SF- SF- TH M M NS CR CC BG L I H I DT SB A.Agricultural&Animal /30 ED 20/ 10/ F H H 0 Related 26 24 1. Animal Boarding Kennel S S P 1 per 325 sq ft of main with Outside Pens structure 2. Animal Boarding/Kennel S S S P* P* P* 1 per 325 sq ft without Outside Pens 3. Animal Production P* Per approved Site Plan 4. Commercial Greenhouse P* P* P* S P 1 per 300 sq ft of main or Nursery structure 5. Crop Production P* P* none 6. Stable(Commercial) S P* 1 per 3 stalls P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS CITY OF NA/YLIF Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed-Use Density Density Residential Residential Residential B.Residential&Lodging AG/3 SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO 0 ED 20/ 10/ 26 24 1. Assisted Living Apartment P* S P* S 1 per room(L) 2. Bed&Breakfast Inn S S S P* S P* P* P* 1 per room 3. Boarding or Rooming House P* P* P* P* P* 1 per room(L) 4. Hotel or Motel S P P P P* P 1.25 per room(L) 5. Manufactured Home P* P* P* P* P* P* P* 2 per dwelling 6. Manufactured Home Park P 2 per dwelling 7. Multifamily Dwelling P P* P* P 2 per dwelling 8. Single Family Dwelling, P P P* P* P 2 per dwelling Attached 9. Single Family Dwelling, P P P P P 2 per dwelling Detached P=Permitted P*=Permitted with additional requirements when located in this district. S=Special.Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS CFrY Or VivriE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential C.Institutional&Community AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DT SBO Service 30 ED 20/ 10/ H 26 24 1. Cemetery or Mausoleum S S S S S S P Per approved site plan 2. Church/House of Worship P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 1 per 250 sq ft 3. Civic Center PP PPPP P P 1 per 300 sq ft 4. College or University S S S S S PPPP 9 per classroom*(L) 5. Cultural Arts Facility P* P* P P P P P P 1 per 325 sq ft(L) 6. Day Care Facility S S S S S P* S P* P* P* P* P* P* P* 4 per classroom* 7. Group Home P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 1 per 2 beds 8. Hospital or Sanitarium P P 1 per 2 beds(L) 9. Library PP PPPP P P 1 per 325 sq ft 10. Mortuary or Funeral Home S P P 1 per 250 sq ft 11.Nursing,Convalescent P* P P 1 per 4 beds(L) Home or Hospice P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS CITY OF WYLIE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential C. INSTITUTIONAL& AG/ SF- SF- SF- TH MF M NS CR CC BG L I H I DTH SBO COMMUNITY SERVICE, 30 ED 20/ 10/ H CONT. 26 24 12.School(Public or Private) P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 1.5 per classroom(L) Elementary 13.School(Public or Private) P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 7 per classroom Secondary 14.School,Business P P P P P 9 per classroom 15.School,Technical or Trade P P P P 9 per classroom(L) P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS CITY OF WYLIE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential D. Office AG/ SF- SF- SF- TH MF M NS CR CC BG L I H I DT SBO 30 ED 20/ 10/ H H 26 24 1. Financial Institution (with S S P P 1 per 400 sq ft(L) drive-thru) 2. Financial Institution P P P P P P P 1 per 300 sq ft(L) (without drive-thru) 3. Financial Institution, S S S S S S S 1 per 250 sq ft(L) Alternative 4. General Office P P P P P P P 1 per 400 sq ft(L) 5. Medical Clinic P* P P P* P* P P 1 per 350 sq ft(L) P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS CITY OF NA/YLIE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential E.Recreational,Entertainment AG/ SF- SF- SF- TH MF M NS CR CC BG L I H I DT SBO &Amusement 30 ED 20/ 10/ H H 26 24 1. Commercial Amusement or S P S S 1 per 300 sq ft Recreation(Low-Density Inside) 2. Commercial Amusement or S P S 5 1 per 100 sq ft Recreation(High-Density Inside) 3. Commercial Amusement or S S S Per approved SUP Recreation(Outside) 4. Community Park, P P P P PP P PP P PPP P Per approved site plan Recreation Center,or Golf Course(Public) 5. Country Club or Golf P P P P PPP S S P P P 4 per green Course(Private) 6. Golf Driving Range S S S S S S S S S 5 1.25 per tee(L) 7. Health Club P* P* P* P P P P 1 per 200 sq ft 8. Neighborhood Park or P P P P PP P PP P PPP P P Per approved site plan(L) Playground 9. Sexually-Oriented Business P* 1 per 150 sq ft(L) 10. Shooting Range,Indoor S P 1 per 400 sq ft(L) 11.Theater P P 5 P P 1 per 200 sq ft P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS CITY OF WYLIE Zoning Ordinance a PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential F.Retail,Personal Service& AG/ SF- SF- SF- TH MF M NS CR CC BG L I H I DT SBO Commercial 30 ED 20/ 10/ H H 26 24 1. Animal Clinic or Hospital S S P P 1 per 400 sq ft(L) 2. Automobile Rental S P* P P* P 1 per 400 sq ft(L) 3. Automobile Repair,Major S S P 1 per 400 sq ft(L) 4. Automobile Repair,Minor S P P P S 1 per 300 sq ft(L) 5. Body Art Studio P* P* 1 per 150 sq ft(L) 6. Car Wash S S S Per approved SUP(L) 7. Club or Lodge(Non-profit) P P P P P 1 per 200 sq ft(L) 8. Contractor's Maintenance S P 1 per 500 sq ft main structure Yard (L) 9. Dry Cleaning or Laundry, P P P P P P* 1 per 350 sq ft(L) Drop-Off or Self Service 10. Cleaners(Commercial) S P* P* 1 per 1000 sq ft(L) 11. Equipment Rental S S S P P 1 per 500 sq ft main structure (L) 12.Food Processing S P* P P 1 per 1000 sq ft(L) 13.General Merchandise Store P P P P* P P P 1 per 400 sq ft(L) P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS CITY OF WYLIE Zoning Ordinance a PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential F.RETAIL,PERSONAL.Svc& AG/ SF- SF- SF- TH MF M NS CR CC BG L I H I DTH SBO COM.,coNT. 30 ED 20/ 10/ H 26 24 14.Grocery Store S P P P P 1 per 300 sq ft(L) 15.Home Improvement Center, P P P 1 per 400 sq ft(L) Lumber,Brick,or Building Materials 16.Household Equipment& P P P P P 1 per 500 sq ft(L) Appliance Repair 17.Motor Vehicle Fueling S P P P P Per site plan(L) Station 18.Pawn Shop P 1 per 250 sq ft(L) 19.Personal Service Use P P P P P P 1 per 250 sq ft(L) 20.Restaurant with Drive-in or P* P* P* 1 per 150 sq ft(L) Drive-through Service 21.Restaurant without Drive-in P* P* P* P* P* P* P* P* 1 per 75 sq ft(L) or Drive-through Service 22.Truck,Machinery&Heavy S P 1 per 600 sq ft of main Equipment Sales,Service or structure(L) Repair 23.Vehicle Display,Sales or P P 1 per 500 sq ft(L) Service P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS CITY Or VAILIE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential F.RETAIL,PERSONAL Svc& AG/ SF- SF- SF- TH MF M NS C CC BG L I H I DTH SBO COM.,CONT. 30 ED 20/ 10/ H R 26 24 24. Beer&Wine Package P* P* P* P* P* P* P* 1 per 250 sq ft(L) Sales 25.Antique Shop(Inside Sales) S P* P* P* P* 1 per 250 sq ft(L) 26.Secondhand Goods S P* 1 per 250 sq ft(L) 27.Used Merchandise S P* P* P* 1 per 250 sq ft(L) Resale/Consignment or Thrift Shop P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS CITY Or r'YLIE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential G.Utility,Transportation& AG/ SF- SF- SF- TH MF M NS C CC BG L I H I DTH SBO Public Service 30 ED 20/ 10/ H R 26 24 1. Airport,Heliport or Landing S P P Per approved site plan(L) Field 2. Animal Shelter P P 1 per 750 sq ft of main structure 3. Commercial Bus Station, S P P Per approved site plan(L) Terminal or Service Facility 4. Commercial Radio or TV S SPP Per approved site plan(L) Transmitting Station 5. Electric Substation or Gas S P Per approved site plan Regulator Station 6. Helipad S S PP Per approved site plan 7. Local Utilities P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* Per approved site plan 8. Mounted Antenna S S S S S P* P* P* P* P* P* P* P* P* none 9. Police or Fire Station P P P P P P PPP P P P P P Per approved site plan 10.Post Office S S S S P PPP P P P P P Per approved site plan(L) 11.Radio,Television or S S S S S Per approved SUP Microwave Tower 12.Railroad Yard P Per approved site plan P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS CITY OF NA/YLIE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential G.UTILITY,TRANS.&PUBLIC AG/ SF- SF- SF- TH MF M NS CR CC BG L I H I DTH SBO SERVICE,CONT. 30 ED 20/ 10/ H 26 24 13.Sewage Treatment Plant S Per approved SUP 14.Telecommunications Tower S S S S S S S S S S S P* P* Per approved site plan 15.Telephone Exchange S P S P P Per approved site plan without Shops or Offices 16.Transit Passenger Shelter P P P P P P P P P P P P P P P Per approved site plan 17.Utility or Government S P P S S S P P S S Per approved site plan Installation other than listed 18.Water Treatment Plant, P P Per approved site plan Reservoir or Water Storage P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS CITY OF WYLIE Zoning Ordinance a PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential H.Industrial&Manufacturing AG/ SF- SF- SF- TH MF M NS CR CC BG L I H I DTH SBO 30 ED 20/ 10/ H 26 24 1. Asphalt or Concrete Batch S Per approved SUP(L) Plant 2. Industrial(Inside) P* P* 1 per 1000 sq ft(L) 3. Industrial(Outside) S S Per approved site plan(L) 4. Light Assembly& P P P 1 per 1000 sq ft(L) Fabrication 5. Mining S S Per approved SUP 6. Printing&Publishing P P P P* P* 1 per 750 sq ft 7. Salvage or Reclamation of S 1 per 1000 sq ft(L) Products(Inside) 8. Salvage or Reclamation of S Per approved SUP(L) Products(Outside) P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS CFFY OF r'YLIE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential I. Wholesale,Distribution& AG/ SF- SF- SF- TH MF M NS CR CC BG L I H I DTH SBO Storage 30 ED 20/ 10/ H 26 24 1. Auto Auction S Per approved site plan(L) 2. Contractor's Maintenance P* P P Per approved site plan(L) Yard 3. Freight Terminal P Per approved site plan(L) 4. Landfill S Per approved SUP 5. Livestock Auction Pens or S Per approved SUP(L) Sheds 6. Mini-warehouse(Self- S S I per 20 units storage) 7. Office S P P P* P 1 per 750 sq ft(L) Showroom/Warehouse 8. Outside Storage P P Per approved site plan(L) 9. Recycling Collection Center S S S P Per approved site plan(L) 10. Warehouse/Distribution S P 1 per 1500 sq ft(L) Center P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS CFrY Or 1r vriE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential J.Accessory Uses AG/ SF- SF- SF- TH MF M NS CR CC BG L I H I DTH SBO 30 ED 20/ 10/ H 26 24 1. Accessory Agricultural P* S None Buildings 2. Accessory Community P* P* P* P* P* P* P* P* P* P* P* P* 1 per 300 sq ft Center(Private) 3. Accessory Game Court P* P* P* P* P* P* P* P* P* S P* P* None/Per approved site plan (Private) 4. Accessory Outside Display P* P* P* P* P* P* None of Merchandise 5. Accessory Outside Sales P* P* 1 per 500 sq ft 6. Accessory Outside Storage S P* P* None 7. Amateur Communication P* P* S S S P* P* P* P* P* P* P* None Tower 8. Caretakers S PP P PP P P P P 1 per 1000 sq ft Quarters/Domestic or Security Unit 9. Home Occupation P* P* P* P* P* P* P* None 10.Private Stable P* P* None 11.Swimming Pool(Private) P* P* P* P* P* P* P* P* P* P* P* P* S S None P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS CFFY Or 1r vriE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential K.Temporary Uses AG/ SF- SF- SF- TH MF M NS CR CC BG L I H I DTH SBO 30 ED 20/ 10/ H 26 24 1. Christmas Tree Sales T T T T T T T T 1 per 1000 sq ft 2. Occasional Sale/Garage P P P P P P P T T None Sale 3. Seasonal Sales Stand T T T T T 1 per 1000 sq ft 4. Temporary Concrete or T T T T T T T T T T T T Per approved site plan Asphalt Batch Plant 5. Temporary Construction T T T T T T 1 per 300 sq ft Yard,or Construction or Sales Office 6. Temporary Crop Production p T T T T T T T T T T T T T None 7. Temporary Grazing T T T T T T T T T T T T None 8. Temporary Living Quarters T T 2 per dwelling 9. Traveling Show,Carnival or T T Per approved site plan Circus P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit. (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS CITY OF WYLIE Zoning Ordinance THIS PAGE INTENTIONALLY LEFT BLANK ARTICLE 5: USE REGULATIONS y wa Lir Zoning Ordinance SECTION 5.2 LISTED USES All permitted districts, required parking, and loading are outlined in Section 5.1 Land Use Charts. A. Agricultural& Animal-Related Uses 1. Animal Boarding/Kennel with Outside Pens Definition: A facility or area for keeping 4 or more dogs, cats, or other household pets outside, or where grooming,breeding,boarding,training or selling of animals is conducted as a business. This use does not include Animal Clinics or Hospitals. 2. Animal Boarding/Kennel without Outside Pens a. Definition: A facility or area for keeping 4 or more dogs, cats, or other household pets, or where grooming,breeding,boarding,training in conjunction with selling of animals is conducted as a business,and where all activities are conducted indoors.This use does not include Animal Clinics or Hospitals. b. Additional Provisions: All permitted districts when adjacent to a residential use: (1) Rooms containing cages or pens are not permitted to have windows, doors, or other penetrations on exterior walls. (2) Areas designated for holding, boarding, or grooming of pets are limited to no more than 10 percent of the gross floor area. 3. Animal Production a. Definition: Animal production means an area used for the raising of animals and the development of animal products on a commercial basis. Typical uses include cattle and sheep ranching, dairy fanning, fish farming, and the raising of poultry and swine. b. Additional Provisions: AG/30 Districts: (1) Site must be surrounded by agricultural or industrial zoning or a major arterial on all sides. (2) This use shall not be operated on an area less than 5 acres. (3) The area used for the production of animals shall be set back from the front, side and rear property line a minimum of 100 feet. (4) The area used for the production of large animals, which includes but are not limited to pigs, cows, sheep, goats, and horses, shall not be located closer than one-half of a mile to any residential zoning district, and one-quarter of a mile to any commercial zoning district. ARTICLE 5: USE REGULATIONS y wa Lir Zoning Ordinance (5) Structures may be erected for a private stable,pen, barn, shed or silo for raising, treating, and storing products raised on the premises. A dwelling unit is also permitted. SF-ED Districts: (1) Site must be surrounded by Agricultural or Estate District zoning or a major arterial on all sides. (2) This use shall not be operated on an area less than 10 acres. (3) Equine species only. Swine and poultry prohibited. (4) The area used for the production of animals shall be set back from the front and rear property line a minimum 150 feet,and from the side property line a minimum of 75 feet. (5) Structures may be erected for a private stable,pen, barn, shed or silo for raising, treating, and storing products raised on the premises as an accessory structure only, and may not exceed 2% of the lot area. 4. Commercial Greenhouse or Nursery a. Definition: Commercial greenhouse & nursery means a facility for the cultivation of plants within a protected environment on a commercial basis. b. Additional Provisions: AG District: Limited retail sales are permitted on-site subject to the following conditions: (1) Retail sales are permitted at all times as part of the commercial greenhouse and nursery use when the retail sales do not exceed 10 percent of the total greenhouse floor area. (2) Up to 100 percent of the total greenhouse floor area may be devoted to retail sales activities during an occasional greenhouse sale. No more than 4 occasional greenhouse sales may be conducted during any 12 month period. Each occasional greenhouse sale shall be limited in duration to no more than 3 consecutive calendar days. NS & CR Districts: (1) Use shall be limited to 5,000 square feet of land area. (2) Inside retail sales permitted. (3) All outside storage shall be screened from adjacent properties and streets. 5. Crop Production a. Definition: Crop production means an area used for the raising or harvesting of agricultural crops intended to provide food or fiber. b. Additional Provisions: (1) Crop production shall require at least a 5 acre land area. ARTICLE 5: USE REGULATIONS CI C'If OF W LW Zoning Ordinance (2) Structures maybe erected for a private pen, barn, shed or silo of the treating and storing of products raised on the premises. 6. Stable, Commercial a. Definition: Commercial stable means a facility for the business of boarding or renting horses to the public. b. Additional Provisions: All permitted districts: (1) Commercial stables shall require at least a five acre area. Animal/land ratio shall comply with requirements of the City of Wylie Health Code. (2) A commercial stable shall have sufficient drainage and other facilities so as not to create offensive odors, insect or rodent breeding, or other nuisances. (3) A pen, corral, or similar enclosure shall have a minimum front setback of 50 feet and a minimum side setback of 30 feet from the property line. In addition, they may not be located any closer than 100 feet to the dwelling on the premises or 100 feet to any property line. This provision does not apply to perimeter fences which may be located along the property line. (4) Additional parking may be required for the parking of trailers if any events are planned or conducted on the property which will draw horses from other stables or other conditions are specifically identified that require parking of horse trailers on the property. B. Residential&Lodging Uses 1. Assisted Living Apartment a. Definition: An establishment that furnishes, in one or more facilities, food and shelter to five or more persons who are unrelated to the proprietor of the establishment and that provides personal care services as defined by Chapter 247 of the Texas Administrative Code. Personal care services include assistance with meals, dressing, movement, bathing, or other personal needs or maintenance; the administration of medication; or the general supervision or oversight of a person's physical and mental well-being. The term does not include a Nursing, Convalescent Home or Hospice. b. Additional Provisions: All permitted districts: (1) Retirement housing may contain suites for the use of residents. Suites are defined as one or more rooms designed to accommodate one family containing living, sanitary and sleeping facilities,but not containing a kitchen. (2) One dwelling unit or suite may be designated as caretakers. (3) The facility shall have access to a collector or larger street. ARTICLE 5: USE REGULATIONS CI IN'OF WY LW Zoning Ordinance 2. Bed & Breakfast Inn a. Definition: A house, or portion of a house,where short term lodging rooms and meals are provided. The operator of the inn shall live on the premises or in adjacent premises. b. Additional Provisions: All permitted districts: (1) The number of guest rooms is limited to 6. (2) Cooking facilities for guest rooms are not permitted. (3) Individual guest occupancy is limited to no more than one month in any 3-month period. CR district: (1) This use may only be permitted in existing structures. (2) The renovation of existing structures to accommodate this use shall maintain the existing character of the neighborhood. 3. Boarding or Rooming House a. Definition: Boarding or rooming houses means a facility that has 5 or fewer guest rooms that are rented separately to occupants. b. Additional Provisions: All permitted districts: (1) This use may serve meals to the occupants. (2) This use may not have kitchens in the guest rooms. NS & CR districts: (1) This use may only be permitted in existing structures. (2) The renovation of existing structures to accommodate this use shall maintain the existing character of the neighborhood. 4. Hotel or Motel a. Definition: Hotel means a building or group of buildings whose main function is to provide rooms for temporary lodging where entrance to each room is gained from a completely enclosed area and which structure may also contain a restaurant,conference rooms, and various personal service shops. Motel means a building or group of buildings whose main function is to provide rooms for temporary lodging in which the rooms are directly accessible from an outdoor parking area. b. Additional Provisions: DTH: No motels are permitted. 5. Manufactured Home ARTICLE 5: USE REGULATIONS CI C'If OF W LW Zoning Ordinance a. Definition: Manufactured Home is a factory-built, single-family structure that is manufactured under the authority of 42 U.S.C. Section 5401, the National Manufactured Housing Construction and Safety Standards Act of 1974,is transportable in one or more sections,is built on a pet manent chassis,and is used as a place of human habitation;but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. b. Additional Provisions: All permitted districts: Housing units shall be finished in a manner entirely consistent with site-built single- family homes and shall be placed on a concrete foundation so as to be virtually indistinguishable from other homes in the area. 6. Manufactured Home Park a. Definition: Manufactured Home Park means a unified residential development of manufactured homes on transient stands arranged on a lot under a single ownership. Manufactured homes are factory assembled structures without permanent foundations and designed to be transported on its own wheels, arriving at the site as a complete dwelling unit. Removal of the wheels and placement on a foundation does not change its classification. The term manufactured home includes half units that are transported to the site on their own wheels and assembled. It does not include travel trailers, campers, camper buses, motor homes, or modular houses. b. Additional Provisions: (1) Incidental Uses. Uses that are customarily incidental to the manufactured home park, including employee washrooms, manager's office, laundry rooms, swimming pools,and game courts,are permitted provided they are located at least 50 feet from a single family attached or single family detached zoning district. The game courts, laundry rooms, and swimming pool shall be for the exclusive use of the residents and their guests. No exterior advertising of these uses is permitted. (2) Accessory Structures. (a) The manufactured home park use includes accessory structures such as personal storage buildings, awnings, cabanas, and porches which are erected on the same transient stand as a manufactured home. (b) Accessory structures located on the same transient stand as a manufactured home are subject to the same setback regulations as the manufactured home itself, except for required storage buildings which may be set within 3 feet of the rear or side line of the transient stand. Storage buildings located according to this exception must: i. be separate from the manufactured home; ARTICLE 5: USE REGULATIONS CI IN'OF W LW Zoning Ordinance ii. be separate from all other accessory structures; and iii. be located to the rear of the manufactured home. (3) Pad Site. The pad site for the manufactured home shall be improved to provide adequate support for the placement of the manufactured home, thereby securing the superstructure against uplift, sliding, rotation and overturning due to frost action, inadequate drainage, vibration or other forces acting on the structure. (4) Transient Stand Requirements. Each transient stand within a manufactured home park shall have the following: (a) a separate personal storage facility, (b) a utility riser for each utility provided or required by the units located within the park, (c) a hose bib capable of accommodating a standard garden hose (5) Park Requirements.Each manufactured home park shall provide the following: (a) A park management and operations facility shall be located in a pet tnanent building. (b) A clubhouse containing at least 2,500 square feet of floor area or, 10 square feet of floor area for each transient space in the manufactured home park, whichever is greater. The club house shall be located in a permanent building. (c) A standard depth swimming pool containing at least 800 square feet of surface area, or 3 square feet of surface area for each transient stand within the manufactured home park, whichever is greater. (d) A recreation vehicle and utility vehicle storage area with a minimum of 100 square feet of area for each transient stand within the manufactured home park, screened from adjacent public right-of-way. Recreation vehicles and utility vehicles shall not be stored on transient stands within a manufactured home park. (6) Signs. The following signs shall be provided in a manufactured home park. (a) An identification sign in accordance with the sign provisions of this ordinance, located at each entrance to the park. The sign shall include the name of the park and its address. (b) Each manufactured home transient stand shall be numbered uniformly with numbers not exceeding 4 inches in height. This sign shall be located so that it is visible from the street or drive at all times. (7) Community Television Antenna. All manufactured homes shall have buried television antenna service from one central television antenna, and no individual outside television antennas will be allowed. (8) HUD Approved. All manufactured homes to be HUD approved. All manufactured homes installed in manufactured home parks shall be HUD approved and bear the required decal. ARTICLE 5: USE REGULATIONS CI C'If OF WY LW Zoning Ordinance (9) Access and Traffic Circulation. All manufactured home parks shall provide access and means of motor vehicle and pedestrian traffic circulation as follows: (a) Access. Motor vehicle entrances and exits shall be designed for safe and convenient traffic movement from adjacent public streets and onto internal streets and shall be limited to one entrance. (b) Internal streets. Internal streets shall be privately owned, built and maintained, and shall be designed for safe and convenient access to all spaces and to facilities for common use of park residents. All streets shall have concrete curbs and guttering set to City standards. i. On all internal streets, roads or driveways designed or intended to provide access to 2 or more spaces, there shall be 27 feet of pavement width with no on-street parking,unobstructed for vehicular access at all times. ii. If streets, roads or driveways are designed or intended to be used also for vehicular parking, a parallel parking space shall require a minimum width of 16 feet by 10 feet of street specification concrete, and no such parking space shall occupy or encroach upon the minimum unobstructed access areas. iii. Dead-end streets shall be limited in length to 600 feet and shall be provided at the closed end with a turnaround having a radius of not less than 44 feet. (c) Outside Entry Roads. Outside roads to the development shall be assessed on a pro rata basis using spaces as a criteria as dictated by the Council pertaining to development expense, if there is a usable road that complies with City specifications. If no road exists, it becomes the sole expense of the developer to provide one. (d) Perimeter Streets. Requirements for perimeter streets, as outlined in the Subdivision Ordinance, as amended, shall apply to manufactured home parks. (10) Utilities: (a) All Manufactured Home Parks must be connected to the public water and sewer system. (b) All Manufactured Home Parks shall comply with City requirements for water, sewer, electrical, gas, and all other utilities. 7. Multifamily Dwelling a. Definition: Multifamily Dwellings means 3 or more dwellings located on a single lot. b. Additional Provisions: All permitted districts: (1) All multifamily units shall provide laundry facilities consisting of 2 washers and 4 dryers for every 20 dwelling units or hook-ups in each dwelling unit. ARTICLE 5: USE REGULATIONS CI C'If OF W LW Zoning Ordinance (2) Projects of 10 or more 2-bedroom units shall provide central playground(s) equivalent to 15 square feet for every 2 bedroom dwelling unit. (3) For projects of 30 or more units the following shall be provided: (a) A lighted building directory in a public area. (b) Lidded dumpsters. (c) On-site management. (d) Covered mail boxes located in a central area which is lighted and has seating available. (e) Laundry rooms shall have secured access. (f) Common areas shall be visible from windows. (4) Uses that are customarily incidental to the Multifamily Dwelling use, including employee washrooms, manager's office, laundry rooms, swimming pools, and game courts, are permitted provided they are located at least 50 feet from a single family attached or single family detached zoning district. (5) The game courts, laundry rooms, and swimming pool shall be for the exclusive use of the residents and their guests. No exterior advertising of these uses is permitted. NS & CR districts: In addition to the standards above, the following shall apply: (1) Residential uses shall be in a mixed-use structure, or (2) Residential uses shall be part of an approved mixed use development plan where the residential is integrated within the development and residential and non- residential uses are developed concurrently. 8. Single Family Dwelling,Attached a. Definition: A dwelling unit attached to one or more other dwelling units where each dwelling unit is located on a separate lot. Attached single family dwelling units may include duplexes, townhouses, four-plexes, etc. b. Additional Provisions: NS & CR districts: In addition to the standards above, the following shall apply: (1) Residential uses shall be in a mixed-use structure, or (2) Residential uses shall be part of an approved mixed use development plan where the residential is integrated within the development and residential and non- residential uses are developed concurrently. 9. Single Family Dwelling, Detached Definition: Single family dwellings means one dwelling unit located on a lot. ARTICLE 5: USE REGULATIONS CI IN'OF W LW Zoning Ordinance C. Institutional& Community Service Uses 1. Cemetery or Mausoleum Definition: Cemeteries & mausoleum means: (1) A cemetery is a place designated for burial of the dead. (2) A mausoleum is a building with places for the entombment of the dead. 2. Church/House of Worship a. Definition: Church means a facility used for people to gather together for public worship, religious education, or other religious activities. b. Additional Provisions: All permitted districts: (1) The following structures, when located on top of a church building, are excluded from the height measurements of the church building: (a) belfries,bell towers, campaniles, or carillons; (b) crosses; (c) cupolas, spires, or steeples; or (d) similar architectural appurtenances used as religious symbols. (2) A rectory, convent, or monastery is permitted as an accessory use. These accessory uses may be located on a separate lot and are not subject to the area limitations in Article 3 Residential District Regulations. 3. Civic Center Definition: A Civic Center is a building or complex of buildings that house municipal offices and services, and which may include, but are not limited to, cultural, recreational, athletic, convention or entertainment facilities owned, managed, or operated, in whole or in part by a governmental agency. 4. College or University Definition: A college or university is an academic institution of higher learning beyond the level of secondary school. 5. Cultural Arts Facility a. Definition: Cultural arts facilities means a facility for the development, production, and presentation of the visual and performing arts, including live theater, dance,music, painting, sculpture, and crafts. b. Additional Provisions: ARTICLE 5: USE REGULATIONS CI IN'OF W LW Zoning Ordinance NS & CR districts: Structure shall be no more than 10,000 square feet in area. 6. Day Care Facility a. Definition: Day care facility means a facility that provides care, training, education, custody, treatment, or supervision for 7 or more persons who are unable to care for themselves and who are not related by blood, marriage, or adoption to the owner or operator of the facility, whether or not the facility is operated for profit or charges for the services it offers. This use does not include: (1) A facility that is accessory to a use, such as a shopping center,business,religious institution or other establishment, where children or adults are cared for during short periods of time while parents or persons responsible for them are engaging in activities related to the primary use; or (2) A facility that operates solely for educational instruction to children in grades kindergarten through at least grade two, that does not provide custodial care for more than one hour during the hours before or after the customary school day. b. Additional Provisions: All permitted districts: (1) No overnight accommodations shall be provided. (2) State license required. 7. Group Home a. Definition: A facility providing food and shelter, personal guidance, care, rehabilitation services, or supervision for not more than 6 disabled persons, regardless of their legal relationship to one another, and 2 supervisory personnel. A group home is a community-based residential home operated by the Texas Department of Mental Health and Mental Retardation Act, which provides services to disabled persons, or a nonprofit entity certified by the Texas Department of Human Resources as a provider under the intermediate care facilities for the mentally retardation program. b. Additional Provisions: (1) State license required. (2) No group home shall be established within 750 feet of another group home. 8. Hospital or Sanitarium Definition: Hospitals & sanitariums mean an institution where sick or injured patients are given medical treatment. 9. Library Definition: Library means a nonprofit establishment for the loan or display of books. ARTICLE 5: USE REGULATIONS CI IN'OF W LW Zoning Ordinance 10. Mortuary or Funeral Home Definition: Mortuary, funeral home means a facility in which dead bodies are prepared for burial or cremation and where funeral services may be conducted. 11. Nursing, Convalescent Home or Hospice a. Definition: Nursing, convalescent home or hospice means an establishment, in single or multiple facilities, which provides lodging and skilled nursing care for elderly, disabled, chronically ill or convalescent patients. The facility may also provide minor medical treatment under the direction and supervision of a physician. This use does not include: (1) A hotel or similar place that furnishes only food and lodging, or either, to its guests; (2) A hospital; or (3) An assisted living apartment. b. Additional Provisions: MF District: (1) The minimum parcel size required shall be 10,000 square feet. (2) The maximum number of beds per acre shall be 50. (3) Facility shall be located on a collector street or larger. 12. School, Public or Private, Elementary a. Definition: Schools,public or private, elementary means an educational institution that has a curriculum for kindergarten and/or elementary education. b. Additional Provisions: All permitted districts: Pick-up and drop-off areas which will accommodate 4 school buses shall be provided on-site. 13. School, Public or Private, Secondary a. Definition: Schools,public or private, secondary means an educational institution that has a curriculum for secondary education, or post secondary education. b. Additional Provisions: All permitted districts: (1) Secondary schools shall be located on a collector or larger street. (2) Pick-up and drop-off areas which will accommodate 6 school buses shall be provided on-site. 14. School, Business ARTICLE 5: USE REGULATIONS CI IN'OF WY LW Zoning Ordinance Definition: School,business means a facility offering instruction and training in a service or the arts such as secretarial, barbering, cosmetology, commercial arts, computer operations, and similar training. 15. School, Technical or Trade Definition: School, technical or trade means an establishment offering instruction and training in technical and skilled trades or crafts such as auto repair, cooking, welding, bricklaying, machinery operation, electronic and electrical services, plumbing, or other similar trades or crafts. D. Office Uses 1. Financial Institution, with drive-through a. Definition: Bank headquarters or branch of a financial institution with drive-through window means a facility granted a charter under the Texas Department of Banking as a state-chartered bank, savings and loan, or credit union for the custody, loan or exchange of money, and the extension of credit that provides drive-in window service for customers in motor vehicles. This term excludes a check cashing or payday loan establishment, loan or mortgage broker, stockbroker or other financial institution without a state bank charter. An automatic teller machine is not considered a bank. b. Additional Provisions: The minimum stacking space for the first vehicle stop for a commercial drive-through shall be 100-feet, and 40-feet thereafter, for any other stops. 2. Financial Institution,without drive-through Definition: Bank headquarters or branch of a financial institution without drive-through window means a facility granted a charter under the Texas Department of Banking as a state-chartered bank, savings and loan, or credit union for the custody,loan or exchange of money, and the extension of credit that does not provide drive-in window service for customers in motor vehicles. This term excludes a check cashing or payday loan establishment,or other financial institution without a state bank charter.An automatic teller machine is not considered a bank. 3. Financial Institution,Alternative a. Definition: A non-depository, check cashing business, payday advance or loan establishment, money transfer business holding a Money Transmission or Currency Exchange license with the Texas Department of Banking, car title loan business or a stand alone automatic teller machine on a single lot as a primary use. ARTICLE 5: USE REGULATIONS CI IN'OF W LW Zoning Ordinance b. Additional Provisions: In addition to requiring a Specific Use Permit, an Alternative Financial Institution as defined in Section 5.1.D.3, shall comply with the following regulations: (1) Hours of operation shall be established by City Council; (2) No outside queuing; (3) Must have an indoor waiting area large enough to accommodate all customers; (4) A lot containing an alternative financial institution shall be located at least 1,000 feet from any lot containing another alternative financial institution, as measured in a straight line between the nearest point from one property line to the other property line. (5) No lot containing an alternative financial institution shall be located within 500 feet of the rights-of-way for any 4 lane divided or greater thoroughfare as indicated on the most current Thoroughfare Plan. (6) A lot containing an alternative financial institution shall be located at least 300 feet from any lot zoned or used for residential purposes, as measured in a straight line between the nearest points of one property line to the other property line. 4. General Office Definition: General office means a place for the regular transaction of business. 5. Medical Clinic a. Definition: Medical clinic means a facility for examining, consulting with, and treating patients with medical, dental, or optical problems on an out-patient basis. b. Additional Provisions: NS District: If the building is over 5,000 square feet, an SUP is required. LI and HI Districts: May only occupy up to 10 percent of the gross floor area of a building. E. Recreational,Entertainment&Amusement Uses 1. Commercial Amusement or Recreation,Inside a. Low-Density Definition: Low-Density Commercial Amusement, Inside means a facility wholly enclosed in a building that offers entertainment or games of skill to the general public for a fee, where the space used by the equipment for the games or entertainment preclude occupancy of a majority of the floor space. These types of uses include, but are not limited to bowling alleys, miniature golf, and practice cages. b. High-Density ARTICLE 5: USE REGULATIONS CI IN'OF WY LW Zoning Ordinance Definition: High-Density Commercial Amusement, Inside means a facility wholly enclosed in a building that offers entertainment or games of skill to the general public for a fee, where a majority of the floor area is usable for occupancy. This use typically include but are not limited to billiard parlors, arcades, and other coin-operated machines. 2. Commercial Amusement or Recreation, Outside Definition: Commercial amusement, outside means a facility offering entertainment or games of skill to the general public for a fee where any portion of the activity takes place outside. 3. Community Park, Recreation Center, or Golf Course, Public Definition: Community park, recreation center, or golf course means a large scale recreation facility or park owned or operated by a public agency and available to the general public, typically over 10 acres in size and equipped with active recreation facilities and equipment which draws patrons from the entire community. 4. Country Club or Golf Course, Private Definition: Country Club or Golf Course with private membership means a private recreational club containing a golf course and a club house that is available only to the country club membership and their guests. 5. Golf Driving Range Definition: Golf Driving Range is an area used for hitting golf balls. A driving range may include an indoor management office. 6. Health Club a. Definition: An establishment that provides facilities for aerobic exercises,running and jogging, exercise equipment, game courts, swimming facilities, and saunas, showers, massage rooms, and lockers. b. Additional Provisions: MF and MH District: Health club shall be integrated into the residential development and shall be open to residents only. NS District: If the building is over 5,000 square feet, an SUP is required. 7. Neighborhood Park or Playground a. Definition: Neighborhood park or playground means a recreation facility or park owned or operated by a public agency and available to the general public, typically ARTICLE 5: USE REGULATIONS y wa Lir Zoning Ordinance under 10 acres in size and equipped with passive recreation facilities and limited equipment which draws patrons from the immediate neighborhood. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: When parking is required, the number shall be determined during a site plan review process that considers: (a) The proposed mix of recreation uses and their operating characteristics; (b) Experience with similar recreation facilities; and (c) The following general standards when applicable: i. 3 spaces for every game court; ii. One space for every additional 150 square feet of floor area in structures; and iii. 70 spaces for every playing field or diamond used for league play. d. Required Loading: None e. Additional Provisions: No parking is required when the use: is less than 3 acres in size,is completely located within a residential neighborhood,has no structural facilities beyond playground equipment, and is not adjacent to a collector or larger street. Otherwise parking is determined by the site plan. 8. Sexually-Oriented Business a. Definition: An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or massage establishment. b. Additional Provisions: This use shall meet all requirements of the Chapter 26 "Businesses"of the City of Wylie Code,Article III Massage Establishments and Article IV Sexually Oriented Businesses. 9. Shooting Range, Indoor Definition: Indoor shooting range means an indoor facility where individuals may discharge firearms in a controlled setting for the purposes of testing accuracy, for training, or for sport. 10. Theater Definition: Theater means a facility for showing motion pictures or staging theatrical performances or other performing arts to an audience inside an enclosed structure. F. Retail,Personal Service& Commercial Uses 1. Animal Clinic or Hospital ARTICLE 5: USE REGULATIONS CI IN'OF W LW Zoning Ordinance a. Definition: Animal clinic means a facility for the diagnosis, treatment, and hospitalization of animals including,but not limited to dogs, cats,birds, and horses. b. Additional Provisions: All permitted districts when adjacent to a residential use: (1) Rooms containing cages or pens are not permitted to have windows, doors, or other penetrations on exterior walls. (2) Areas designated for holding, boarding, or grooming of pets are limited to no more than 10 percent of the gross floor area. 2. Automobile Rental a. Definition: Automobile rental means a facility for the rental of vehicles including automobiles, vans, and light trucks under 6,000 pounds gross vehicle weight. b. Additional Provisions: CR and L I Districts: (1) Passenger vehicles only. (2) No more than 20 rental vehicles shall be stored on the site at any one time. 3. Automobile Repair, Major Definition: Garage for repair & rebuilding of personal vehicles means a facility for the repair, maintenance, and restoration of vehicles under 6,000 pounds gross vehicle weight. This use includes engine rebuilding and body work and painting necessary for the restoration of motor vehicles. 4. Automobile Repair,Minor a. Definition: Auto service center means a facility for the servicing or minor repair of automobiles. This use may include the retail sales of lubricating oils, tires, or parts for use in motor vehicles. Minor repairs include replacement of engine, transmission, chassis and drive train parts, tune-up and adjustments of motor vehicle engines and systems, and the replacement and repair of minor body parts such as windshields and windows and body trim parts. This use does not include rebuilding of engines or the restoration and painting of motor vehicles. b. Additional Provisions: NS District: (1) All activities and operations shall be conducted entirely within an enclosed structure. (2) Noise from bells or loudspeakers shall not be audible beyond the property line at any time. (3) Openings in service bays shall not face public rights-of-way and shall be designed to minimize visual intrusion into adjoining properties. ARTICLE 5: USE REGULATIONS CI IN'{ WV LW Zoning Ordinance 5. Body Art Studio a. Definition: An establishment whose services include tattooing and/or body piercing. Tattooing shall mean the placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin. Body piercing shall mean the creation of an opening in an individual's body, other than ear piercing, to insert jewelry or another decoration. b. Additional Provisions: Certifications of Occupancy for Body Art Studios must be held by a person licensed by the State of Texas, and such facilities must meet all environmental health requirements of the City of Wylie. Body Art Studios must be set back 1,000 feet from any other Body Art Studio; Residential Zoning District; Church; Public, Private or Parochial School; and Day Care. 6. Car Wash a. Definition: Car wash means a facility for the washing or cleaning of vehicles. A car wash may be: (1) a single unit type which has a single bay or a group of single bays with each bay to accommodate one vehicle only where a person uses a high pressure hose to wash the vehicle by hand; or (2) an automated single unit type which has a single bay to accommodate one vehicle at a time; or (3) a tunnel unit type which allows washing of multiple vehicles in a tandem arrangement while moving through the structure. b. Additional Provisions: (1) The following off-street stacking spaces are required: Type of Car Wash Total Number of Stacking Spaces Required Single unit, not 2 automated Automated single unit 2 Tunnel unit 5 (2) Bay openings shall not face public streets or adjoining residential properties. (3) All washing facilities shall occur under a roofed area with at least two walls. ARTICLE 5: USE REGULATIONS ARTICLE 5: USE REGULATIONS y wa Lir Zoning Ordinance (4) Vacuuming and/or detailing area may be outside the building but shall not be within 50 feet of the front property line and shall not be closer than 100 feet from any residential district. (5) Vacuuming and/or detailing area may be outside the building, but shall not be within 200 feet of the rights-of-way for any 4 lane divided or greater thoroughfare as indicated on the most current Thoroughfare Plan. (6) The building shall not be less than 150 feet from any residential district. (7) A permanent screening fence or wall not less than six feet in height shall be constructed along any site property line which abuts a residential district. During site plan review, the Commission may allow a living screen to be combined with or in lieu of the solid screening. 7. Club or Lodge,Non-profit Definition: Club or lodge,non-profit means a facility providing for the activities of private service organizations and clubs that operate on a non-profit basis. 8. Contractor's Maintenance Yard Definition: Contractor's maintenance yard means a facility for the storage and maintenance of contractor's supplies and operational equipment. 9. Dry Cleaning or Laundry, Drop-Off or Self Service a. Definition: Dry cleaning, laundry store means a facility for the cleaning of galments, principally for individuals. This use may be either: (1) a facility where patrons do their own cleaning; or (2) a facility where the cleaning is done by employees of the establishment. b. Additional Provisions: (1) The minimum stacking space for the first vehicle stop for a commercial drive- through shall be 100-feet, and 40-feet thereafter, for any other stops. (2) DTH:No drive through window service. 10. Cleaners, Commercial a. Definition: A Commercial Cleaners is a facility or area for cleaning items in bulk quantities such as clothes and linens. This definition includes cleaning for hospitals, restaurants, hotels, diaper cleaning services and other similar accounts, as well as rug and dry cleaning plants where on-premise retail services to individual households are incidental to the operation of the plant. b. Additional Provisions: Discharge of fumes into the atmosphere is prohibited. CI IN'OF WY LW Zoning Ordinance 11. Equipment Rental a. Definition: Equipment Rental means a facility for renting tools and heavy equipment. b. Additional Provisions: None. 12. Food Processing a. Definition: A facility in which food for human consumption is provided in the final form, such as candy,baked goods and ice cream, and the food is distributed to retailers or wholesalers for resale on or off the premises. The term does not include food or beverage processing which uses any mechanized assembly line production of canned or bottled goods. b. Additional Provisions: CR District: Structure must be 10,000 square feet or less. 13. General Merchandise Store Definition: General merchandise means a retail store for the sale or trade of general merchandise. Typical general merchandise includes clothing and other apparel, equipment for hobbies and sports, including bicycles, gifts, flowers and household plants, dry goods, toys, furniture, antiques, books and stationary,pets, drugs, auto parts and accessories, and similar consumer goods. The term "food store" includes a grocery, delicatessen, and convenience and specialty foods stores. This use does not include other uses in this article that are specifically listed. 14. Food Store Definition: Food store means a retail store for the sale of food. This definition includes general merchandise stores, such as convenience stores, supercenters, and pharmacies that have 20% or more of the floor space, including aisle space, dedicated to food stuffs. This use does not include other uses in this article that are specifically listed. 15. Home Improvement Center,Lumber, Brick, or Building Materials Definition: Home improvement centers, lumber, brick, or building materials means a facility for the sale of home,lawn,and garden supplies,bricks,lumber,and similar building materials. 16. Household Equipment & Appliance Repair Definition: Household equipment and appliance repair means a facility for the repair of household and home equipment, including appliances, lawnmowers, power tools, and similar items. 17. Motor Vehicle Fueling Station ARTICLE 5: USE REGULATIONS ARTICLE 5: USE REGULATIONS CI IN'OF WY LW Zoning Ordinance a. Definition: Motor Vehicle Fueling Station means a building or covered premises used for the dispensing and sale of fuels or oils and accessories for the motor vehicle trade, together with automatic car wash facilities. b. Additional Provisions: NS District: (1) SUP required and the additional conditions in 2 through 5 below. (2) All commercial activities and operations shall be conducted entirely within an enclosed structure, except as follows: (a) The dispensing of petroleum products, water and air from pump islands. (b) The sale of items via vending machines which shall be located next to the main structure. (3) Pump islands shall be located a minimum of 45 feet from a street right-of-way line. A canopy or roof structure over a pump island may be located no closer than 35 feet from the street right-of-way line. (4) One off-street stacking space is required for each pump and water/air dispenser. (5) No used or discarded automotive parts or equipment or disabled, junked, or wrecked vehicles shall be located in any open area outside the main structure. (6) Noise from bells or loudspeakers shall not be audible beyond the property line at any time. 18. Pawn Shop a. Definition: Pawn Shop means a facility licensed with the Consumer Credit Commissioner to loan money on the security of personal property and the sale of unclaimed property by a pawnbroker who is authorized to legally transact business in accordance with Chapter 371 of the Finance Code and as amended. b. Additional Provisions: Must be licensed in accordance with the Texas Finance Code Chapter 371, and as amended. 19. Personal Service Use Definition: Personal service use means a facility for the sale of personal services. Personal service uses include, but are not limited to a barber/beauty shop, shoe repair, a tailor, an instructional arts studio, a photographic studio, a handcrafted art work studio, a travel bureau, and duplicating shop. 20. Restaurant with Drive-in or Drive-through Service a. Definition: Restaurant with drive-in or drive through service means (1) A restaurant with drive-in service is an establishment principally for the sale and consumption of food where food service is provided to customers in motor vehicles for consumption on the premises. CI IN'OF W LW Zoning Ordinance (2) A restaurant with drive-through service is an establishment principally for the sale and consumption of food which has direct window service allowing customers in motor vehicles to pick up food for off-premises consumption. b. Additional Provisions: (1) The minimum stacking space for the first vehicle stop for a commercial drive- through shall be 100-feet, and 40-feet thereafter, for any other stops. (2) CR District: Drive through and stacking area shall not be located adjacent to residential uses. (3) The "Additional Provisions" listed in paragraph 21, subpart e., below, for "Restaurants without Drive-in or Drive-through Service" shall apply to Restaurants with Drive-in or Drive-through Service that sell alcohol. 21. Restaurant without Drive-in or Drive-through Service a. Definition: Restaurant without drive-in or drive through service means an establishment principally for the sale and consumption of food on the premises. b. Additional Provisions: Restaurants that sell alcohol shall be subject to compliance with the Texas Alcoholic Beverage Code, as it exists or may be amended, and to the following development criteria: (1) Restaurants are only peuiiitted to sell alcohol by right if the subject property was located within the City limits as of May 13, 2006. For property annexed into the City after May 13, 2006, a restaurant that sells alcohol must obtain a pei mit for a Private Club from the Texas Alcoholic Beverage Commission for the ability to sell alcohol. (2) A restaurant that sells alcohol shall not be located closer than 300 feet to a church and/or public hospital measured along the property lines of the street fronts from front door to front door, and in direct lines across intersections. (3) A restaurant that sells alcohol shall not be located closer than 300 feet to a public or private school measured in a direct line from property line to property line, and in direct lines across intersections. (4) The distance between a restaurant that sells alcohol and a private school can be increased to 1,000 feet if the City Council receives a request from the governing body of the private school to do so. (5) Restaurants that derive more than 75% of their revenue from the sale of alcohol are only permitted by specific use permit and may only be located in the zoning districts where the applicable type of restaurant is designated as "P*"on the Land Use Chart, Section 5.1, Subsection F,paragraph 20 or 21 of this Article 5. c. Additional Provisions for BG District: Restaurant Use must be incorporated into the Civic Center facility and owned, managed, operated, or contracted through, in whole or in part by a governmental agency. ARTICLE 5: USE REGULATIONS CI IN'{ WV LW Zoning Ordinance 22. Truck, Machinery & Heavy Equipment Sales, Service or Repair Definition: Truck,machinery and heavy equipment sales, service or repair means a facility for the display, sales, servicing and, or repair of trucks, machinery and heavy equipment. This use includes farm equipment and recreational vehicles over 6,000 pounds in weight. 23. Vehicle Display, Sales or Service Definition: Vehicle display, sales, and service means a facility for the display, service and retail sale of new or used automobiles, boats, trucks, motorcycles, motor scooters, recreational vehicles, aircraft, or trailers. 24. Beer & Wine Package Sales. a. Definition: An establishment, including but not limited to General Merchandise or Food Store of any size or Motor Vehicle Fueling Station, engaged in the selling of beer and/or wine to the general public for off-site personal or household consumption and rendering services incidental to the sale of such goods. b. Additional Provisions: Beer & Wine Package Stores shall be subject to compliance with the Texas Alcoholic Beverage Code, as it exists or may be amended, and to the following development criteria: (1) The establishment shall not be located closer than 300 feet to a church and/or public hospital measured along the property lines of the street fronts from front door to front door, and in direct lines across intersections. (2) The establishment shall not be located closer than 300 feet to a public or private school measured in a direct line from property line to property line, and in direct lines across intersections. (3) The distance between a Beer& Wine Package Sales Establishment and a private school can be increased to 1,000 feet if the City Council receives a request from the governing body of the private school to do so. (4) Beer sales are not pet mitted in residential areas. Residential areas include properties that are zoned in any Residential District category or a planned development that allows residential component,because these zoning districts are part of the neighborhood(s) within which they are located. Notwithstanding, a planned development ordinance may allow for Beer & Wine Package Sales at designated locations in the planned development that meet the requirements set forth herein. (5) Beer & Wine Package Sales establishments that derive more than 75% of their gross revenue from the sale of beer and/or wine: (a) Are permitted only by Specific Use Permit in the NS, CR, CC, LI, HI and DTH zoning districts; (b) Shall not be located closer than 1,500 feet from another Beer & Wine Package Sales Establishment that derives more than 75% of its gross ARTICLE 5: USE REGULATIONS CI IN'OF W LW Zoning Ordinance revenue from the sale of beer and/or wine, measured building-to-building (or outer wall of the lease space) in a straight line; (c) Shall not be located closer than 800 feet from the building to the property line of a residential zoning district, including residential portions of a planned development zoning district; and (d) Shall not be located closer than 1,500 feet from the property line of a City park, or the property line of a property owned by a church,public hospital, public or private school, public or private college/university, rehabilitation care institution, or child or adult day care, measured in a straight line from front door of the establishment to the nearest property line of a residential zoning district, City park, church, public or private hospital, public or private school,public or private college/university, rehabilitation center, or child or adult day care. 25. Antique Shop (Inside Sales) a. Definition: A retail establishment engaged in the selling of works of art, furniture, or other artifacts of an earlier period,with all sales and storage occurring inside a building. An Antique Shop is differentiated from a "Used Merchandise Store, Resale or Consignment Shop",in that it does not market common, contemporary used household good, clothing or furnishes, rather it deals primarily in vintage and nostalgia items (generally over 50 years old) and in antiques (generally over 100 years old) from past ears. b. Additional Provisions: (1) SUP required in NS District. (2) Outside displays are pet mitted only in areas designated on the site plan filed with the City. (3) Outdoor display areas may not exceed five percent of the primary building floor area. (Building area is defined as the entirely enclosed portion of the primary building or lease space.) (4) Outdoor display may occupy up to twenty percent of a covered sidewalk that is adjacent to the subject building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. (5) All sales and storage occurs inside. 26. Secondhand Goods a. Definition: Secondhand Goods means a facility and/or Dealer who purchases regulated property for the purpose of resale. Regulated property means any new or used: Electronic equipment; business machines; photographic equipment; power tools; musical instruments; firearms; jewelry; crafted precious metals; compact discs and cassette tapes; or Recreational sporting goods and equipment. ARTICLE 5: USE REGULATIONS CI IN'OF WY LW Zoning Ordinance b. Additional Provisions: All permitted districts: (1) SUP required in NS District. (2) A Secondhand facility and/or Dealer must adhere to the standards of Chapter 94 of the City Code of Ordinances and as amended. (3) Outside displays are peimuitted only in areas designated on the site plan filed with the City. (4) Outside placement of an item overnight is prohibited. (5) Outdoor display areas may not exceed five percent of the primary building floor area. (Building area is defined as the entirely enclosed portion of the primary building or lease space.) (6) Outdoor display may occupy up to twenty percent of a covered sidewalk that is adjacent to the subject building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. (7) No outdoor display may be located in any portion of a parking lot. (8) Outside sales of merchandise are prohibited. 27. Used Merchandise/Resale Shop/Consignment or Thrift Store: a. Definition: An establishment that generally markets common, contemporary used household goods, clothing or furnishings on a straight"for sale" or consignment basis. This term includes a used merchandise store that is operated by a non-profit, charitable or religious organization. b. Additional Provisions: (1) SUP required in NS District (2) Outside displays are permitted only in areas designated on the site plan filed with the City. (3) Outdoor display areas may not exceed five percent of the primary building floor area. (Building area is defined as the entirely enclosed portion of the primary building or lease space.) (4) Outdoor display may occupy up to twenty percent of a covered sidewalk that is adjacent to the subject building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. G. Utility,Transportation & Public Service Uses 1. Airport, Heliport or Landing Field Definition: Airport,heliport, or landing field means a facility for the taking-off or landing of fixed or rotary wing aircraft. ARTICLE 5: USE REGULATIONS CI IN'OF W LW Zoning Ordinance 2. Animal Shelter Definition: Animal Shelter means a pubic or non-profit facility for the harboring of animals including, but not limited to dogs, cats, and other household pets. 3. Commercial Bus Station, Terminal or Service Facility Definition: Commercial bus station and terminal means a privately owned or operated facility for the boarding and discharge of bus passengers. 4. Commercial Radio or TV Transmitting Station Definition: Commercial radio & TV transmitting station means a facility for the transmission of commercial programming by radio or television within the commercial band of the electromagnetic spectrum. 5. Electric Substation or Gas Regulator Station Definition: Electric substation&gas regulator station means a facility for the transforming of electricity or the reduction in gas pressure for distribution to individual customers. 6. Helipad Definition: Helipad means a landing area used for the taking off or landing of helicopters for the purpose of picking up and discharging passengers or cargo. This facility is not open to use by any helicopter without prior pet mission having been obtained. 7. Local Utilities a. Definition: Local utilities means electrical power, telephone, gas, water, and sewer drainage lines; air pollution monitoring stations and flood staging stations; and, unmanned, in-line facilities such as water wells, or pumping stations, telephone exchanges, switching, and transmitting equipment, including cellular telephone cell sites that are operated by the City or by a public service utility company. This use does not include any use otherwise listed in this Chapter. b. Additional Provisions: All permitted districts: Above-ground storage tanks are not permitted under this use. 8. Mounted Antenna a. Definition: Mounted Antenna means an antenna that is attached to a permitted structure. b. Additional Provisions: ARTICLE 5: USE REGULATIONS ARTICLE 5: USE REGULATIONS CI IN'OF W LW Zoning Ordinance All permitted districts: (1) Antennas mounted on buildings. (a) Roof-mounted telecommunications antennas are allowed on buildings in all zoning districts,provided: (b) a non-whip antenna does not exceed the height of the building by more than 10 feet and is screened from view from any adjacent public roadway, and (c) a whip antenna does not exceed the height of the building by more than 15 feet and is located no closer than 15 feet to the perimeter of the building. (d) Prior to installation of a roof-mounted antenna, the City shall be provided with an engineer's certification that the roof will support the proposed antenna and associated roof-mounted equipment. (e) Roof-mounted antennas and associated equipment may be screened with enclosures or facades having an appearance that blends with the building on which they are located or by locating them so that they are not visible from an adjacent public roadway. (2) Building-mounted telecommunications antennas of the non-whip type are allowed on nonresidential buildings in all zoning districts provided the antenna is mounted flush with the exterior of the building so that it projects no more than thirty inches from the surface of the building to which it is attached; and the antenna's appearance blends with the surrounding surface of the building. (3) Associated equipment shall be placed either within the same building or in a separate building which matches the existing building in character and tiuil - ig r atarfai s-or blends with the landscaping and other surroundings immediately adjacent to the separate building housing the equipment. Associated equipment for roof-mounted antennas may be located on the roof of the building if it is screened from view from any adjacent public roadway. (4) Other existing structures. Telecommunications antennas are allowed on existing utility,lighting,telecommunications towers and sign structures exceeding 50 feet in height,provided that the antenna does not exceed the height of the structure by more than 10 feet if a non-whip type or 15-feet if a whip type. Existing structures may be rebuilt if necessary to support the load of the new antenna if the rebuilt structure is substantially similar in appearance to the existing structure it replaces. (5) When an application for a building permit to locate a telecommunications antenna on an existing building or other structure is made,color photo simulation showing the site of the existing structure with a photo-realistic representation of the proposed antenna and the existing structure or any proposed reconstruction of the structure as it would appear viewed from the closest residential property and from adjacent roadways shall be provided. The applicant shall also submit photographs of the same views showing the current appearance of the site without the proposed antenna. CI C'If OF W LW Zoning Ordinance (6) Telecommunications antennas shall not be constructed or used without all approvals and permits first having been secured. 9. Police or Fire Station Definition: Police or Fire station means a facility operated by a governmental entity as a police or fire station. 10. Post Office Definition: Post office means a government facility for the transmission, sorting, and local distribution of mail. 11. Radio, Television or Microwave Tower Definition: Radio, television or microwave tower means a structure supporting antennae that transmit or receive any portion of the electromagnetic spectrum. 12. Railroad Yard Definition: Railroad yards mean a facility for storing and making up trains. 13. Sewage Treatment Plant Definition: Sewage treatment plant means a facility for receiving and treating sewage from the City sanitary sewer system. 14. Telecommunications Tower a. Definition: Telecommunications tower means a structure more than 10 feet tall, built primarily to support one or more telecommunications antennas. b. Additional Provisions: All permitted districts: (1) A site plan is required for all telecommunications towers. Site plan review shall include the following provisions in (2) through (16), below. (2) Tower height, including antenna array, shall not exceed 120 feet. (3) Telecommunications towers shall not be located closer to a residential district than 200 feet or a 3 to 1 distance to height ratio, whichever is greater. (4) New telecommunications towers must be a minimum distance of 5,000 feet from another telecommunications tower. (5) All guys and guy anchors shall be located within the buildable area of the lot and not within the front, rear, or side yard setbacks and no closer than 5 feet to any property line. (6) The base of the tower shall be enclosed by security fencing at least 8 feet high. ARTICLE 5: USE REGULATIONS CI IN'OF W LW Zoning Ordinance (7) Equipment buildings shall be similar in color and character to the main or adjoining building or structure or blend with the landscape and other surroundings immediately adjacent to it and be screened by a masonry wall. (8) The tower shall be erected and operated in compliance with current Federal Communication Commission and Federal Aviation Administration rules and regulations and other applicable federal and state standards. (9) A telecommunications tower shall be: (a) Used by a minimum of 3 or more wireless communications providers; or (b) Designed and built so as to be capable of use by 3 or more wireless communications providers, including providers such as cellular or PCS providers using antenna arrays of 9 to 11 antennas each within 15 vertical feet of each other with no more than 3 degrees of twist and sway at the top elevation. The owner of the tower and the property on which it is located must certify to the City that the antenna is available for use by another wireless telecommunications provider on a reasonable and nondiscriminatory basis and at a cost not exceeding the market value for the use of the facilities. If the property on which the tower is proposed to be located is to be leased, the portions of the actual or proposed lease that demonstrate compliance with the requirements of this paragraph shall be submitted with the zoning application. (10) All towers shall be of a tapering monopole construction, except that another type tower shall only be allowed upon a showing that it would cause less visual impact on surrounding property than a similar monopole structure. (11) No lettering, symbols, images, or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent roadway shall be placed on or affixed to any part of a telecommunications tower,antenna array or antenna, other than as required by FCC regulations regarding tower registration or other applicable law. (12) Telecommunications towers shall be constructed to minimize potential safety hazards. Telecommunications towers shall be constructed so as to meet or exceed the most recent EIA-222 standards and prior to issuance of a building permit the Building Official shall be provided with an engineer's certification that the tower's design meets or exceeds those standards. Guyed towers shall be located in such a manner that if the structure should fall along its longest dimension, it will remain within property boundaries and avoid habitable structures, public streets, utility lines and other telecommunications towers. (13) Telecommunications towers and equipment buildings shall be located to minimize their number, height and obtrusiveness, to minimize visual impacts on the surrounding area, and in accordance with the following policies: (a) The height of towers and monopoles shall have the least visual impact and be no greater than required to achieve service area requirements and potential colocation, when visually appropriate. ARTICLE 5: USE REGULATIONS CI IN'OF W LW Zoning Ordinance (b) The selected site for a new monopole and tower provides the least visual impact on residential areas and the public rights-of-way. Analyze the potential impacts from other vantage points in the area to illustrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility. (c) Site telecommunication facilities to minimize being visually solitary or prominent when viewed from residential areas and the public rights-of-way. The facility should be screened by vegetation, tree cover, topographic features, and buildings or other structures to the maximum extent feasible. (d) Place telecommunication facilities to ensure that historically significant landscapes are protected. The views of and vistas from architecturally and/or historically significant structures should not be impaired or diminished by the placement of telecommunication facilities. (e) A variance may be granted to these policies for a telecommunications tower when it is determined that such a variance better accomplishes the polices set out in this subsection than would a strict application of the requirement. Such variance shall be no greater than necessary to accomplish those policies. (14) No signals or lights or illumination shall be permitted on a monopole unless required by the Federal Communications Commission, the Federal Aviation Administration, or the City. (15) If any additions,changes, or modifications are made to the monopole,the changes shall comply with all of the above requirements for new towers and shall demonstrate, through the submission of engineering and structural data, that the addition, change, or modification conforms to structural wind load and all other requirements of the current Building Code. (16) Telecommunication towers which have not been used for a period of one year shall be removed from a site. The last telecommunication service provider to use a tower shall notify the Director within 30 days that use of a tower has been discontinued. 15. Telephone Exchange without Shops or Offices Definition: Telephone exchange without shops or offices means a facility for the switching and routing of telephone transmissions. 16. Transit Passenger Shelter Definition: Transit passenger shelter means a structure which affords protection from the weather to persons who are waiting to board a publicly owned or franchised transit vehicle. 17. Utility or Government Installation other than listed Definition: Utility or government installation other than listed means ARTICLE 5: USE REGULATIONS ARTICLE 5: USE REGULATIONS CI IN'{ WV LW Zoning Ordinance (1) A "utility other than listed" is a public or private facility franchised or operated by a Governmental unit as a utility, and which is not specifically covered by the use regulations in this chapter. (2) A "government installation other than listed" is an installation owned or leased by a government or quasi-public agency and which is not specifically covered by the use regulations in this chapter. 18. Water Treatment Plant, Reservoir or Water Storage Definition:Water treatment plant,reservoir and water storage tanks means a facility which is part of a water system, and is used for the purifying, supplying, and distributing of drinking water, or the storage of treated or untreated water. H. Industrial& Manufacturing Uses 1. Asphalt or Concrete Batch Plant Definition: Asphalt or Concrete Batch Plant means a permanent facility or area for the mixing of concrete or asphalt. 2. Industrial, Inside a. Definition: Industrial, inside means an industrial facility where all processing, fabricating, assembly, or disassembly takes place wholly within an enclosed building. b. Additional Provisions: All permitted districts: Hazardous or high risk uses require a Special Use Permit. 3. Industrial, Outside a. Definition: Industrial, outside means an industrial facility where any portion of the processing, fabricating, assembly, or disassembly takes place outside or in an open structure.For purposes of this provision,open structure means any structure or building which has omitted walls. b. Additional Provisions: All permitted districts: Hazardous or high risk uses require a Special Use Permit. 4. Light Assembly & Fabrication Definition: Light Assembly and Fabrication means a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, packaging, incidental storage, sales and distribution of products, but excluding basic industrial processing. y wa Lir Zoning Ordinance 5. Mining a. Definition: Mining means the extraction, removal, or stockpiling of earth materials, including soil, sand, gravel, or other materials found in the earth. The excavation of earth materials for ponds or lakes, including excavations for fish farming ponds and recreational lakes are considered mining unless otherwise expressly authorized by another provision of this ordinance. The following are not considered mining: Excavation, removal, or stockpiling of earth materials incidental to construction approved by a final plat, building permit, or for governmental or utility construction projects. b. Additional Provisions: (1) A master plan and site plan, operation plans, and a restoration plan shall be provided with the Special Use Permit application. (2) A Special Use Peiiiiit shall not be granted unless required state review and approval has been obtained. 6. Printing & Publishing a. Definition: Printing and Publishing means a facility for the commercial reproduction, cutting, printing, or binding of written materials, drawings, or other graphic materials on a bulk basis using lithography, off-set printing, blueprinting, or similar methods. b. Additional Provisions: SBO/DTH: Size limited to 4,000 square feet of floor area. 7. Salvage or Reclamation of Products, Inside Definition: Salvage or reclamation of products, inside, means a facility which stores, keeps,dismantles,or salvages scrap or discarded materials or equipment inside an enclosed building. Scrap or discarded materials include but are not limited to metal, paper, rags, tires,bottles, or inoperable or wrecked motor vehicles,motor vehicle parts,machinery, and appliances. 8. Salvage or Reclamation of Products, Outside a. Definition: Salvage or reclamation of products, outside means a facility which stores, keeps, dismantles, or salvages scrap or discarded materials or equipment outside of any structures. Scrap or discarded materials include but are not limited to metal,paper,rags, tires,bottles, or inoperable or wrecked motor vehicles, motor vehicle parts,machinery, and appliances. b. Additional Provisions: (1) All outside storage, salvage and/or junk shall be screened from view of public streets by a 10-foot high solid screening device that complies with the following requirements: (a) The screening device shall be setback a minimum of 20 feet from all streets; ARTICLE 5: USE REGULATIONS ARTICLE 5: USE REGULATIONS y wa Lir Zoning Ordinance (b) All screening devices shall form an opaque, solid barrier, without gaps or openings, except as provided in(d)below; (c) All screening devices shall be constructed of masonry or concrete as specified in Section 7.1.1; (d) Only openings in screening devices which are necessary for reasonable access to the salvage yard shall be permitted, but shall be equipped with a solid gate or door constructed and maintained in accordance with the requirements for screening devices set forth in this section. All openings so permitted shall be closed and securely locked at all times, except for needed access and for fire and emergency vehicles; (e) All screening devices shall extend downward to ground level, and shall also test plumb and square at all times; (f) Any painting, staining, coating, covering or other coloring of any screening devices shall be of a uniform color; (g) The screening device shall not be used for bill postings or for other advertising purposes, except a space not larger than 50 square feet which may be used for the advertisement of the business of the owner. (h) All screening devices shall be maintained, repaired and/or replaced to ensure compliance with the requirements in this section at all times; and (i) No junk or salvage of any character, or parts,or machinery of any kind shall be allowed to remain outside. (2) Screening shall not be permitted in the floodway. If the location of the required screening is in the floodway or floodplain, screening should be placed elsewhere on the property to achieve the desired screening. I. Wholesale,Distribution& Storage Uses 1. Auto Auction Definition: Auto auction means a facility for the auction of automobiles, vans, and light trucks used as personal vehicles. 2. Contractor's Maintenance Yard a. Definition: Contractor's maintenance yard means a facility for the storage and maintenance of contractor's supplies and operational equipment. b. Additional Provisions: CC District: All outside storage areas shall be entirely screened from view of streets and adjacent residential property with a masonry wall. 3. Freight Terminal Definition: Freight terminal means a facility for the transfer and storage of freight. CI IN'OF WY LW Zoning Ordinance 4. Landfill Definition: Landfill means an area where a type of operation in which refuse and earth or other suitable cover material are deposited in alternate layers of specified depth in accordance with a definite plan on a specified portion of open land, with each layer being compacted by force applied by mechanical equipment. 5. Livestock Auction Pens or Sheds a. Definition: Livestock auction pens or sheds means a facility for the auction of livestock. b. Additional Provisions: If 20,000 square feet or more of gross floor area, one space is required for each 3,000 square feet of gross floor area. 6. Mini-warehouse, Self-storage Definition: Mini-warehouse, self storage means a building or group of buildings containing one or more individual compartmentalized storage units for the inside storage of customers' goods or wares, where no unit exceeds 500 square feet in floor area. 7. Office Showroom/Warehouse a. Definition: Office showroom/warehouse means a facility that has the combined uses of office and showroom or warehouse for the primary purpose of wholesale trade, display, and distribution of products. b. Additional Provisions HI District: Retail uses limited to 10 percent of the gross floor area. 8. Outside Storage Definition: Outside storage means a lot used for the outside storage of an item for a period in excess of 24 hours. 9. Recycling Collection Center Definition: Recycling collection center means a facility for the collection and temporary storage of empty beverage containers, aluminum, glass, paper, plastics, and clothing for recycling purposes. 10. Warehouse/Distribution Center Definition: Warehouse means a facility primarily for the inside storage of items and is 25,000 square feet or smaller. Distribution Center means a warehouse facility which is primarily for distribution by rail or truck, and which is 25,000 square feet or larger. ARTICLE 5: USE REGULATIONS ARTICLE 5: USE REGULATIONS y wa Lir Zoning Ordinance J. Accessory Uses 1. Accessory Agricultural Buildings a. Definition: Accessory agricultural buildings means buildings used for agricultural purposes, including farming, dairying, horticulture, floriculture, animal and poultry husbandry. b. Additional Provisions: AG District: (1) Accessory agricultural buildings used for raising animals shall only be permitted on sites of 5 acres or more. (2) The area used for the production of animals shall be set back from the front, side and rear property line a minimum of 100 feet. (3) The area used for the production of large animals, including but not limited to pigs, cows, sheep, goats, and horses, shall be located at least one-half of a mile away from any residential zoning district, one-quarter of a mile from any commercial zoning district. SF-ED District: Accessory agricultural buildings used for raising animals shall only be permitted on sites of 5 acres or more. 2. Accessory Community Center, Private a. Definition:Accessory community center,private means an integral part of a residential project that is under the management and unified control of the operators of the project or development, and that is used by the residents of the project or development for a place of meeting, recreation, or social activity. b. Additional Provisions: All permitted districts: (1) A private community center shall not be operated as a place of public meeting or as a business. (2) This accessory use is not required to be located on the same lot as the main use. 3. Accessory Game Court, Private a. Definition: Accessory game court,private means a game court for engaging in tennis, handball, racquetball, or similar physical activities for the use of residents and their guests of a residential main use. b. Additional Provisions: All permitted districts: (1) This accessory use may occupy up to 50 percent of the area of the lot containing the main use. CI IN'OF W LW Zoning Ordinance (2) This accessory use is not required to be located on the same lot as the main use. (3) This accessory use may be required to provide parking if the adjacent properties would be adversely affected by on-street parking 4. Accessory Outside Display of Merchandise a. Definition: Accessory outside display of merchandise means the outside placement of merchandise for sale for a continuous period less than 48 hours. b. Additional Provisions: All permitted districts: Outside display shall meet the following standards: (1) Outside displays are permitted only in areas designated on the site plan filed with the City. (2) Outdoor display areas may not exceed five percent of the adjacent building floor area. (Building area is defined as the entirely enclosed portion of the primary building.) (3) Outdoor display may occupy up to thirty percent of a covered sidewalk that is located within twenty feet of the building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. (4) Any outside display areas not located on a covered sidewalk must be screened from view of adjacent roadways, public areas and adjacent properties. Such screening must: (a) Be a minimum of eight feet high or one foot taller than the materials being displayed, whichever is greater. (b) Include a minimum of twenty percent solid screening miltching-the-ti+atertal (c) The remainder may be solid evergreen planting,wrought iron,or dark vinyl- coated chain link or similar materials. (5) Any outside display areas not located on a covered sidewalk must be located immediately adjacent to or connected to the primary structure. (6) No outdoor display may be located in any portion of a parking lot. 5. Accessory Outside Sales a. Definition: Accessory outside sales means a site for the outside sale of merchandise. b. Additional Provisions: Accessory outside sales shall meet the following standards: (1) Accessory outside sales are permitted only in areas designated on the site plan filed with the City. (2) Outdoor sales areas may not exceed five percent of the adjacent building floor area. (Building area is defined as the entirely enclosed portion of the primary building.) ARTICLE 5: USE REGULATIONS CI IN'OF W LW Zoning Ordinance (3) Outdoor sales may occupy up to thirty percent of a covered sidewalk that is located within twenty feet of the building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. (4) Any outside sales areas not located on a covered sidewalk must be screened from view of adjacent roadways,public areas and adjacent properties. Such screening must: (a) Be a minimum of eight feet high or one foot taller than the materials being displayed, which ever is greater. (b) Include a minimum of twenty percent solid screening matching-the t °=ial- i-tl c-1 rim-y (c) The remainder may be solid evergreen planting,wrought iron,or dark vinyl- coated chain link or similar materials. (5) Any outside sales areas not located on a covered sidewalk must be located immediately adjacent to or connected to the primary structure. (6) No outdoor sales may be located in any portion of a parking lot. 6. Accessory Outside Storage a. Definition: Accessory outside storage means the outside placement of an item for a continuous period in excess of 48 hours. b. Additional Provisions: All permitted districts: (1) Outside storage shall not be permitted within required setbacks or buffer yards. (2) Accessory outside storage is not permitted on an unenclosed front porch of a residential building. (3) Except as otherwise provided in this ordinance, outside storage shall be limited to no more than five percent of the lot area containing the main use. (4) Outside storage areas not screened by an intervening building shall be screened from view from any public street by a screening device at least eight feet in height. In addition, outside storage areas shall be screened from view of any adjoining property by a screening device at least eight feet in height, except along adjacent property lines in the same zoning district. 7. Amateur Communication Tower a. Definition: Amateur communications tower means a tower with an antenna that transmits amateur radio, citizens band, or both spectrums, and that receives any portion of a radio spectrum. b. Additional Provisions: All permitted districts: ARTICLE 5: USE REGULATIONS CI IN'OF WY LW Zoning Ordinance (1) Only one amateur communication tower per site permitted. No more than 2 antennae may be mounted on an amateur communications tower. The antennae volume may not exceed 900 cubic feet for a single antenna and 1,400 cubic feet for 2 antennae. In this provision,antenna volume is the space within an imaginary rectangular prism that contains all extremities of the antenna. (2) No portion of the amateur communications tower or its antennae may encroach into the required front, side or rear yard, except the area under a guy wire and anchor point may project a maximum of 3 feet into the required side or rear yard if the guy wire and anchor point is attached to the top of a structural support that is not less than 6 feet in height. In this provision,a structural support for an anchor point is any pole,post, strut, or other fixture or framework necessary to hold and secure an anchor point. (3) The tower may not exceed 75 feet in height. (4) The tower shall be set back an additional 12 inches from the required front, side and rear yards for each additional 12 inches of height above the maximum height permitted in the district. 8. Caretakers Quarters, Domestic or Security Unit Definition: Caretakers Quarters, Domestic or Security Unit means an independent, self- contained dwelling unit located on the same lot as the principal use or structure and which provides residential accommodations for a property manager or security personnel. 9. Home Occupation a. Definition: Home occupation means an occupation that is incidental to the primary use of the premises as a residence and conducted on the residential premises by a resident of the premises. b. Additional Provisions: All permitted districts: (1) On-premise advertisements, signs or displays are prohibited. (2) The appearance of the structure shall not be altered, nor shall the occupation within the dwellings be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, or by signs, or the emission of sounds, noises, dust, odors, fumes, smoke, or vibrations. (3) There shall be no more than two(2)employees who do not reside on the premises. (4) Pedestrian and vehicular traffic will be limited to that normally associated with residential districts. (5) There shall be no outdoor storage of materials or equipment. There shall be no visible merchandise be visible from outside the dwelling. ARTICLE 5: USE REGULATIONS CI C'If OF W LW Zoning Ordinance (6) The use of utilities and community facilities shall be limited to that normally associated with the use of the property for residential purposes. (7) There shall be no use or storage of mechanical equipment not recognized as being part of normal household or hobby use. (8) A property owner may seek a variance to this ordinance in accordance with Article 8, Section 8.4 to the Zoning Board of Adjustment. (9) As defined by the Human Resource Code, Chapter 42 an"In-home Day Care" or a "Family home" that is certified, listed or registered with the State of Texas is exempt from this Ordinance, and governed by the rules and regulations of the State of Texas. 10. Private Stable a. Definition: Private stable means an area for the keeping of horses for the private use of the property owner. b. Additional Provisions: All permitted districts: (1) A private stable shall only be on a lot at least 2 acres in area. (2) One horse is permitted for every acre of land. (3) Private stables shall include a pen or corral containing at least 800 square feet for each animal with a stable under a roof containing at least 100 square feet for each animal. (4) A private stable shall have property drainage and other facilities so as not to create offensive odors, insect or rodent breeding, or other nuisances. (5) A pen, corral, fences, or similar enclosures shall have a minimum front setback of 50 feet and a minimum side and rear setback of 30 feet from the property line. In addition, they may not be located any closer than 100 feet to the dwelling on premises. 11. Swimming Pool, Private a. Definition: Swimming pool, private, means a swimming pool constructed for the exclusive use of residents of a residential use. b. Additional Provisions: All permitted districts: (1) Private swimming pools may not be operated as a business, except private swimming lessons may be given as a home occupation use. (2) Private swimming pools shall be surrounded by a fence constructed so as to prevent access by unauthorized people. (3) Private swimming pools shall not be located in the required front yard. ARTICLE 5: USE REGULATIONS y wa Lir Zoning Ordinance K. Temporary Uses 1. Christmas Tree Sales a. Definition: A Christmas tree sale means a temporary facility for the sale of Christmas trees and related seasonal decorations. b. Additional Provisions: (1) A temporary permit may be issued for a period of 60 days for this use. The Building Official may grant one 30 day extension of the temporary use permit if the use has fully complied with all applicable City ordinances and conditions of the temporary use permit. (2) Upon completion of the temporary use, the site shall be cleaned, all evidence of its use removed. (3) Off-street parking requirements for this use may be satisfied by using existing parking spaces for other uses located within 500 feet of the Christmas tree lot, or by providing temporary parking spaces that do not strictly comply with the City's off-street parking construction requirements. The operator of this use shall demonstrate to the satisfaction of the Building Official that temporary off-street parking space: (a) Adequately accommodate the parking needs of the use; and (b) Will not adversely affect surrounding uses. 2. Occasional Sale or Garage Sale a. Definition: Occasional sale or garage sale means the temporary and occasional sale of tangible personal property at retail by a person who is not in the business of selling tangible personal property for retail purposes. b. Additional Provisions: All permitted districts: (1) The sale of tangible personal property may only be sold by the owner or lessee of the premises where the sale is conducted. (2) The owner or lessee shall be responsible for the tangible personal property at the time of the sale. (3) A person shall not sell merchandise acquired solely for the purpose of resale at an occasional sale. (4) A person shall not conduct an occasional sale for duration of more than 3 consecutive calendar days. (5) A person shall not conduct more than 4 occasional sales on a premise during any 12 month period. (6) A person shall not place more than one sign,not to exceed 2 square feet,upon the lot where the sale is taking place. Any other signs remote from the property on ARTICLE 5: USE REGULATIONS y wa Lir Zoning Ordinance which the sale is taking place shall be located in compliance with the Sign Ordinance, as amended. 3. Seasonal Sales Stand a. Definition: Seasonal sales stand means a facility for the sale of agricultural products that are seasonal in nature. b. Additional Provisions: (1) No product may be placed for sale or display and no structures used for a temporary seasonal sales stand closer than 50 feet to the public right-of-way. (2) No temporary seasonal sales stand may have more than 3,500 square feet of floor area. (3) Upon completion of the temporary use, the site shall be cleaned, all evidence of its use removed. (4) Off-street parking requirements for this use may be satisfied by using existing parking spaces for other uses located within 500 feet of the Seasonal Sales Stand, or by providing temporary parking spaces that do not strictly comply with the City's off-street parking construction requirements. The operator of this use shall demonstrate to the satisfaction of the Building Official that temporary off-street parking space: (a) Adequately accommodate the parking needs of the use; and (b) Will not adversely affect surrounding uses. 4. Temporary Concrete or Asphalt Batch Plant a. Definition: Temporary concrete or Asphalt Batch Plant means a temporary facility or area for the mixing of concrete or asphalt. b. Additional Provisions: All permitted districts: (1) Concrete and asphalt mixed on site shall only be furnished to the specific project for which the temporary use permit was issued. (2) The Commission shall review requests for renewal of the peunit if the specific project requires an extension of time. (3) The temporary batch plant shall be located and operated in such a manner to eliminate unnecessary dust, noise and odor. (4) On-site fencing, screening, or buffering shall be provided so that adjacent properties are protected from hazards and negative impacts. (5) Any public improvement that is damaged during the operation of the temporary batch plant shall be repaired or replaced. (6) All equipment,materials, and debris shall be cleared off the site and the site shall be completely cleaned upon completion of the project. ARTICLE 5: USE REGULATIONS ARTICLE 5: USE REGULATIONS y wa Lir Zoning Ordinance (7) Parking for this use may be satisfied by providing temporary off-street parking spaces that do not strictly comply with the City's off-street parking construction requirements. The operator of this use shall demonstrate to the satisfaction of the Building Official that temporary off-street parking space: (a) Adequately accommodate the parking needs of the use; and (b) Will not adversely affect surrounding uses. 5. Temporary Construction Yard, or Construction or Sales Office a. Definition: Temporary construction yard, or construction or sales office means an area for the temporary storage of building materials and equipment necessary for the construction of a permanent use, and/or, a facility temporarily used as a construction or sales office. b. Additional Provisions: All required districts: (1) Limited to on-premise construction purposes associated with the properties within the same platted subdivision. (2) This use shall be discontinued after subdivision construction is 90 percent complete. (3) Parking for this use may be satisfied by providing temporary off-street parking spaces that do not strictly comply with the City's off-street parking construction requirements. The operator of this use shall demonstrate to the satisfaction of the Building Official that temporary off-street parking space: (a) Adequately accommodate the parking needs of the use; and (b) Will not adversely affect surrounding uses. 6. Temporary Crops a. Definition: Temporary crops mean an area used for the growing crops on a temporary basis while land is waiting for future development. b. Additional Provisions: All permitted districts: (1) This use shall not be operated on an area less than 2 acres. (2) Structures may be erected for barn, or shed for the protection of machinery on the premises. (3) A temporary use permit for crops is valid for a period of 3 years. The Commission may grant up to 2,one-year extensions,if conditions at the time of initial approval have not changed. (4) Upon completion of the temporary use, the site shall be cleaned, all evidence of its use removed. ARTICLE 5: USE REGULATIONS y wa Lir Zoning Ordinance 7. Temporary Grazing a. Definition: Temporary grazing means an area used for the grazing of animals on a temporary basis while land is waiting for future development. b. Additional Provisions: All permitted districts: (1) This use shall not be operated on an area less than 5 acres. (2) An application for a temporary use permit shall specify the number and type of animal that will be grazing. No temporary use permit shall be granted where the number and type of animals to be grazed is likely to result in overgrazing and/or significant environmental degradation of the site. (3) Structures may be erected for a stable,pen, barn, or shed for the protection of the animals on the premises. (4) Standings under roofed stables shall be made of a material that provides for other nuisances. (5) A temporary use permit for grazing is valid for a period of 3 years. The Commission may grant up to 2, one-year extensions, if conditions at the time of initial approval have not changed. (6) Upon completion of the temporary use, the site shall be cleaned, all evidence of its use removed. 8. Temporary Living Quarters a. Definition: Temporary living quarters means temporary facilities in the form of a manufactured home,used as living quarters during the construction of a residence upon a property not less than 1/2 acre in area. b. Additional Provisions: All permitted districts: A temporary use permit shall be valid for a 6 month period. An additional 6 months may be granted by the Building Official, provided the exterior walls and roof of the residence are completed. 9. Traveling Show, Carnival or Circus Definition: Traveling show, carnival or circus means a temporary traveling show or exhibition that has no permanent structure or installation. SECTION 5.3 ACCESSORY USES AND STRUCTURES An accessory use or structure that is customarily incidental to the principal use or structure, and is located on the same lot or tract of land, shall be permitted as an accessory use without being separately listed as a permitted use, unless otherwise stated in these regulations. Accessory uses y wa Lir Zoning Ordinance are subject to the same regulations as the principal use. Accessory buildings shall comply with the area requirements in Article 3 —Residential District Regulations. SECTION 5.4 SPECIAL USE PERMITS A. Purpose The Special Use Permit provides a means for developing certain uses in a manner in which the proposed use will be compatible with adjacent property and consistent with the character of the neighborhood. Special use permits are required where site specific impacts may exist that require additional review to ensure compatibility between uses. B. Special Use Permit Required The Use Regulations in Section 5.1 Land Use Charts state when a Special Use Permit is required for a use to be permitted in a zoning district. The Special Use Permit requirement for a use in a district does not constitute an authorization or an assurance that the use will be permitted. Each Special Use Permit shall be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate. C. Application An application for a Special Use Permit shall be submitted to the Planning Department and shall include the following: 1. A written description of the proposed use. 2. A plan showing the location of the proposed use on the site. 3. Any additional information required by the Director. D. Review by the Commission and the Council The Commission shall hold a public hearing and make a recommendation to the Council. The Council shall hold a public hearing and approve, approve with conditions, or deny the Special Use Permit based on the review criteria in "E", below. E. Review Criteria In granting a Special Use Permit, the Commission and the Council shall determine that the proposed use: 1. Complements or is compatible with the surrounding uses and community facilities; 2. Contributes to, enhances, or promotes the welfare of the area of request and adjacent properties; 3. Is not detrimental to the public health, safety, or general welfare; 4. Conforms in all other respects to all applicable zoning regulations and standards; and 5. Is in conformance with the Comprehensive Plan. F. Additional Conditions The Commission and Council may impose reasonable conditions upon the granting of a Special Use :Permit consistent with the Comprehensive Plan, other state development goals and ARTICLE 5: USE REGULATIONS y Wa Lir Zoning Ordinance objectives of the City, and the requirements of other City regulations. Such conditions may include, but are not limited to the location, arrangement, operation, duration, and type and manner of construction of any use for which a Special Use Permit is requested. G. Effect of Special Use Permit. 1. The granting of a Special Use Permit has no effect on the uses permitted by right and does not waive the regulations of the underlying zoning district. 2. A Special Use Permit runs with the land, a new owner is not required to reapply for a Special Use Permit unless a time limit that has been established runs out. H. Zoning Map When the Council authorizes granting of a Special Use Permit,the zoning map shall be amended according to its legend to indicate that the affected area has conditional and limited uses. The amendment is to indicate the appropriate zoning district for the approved use and shall be suffixed by an "S" designation. SECTION 5.5 TEMPORARY USES A. Purpose Temporary uses operating for less than 90 days within a one-year time period shall obtain a Temporary Use Peiiiiit from the Building Official. Temporary Use Permits outline conditions of operations to protect the public health, safety, and welfare. B. Temporary Use Defined Temporary uses shall include short-term or seasonal uses that would not be appropriate on a permanent basis. Temporary uses are identified in Section 5.1 Land Use Charts and 5.2 Listed Uses. In addition, the following uses and activities shall be considered temporary uses: 1. Fundraising Activities by Not-for-Profit Agencies. Fundraising or noncommercial events for nonprofit educational, community service or religious organizations where the public is invited to participate in the activities and which last longer than 48 hours. 2. Special and Seasonal Sales Events. Significant commercial activities lasting not longer than 90 days intended to sell, lease, rent or promote specific merchandise, services or product lines, including but not limited to warehouse sales, tent sales, trade shows, flea markets, farmer's markets, Christmas tree lot sales, product demonstrations or parking lot sales of food, art work or other goods. 3. Entertainment or Amusement Events. Short-teuii cultural and entertainment events including public or private events lasting not longer than 90 days intended primarily for entertainment or amusement, such as concerts, plays or other theatrical productions, circuses, fairs, carnivals or festivals. C. Application An application for a Temporary Use Permit shall be submitted to the Building Official at least 10 working days before the requested start date for a temporary use and shall include the following: ARTICLE 5: USE REGULATIONS y wa Lir Zoning Ordinance 1. A written description of the proposed use or event, the duration of the use or event, the hours of operation, anticipated attendance, and any building or structures, signs or attention-attracting devices used in conjunction with the event 2. A written description of how the temporary use complies with the review criteria in E, below. 3. A plan showing the location of proposed structures, including onsite restrooms and trash receptacles, parking areas, activities, signs and attention attracting devices in relation to existing buildings,parking areas, streets and property lines. 4. A letter from the property owner agreeing to the temporary use. 5. Any additional information required by the Director. D. Review and Action by the Director The Building Official shall make a determination whether to approve, approve with conditions, or deny the permit within 5 working days after the date of application. Any applicant denied a permit by the Building Official shall be notified in writing of the reasons for the denial and of the opportunity to appeal to the Commission. E. Review Criteria Temporary uses shall comply with the following requirements: 1. Land Use Compatibility. The temporary use must be compatible with the purpose and intent of this ordinance. The temporary use shall not impair the normal, safe and effective operation of a permanent use on the same site. The temporary use shall not endanger or be detrimental to the public health, safety or welfare, or injurious to property or improvements in the immediate vicinity of the temporary use, given the type of activity, its location on the site, and its relationship to parking and access points. 2. Compliance with Other Regulations. The temporary use shall conform in all respects to all other applicable City regulations and standards. 3. Restoration of Site. Upon cessation of the event or use, the site shall be returned to its previous condition, including the removal of all trash, debris, signage, attention attracting devices or other evidence of the special event or use. The applicant shall be responsible for ensuring the restoration of the site. 4. Hours of Operation and Duration. The hours of operation and duration of the temporary use shall be consistent with the intent of the event or use and compatible with the surrounding land uses and shall be established by the Building Official at the time of approval of the temporary use permit. 5. Traffic Circulation. The temporary use shall not cause undue traffic congestion given anticipated attendance and the capacity of adjacent streets, intersections and traffic controls. 6. Off-street Parking. Adequate off-street parking shall be provided for the temporary use, and it shall not create a parking shortage for any of the other existing uses on the site(s). 7. Public Conveniences and Litter Control. Adequate onsite rest room facilities and litter control may be required. The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed at no expense to the City. ARTICLE 5: USE REGULATIONS y Wa Lir Zoning Ordinance 8. Appearance and Nuisances.The temporary use shall be compatible in intensity,appearance and operation with surrounding land uses in the area, and it shall not impair the usefulness, enjoyment or value of adjacent property due to the generation of excessive noise, dust, smoke, glare, spillover lighting, or other forms of environmental or visual pollution. 9. Signs.The Building Official shall review all signage,although a sign petmimit is not required. The Building Official may approve the temporary use of attention attracting devices. F. Additional Conditions The Building Official may establish additional conditions to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including, but not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening or buffering, and guarantees for site restoration and cleanup following the temporary use. G. Appeals A denial of a temporary use permit may be appealed to the Commission within 10 days of the Building Official's action. The appeal shall be made in writing to the Building Official. SECTION 5.6 CLASSIFICATION OF NEW AND UNLISTED USES A. Unlisted Uses The uses permitted in this Chapter are classified on the basis of common operational characteristics and land use compatibility. Uses not specifically listed in this Chapter are prohibited. However, additional new and unlisted uses may be permitted by the Director if the use is similar to other uses listed in the same zoning district. B. Appeals An applicant, aggrieved by the decision of the Director, may file an appeal of the decision to the Board. The appeal shall be filed in writing in the Department of Planning within 10 days of the Director's action. Unless otherwise stated in the Board action, the determination of the Board with respect to the appeal shall constitute a peliiianent and consistent interpretative decision which the Director shall apply in all future instances. C. Conditions When considering requests for a new land use, the Director and Board shall consider the potential effects of the use on adjacent properties in terms of requirements for services, visual impact, traffic generation, the extent to which the use is consistent with other uses allowed in the district, and other issues they deem appropriate. D. Authorization of New Uses If a new use is authorized by the Board, a text amendment shall be sent immediately to the Commission and the Council. ARTICLE 5: USE REGULATIONS ARTICLE 5: USE REGULATIONS 7/26/2019 86(R)HB3167-Enrolledvemion-BM Text H.B. No. 3167 AN ACT relating to county and municipal approval procedure for land development applications. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1 . Section 212 .001, Local Government Code, is amended by amending Subdivision (2) and adding Subdivision (3) to read as follows: (2) "Plan" means a subdivision development plan, including a subdivision plan, subdivision construction plan, site plan, land development application, and site development plan. 13L "Plat" includes a preliminary plat, general plan, final plat, and replat. SECTION 2. Subchapter A, Chapter 212, Local Government Code, is amended by adding Section 212 .0085 to read as follows: Sec. 212 .0085. APPROVAL PROCEDURE: APPLICABILITY. The approval procedures under this subchapter apply to a municipality regardless of whether the municipality has entered into an interlocal agreement, including an interlocal agreement between a municipality and county under Section 242 .001 (d) , SECTION 3. The heading to Section 212.009, Local Government Code, is amended to read as follows: Sec. 212 .009. APPROVAL PROCEDURE: INITIAL APPROVAL. SECTION 4. Section 212.009, Local Government Code, is amended by amending Subsections (a) , (b) , (c) , and (d) and adding Subsections (b-1) and (b-2) to read as follows: (a) The municipal authority responsible for approving plats shall approve, approve with conditions, or disapprove [act on] a plan or plat within 30 days after the date the plan or plat is filed. A plan or plat is [con3idcrod] approved by the municipal authority unless it is disapproved within that period and in accordance with Section 212.0091. (b) If an ordinance requires that a plan or plat be approved by the governing body of the municipality in addition to the planning commission, the governing body shall approve, approve with conditions, or disapprove [act on] the plan or plat within 30 days after the date the plan or plat is approved by the planning commission or is [con3idcrod] approved by the inaction of the commission. A plan or plat is [con3idcrod] approved by the governing body unless it is disapproved within that period and in accordance with Section 212.0091. (b-1) Notwithstanding Subsection (a) or (bL, if a groundwater availability certification is required under Section 212 .0101, the 30-day period described by those subsections begins on the date the applicant submits the groundwater availability certification to the municipal authority responsible for approving, plats or the governing body of the municipality, as applicable. (b-2) Notwithstanding Subsection (a) or (bL, the parties may extend the 30-day period described by those subsections for a period not to exceed 30 days if: j1) the applicant requests the extension in writing to the municipal authority responsible for approving_plats or the governing body of the municipality, as applicable; and (2) the municipal authority or governing body, as applicable, approves the extension request. (c) If a plan or plat is approved, the municipal authority giving the approval shall endorse the plan or plat with a certificate indicating the approval. The certificate must be signed by: https://capitol.texas.gov/Search/DocVieweraspx?ID=86RHB031675B&QueryText="HB+3167"&DocType=B 1/6 7/26/2019 Text (1) the authority' s presiding officer and attested by the authority' s secretary; or (2) a majority of the members of the authority. (d) If the municipal authority responsible for approving plats fails to approve, approve with conditions, or disapprove [act eff] a plan or plat within the prescribed period, the authority on the applicant's request shall issue a certificate stating the date the plan or plat was filed and that the authority failed to act on the plan or plat within the period. The certificate is effective in place of the endorsement required by Subsection (c) . SECTION 5. Subchapter A, Chapter 212, Local Government Code, is amended by adding Sections 212 .0091, 212 .0093, 212 .0095, 212.0096, 212.0097, and 212.0099 to read as follows: Sec. 212.0091. APPROVAL PROCEDURE: CONDITIONAL APPROVAL OR DISAPPROVAL REQUIREMENTS. (a) A municipal authority or governing, body that conditionally approves or disapproves a plan or plat under this subchapter shall provide the applicant a written statement of the conditions for the conditional approval or reasons for disapproval that clearly articulates each specific condition for the conditional approval or reason for disapproval. (b) Each condition or reason specified in the written statement: _(1) must: JA) be directly related to the requirements under this subchapter; and _(B) include a citation to the law, including a statute or municipal ordinance, that is the basis for the conditional approval or disapproval, if applicable; and (2) may not be arbitrary. Sec. 212.0093. APPROVAL PROCEDURE: APPLICANT RESPONSE TO CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional approval or disapproval of a plan or plat under Section 212.0091, the applicant may submit to the municipal authority or governing body that conditionally approved or disapproved the plan or plat a written response that satisfies each condition for the conditional approval or remedies each reason for disapproval provided. The municipal authority or governing body may not establish a deadline for an applicant to submit the response. Sec. 212.0095. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL OF RESPONSE. (a) A municipal authority or governing body that receives a response under Section 212 .0093 shall determine whether to approve or disapprove the applicant' s previously conditionally approved or disapproved plan or plat not later than the 15th day after the date the response was submitted. (b) A municipal authority or governing body that conditionally approves or disapproves a plan or plat following the submission of a response under Section 212.0093: _(1) must comply with Section 212.0091; and _(2) may disapprove the plan or plat only for a specific condition or reason provided to the applicant under Section 212 .0091. (c) A municipal authority or governing body that receives a response under Section 212.0093 shall approve a previously conditionally approved or disapproved plan or plat if the response adequately addresses each condition of the conditional approval or each reason for the disapproval. (d) A previously conditionally approved or disapproved plan or plat is approved if: _(1) the applicant filed a response that meets the requirements of Subsection (cL; and J2) the municipal authority or governing body that received the response does not disapprove the plan or plat on or before the date required by Subsection (a) and in accordance with Section 212.0091. Sec. 212 .0096. APPROVAL PROCEDURE: ALTERNATIVE APPROVAL https://capitol.texas.gov/Search/DocVieweraspx?ID=86RHB031675B&QueryText="HB+3167"&DocType=B 2/6 7/26/2019 Text PROCESS. (a) Notwithstanding Sections 212 .009, 212 .0091, 212 .0093, and 212 .0095, an applicant may elect at any time to seek approval for a plan or plat under an alternative approval process adopted by a municipality if the process allows for a shorter approval period than the approval process described by Sections 212.009, 212.0091, 212.0093, and 212.0095. (b) An applicant that elects to seek approval under the alternative approval process described by Subsection (a) is not: (1) required to satisfy the requirements of Sections 212 .009, 212 .0091, 212 .0093, and 212.0095 before bringing an action challenging a disapproval of a plan or plat under this subchapter; and J2) prejudiced in any manner in bringing the action described by Subdivision (1L, including satisfying a requirement to exhaust any and all remedies. Sec. 212.0097 . APPROVAL PROCEDURE: WAIVER PROHIBITED. A municipal authority responsible for approving_plats or the governing body of a municipality may not request or require an applicant to waive a deadline or other approval procedure under this subchapter. Sec. 212 .0099. JUDICIAL REVIEW OF DISAPPROVAL. In a legal action challenging a disapproval of a plan or plat under this subchapter, the municipality has the burden of proving by clear and convincing evidence that the disapproval meets the requirements of this subchapter or any applicable case law. The court may not use a deferential standard. SECTION 6. Section 212 .014, Local Government Code, is amended to read as follows: Sec. 212.014. REPLATTING WITHOUT VACATING PRECEDING PLAT. A replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat if the replat: (1) is signed and acknowledged by only the owners of the property being replatted; (2) is approved[, aftcr a public hcaring on thc mattcr at which partics in intcrc3t and citizon3 havc an opportunity to bc hoard, ] by the municipal authority responsible for approving plats; and (3) does not attempt to amend or remove any covenants or restrictions. SECTION 7. Section 212 .015, Local Government Code, is amended by adding Subsections (a-1) , (f) , and (g) and amending Subsection (b) to read as follows: _(a-1) If a proposed replat described by Subsection (a) requires a variance or exception, a public hearing must be held by the municipal planning commission or the governing body of the municipality. (b) Notice of the hearing required under Subsection (a-l) [Scction 212.014] shall be given before the 15th day before the date of the hearing by: (1) publication in an official newspaper or a newspaper of general circulation in the county in which the municipality is located; and (2) by written notice, with a copy of Subsection (c) attached, forwarded by the municipal authority responsible for approving plats to the owners of lots that are in the original subdivision and that are within 200 feet of the lots to be replatted, as indicated on the most recently approved municipal tax roll or in the case of a subdivision within the extraterritorial jurisdiction, the most recently approved county tax roll of the property upon which the replat is requested. The written notice may be delivered by depositing the notice, properly addressed with postage prepaid, in a post office or postal depository within the boundaries of the municipality. _(f) If a proposed replat described by Subsection (a) does https://capitol.texas.gov/Search/DocVieweraspx?ID=86RHB031675B&QueryText="HB+3167"&DocType=B 3/6 7/26/2019 Text not require a variance or exception, the municipality shall, not later than the 15th day after the date the replat is approved, provide written notice by mail of the approval of the replat to each owner of a lot in the original subdivision that is within 200 feet of the lots to be replatted according to the most recent municipality or county tax roll. This subsection does not apply to a proposed replat if the municipal planning commission or the governing body of the municipality holds a public hearing and gives notice of the hearing in the manner provided by Subsection (b) . (g) The notice of a replat approval required by Subsection _(f) must include: _(1) the zoning designation of the property after the replat; and _(2) a telephone number and e-mail address an owner of a lot may use to contact the municipality about the replat. SECTION 8. Subchapter A, Chapter 232, Local Government Code, is amended by adding Section 232 .0023 to read as follows: Sec. 232.0023. APPROVAL PROCEDURE: APPLICABILITY. The plat application approval procedures under this subchapter apply to a county regardless of whether the county has entered into an interlocal agreement, including an interlocal agreement between a municipality and county under Section 242.001 (dL, SECTION 9. The heading to Section 232.0025, Local Government Code, is amended to read as follows: Sec. 232 .0025. APPROVAL PROCEDURE: TIMELY APPROVAL OF PLATS AND PLANS. SECTION 10. Section 232 .0025, Local Government Code, is amended by amending Subsections (d) , (f) , (g) , (h) , and (i) , and adding Subsection (d-1) to read as follows: (d) Except as provided by Subsection (f) , the commissioners court or the court' s designee shall approve, approve with conditions, or disapprove [takc final action on] a plat application[, including thc rc3olution of all appcal3, ] not later than the 30th [60th] day after the date the [73-] completed [15-1-a ] application is received by the commissioners court or the court' s designee. An application is approved by the commissioners court or the court's designee unless the application is disapproved within that period and in accordance with Section 232.0026. _( ) Notwithstanding Subsection (d)_, if a groundwater availability certification is required under Section 232.0032, the 30-day period described by that subsection begins on the date the applicant submits the groundwater availability certification to the commissioners court or the court's designee, as applicable. (f) The 30-day [CO day] period under Subsection (d) : (1) may be extended for a [rca3onablc] period not to exceed 30 days, if: _(A) requested and agreed to in writing by the applicant and approved by the commissioners court or the court' s designee; or _(BL [ (2) may bc extended 60 additional day, if] Chapter 2007, Government Code, requires the county to perform a takings impact assessment in connection with the [ft] plat application; and J2)_ [ (3) ] applies only to a decision wholly within the control of the commissioners court or the court' s designee. (g) The commissioners court or the court's designee shall make the determination under Subsection Jf)__(1)_ [ (f) (2) ] of whether the 30-day [60 day] period will be extended not later than the 20th day after the date a completed plat application is received by the commissioners court or the court' s designee. (h) The commissioners court or the court' s designee may not require [compcl] an applicant to waive the time limits or approval procedure contained in this subchapter [3cction] . (i) If the commissioners court or the court' s designee fails to approve, approve with conditions, or disapprove a plat https://capitol.texas.gov/Search/DocVieweraspx?ID=86RHB031675B&QueryText="HB+3167"&DocType=B 4/6 7/26/2019 Text application [t-a-Ite—f---i-n-a--l—a-e-t--i-e-n—o-n—t--1-re—p ] as required by this subchapter [Sub,cction (d) ] : (1) the commissioners court shall refund the greater of the unexpended portion of any [plat] application fee or deposit or 50 percent of an [a plat] application fee or deposit that has been paid; (2) the [plot] application is granted by operation of law; and (3) the applicant may apply to a district court in the county where the tract of land is located for a writ of mandamus to compel the commissioners court to issue documents recognizing the plat application's [plat' 3] approval. SECTION 11. Subchapter A, Chapter 232, Local Government Code, is amended by adding Sections 232.0026, 232.0027, 232.0028, 232.00285, and 232.0029 to read as follows: Sec. 232.0026. APPROVAL PROCEDURE: CONDITIONAL APPROVAL OR DISAPPROVAL REQUIREMENTS. (a) A commissioners court or designee that conditionally approves or disapproves of a plat application under this subchapter shall provide the applicant a written statement of the conditions for the conditional approval or the reasons for disapproval that clearly articulates each specific condition for the conditional approval or reason for disapproval. (b) Each condition or reason specified in the written statement: J1) must: JA) be directly related to the requirements of this subchapter; and (B) include a citation to the law, including a statute or order, that is the basis for the conditional approval or disapproval, if applicable; and (2) may not be arbitrary. Sec. 232.0027 . APPROVAL PROCEDURE: APPLICANT RESPONSE TO CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional approval or disapproval of a plat application under Section 232.0026, the applicant may submit to the commissioners court or designee that conditionally approved or disapproved the application a written response that satisfies each condition for the conditional approval or remedies each reason for disapproval provided. The commissioners court or designee may not establish a deadline for an applicant to submit the response. Sec. 232 .0028. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL OF RESPONSE. (a) A commissioners court or designee that receives a response under Section 232.0027 shall determine whether to approve or disapprove the applicant' s previously conditionally approved or disapproved plat application not later than the 15th day after the date the response was submitted under Section 232.0027 . (b) A commissioners court or designee that conditionally approves or disapproves a plat application following the submission of a response under Section 232 .0027 : J1) must comply with Section 232 .0026; and (2) may disapprove the application only for a specific condition or reason provided to the applicant for the original application under Section 232.0026. (c) A commissioners court or designee that receives a response under Section 232.0027 shall approve a previously conditionally approved or disapproved plat application if the applicant's response adequately addresses each condition for the conditional approval or each reason for the disapproval. (d) A previously conditionally approved or disapproved plat application is approved if: J1) the applicant filed a response that meets the requirements of Subsection (c)_; and J2) the commissioners court or designee that received the response does not disapprove the application on or before the date required by Subsection (a) and in accordance with Section https://capitol.texas.gov/Search/DocVieweraspx?ID=86RHB031675B&QueryText="HB+3167"&DocType=B 5/6 7/26/2019 Text 232 .0026. Sec. 232.00285. DEVELOPMENT PLAN REVIEW. (a) In this section, "development plan" includes a preliminary plat, preliminary subdivision plan, subdivision construction plan, site plan, general plan, land development application, or site development plan. _(b) Unless explicitly authorized by another law of this state, a county may not require a person to submit a development plan during the plat approval process required by this subchapter. If a county is authorized under another law of this state to require approval of a development plan, the county must comply with the approval procedures under this subchapter during the approval process. Sec. 232 .0029. JUDICIAL REVIEW OF DISAPPROVAL. In a legal action challenging a disapproval of a plat application under this subchapter, the county has the burden of proving by clear and convincing evidence that the disapproval meets the requirements of this subchapter or any applicable case law. The court may not use a deferential standard. SECTION 12. Section 232 .0025 (e) , Local Government Code, is repealed. SECTION 13. The change in law made by this Act applies only to a plat application filed on or after the effective date of this Act. A development or plan application filed before the effective date of this Act is governed by the law in effect immediately before the effective date of this Act, and that law is continued in effect for that purpose. SECTION 14 . This Act takes effect September 1, 2019. President of the Senate Speaker of the House I certify that H.B. No. 3167 was passed by the House on May 2, 2019, by the following vote: Yeas 119, Nays 18, 1 present, not voting. Chief Clerk of the House I certify that H.B. No. 3167 was passed by the Senate on May 21, 2019, by the following vote: Yeas 27, Nays 3, 1 present, not voting Secretary of the Senate APPROVED: Date Governor https://capitol.texas.gov/Search/DocVieweraspx?ID=86RHB031675B&QueryText="HB+3167"&DocType=B 6/6 CITY OF WYLIE ZONING ORDINANCE ARTICLE 8 DEVELOPMENT REVIEW PROCEDURES SECTION 8.1 ZONING-RELATED APPLICATIONS A. General 1. Submission - • of an Application a. Pre-application Conference (1) An applicant for a change in zoning is encouraged required to request a pre- application conference with the City PlannerDirector prior to formal application. (2) At the pre-application conference, the applicant shalkhould present a draft concept plan with as much detail as possible. (3) Based on the information presented, the City Planner will provide initial comments concerning the merits of the proposed development and inform the applicant of any additional requirements for preparation of the formal zoning application. b. Application Requirements.No application shall be reviewed which is not complete and accompanied by the payment of fees as established in this Code or other ordinances of the City of Wylie. All applications shall be filed with the City on forms available from the City of Wylie. c. ompleted-appticatt 0 RS lot re/oiling s1H-11-be subimite€1-at [east weck-s p IkW 4Fe—t Gthilp-1-0-ed d t-ions--14-41tt‘-plan--and developm-en-t-pl an - Fo-val—s1 -be tbu+-wek.wk-s pri-er-to the sehed d heft Li-i-e. • • ac. A Ssubmittal Sschcdule is available posted on the City of Wylie \A,ebsite planning calendar and in the Planning offices. All subriuntals sltall only be accepted on those dates listed. db,Preparation. All plans submitted pursuant to this Zoning Ordinance shall be prepared by a registered architect, engineer, landscape architect, or certified city planner. bee. DocumentsQuantity Required. The applicant shall submit the following quantities of submittalsdocuments in support of an application in order to provide for adequate review of the application: (1) Physical and/or electronic copies of all conce t site and landscape plans, elevations and other drawings that form the submittal, in a format determined by the City Planner which shall be listed on the submittal application requirements. • (2) One copy of a completed the Application form • , a pre-development letter, and a legal description of all tracts involved in the application. CITY OF\ t:F ZONING ORDINANCE (3) If needed, Qpne copy of the Development Schedule, Preliminary Service plan, Draft Development Agreement and any other supporting material as may be required. 23. Posting property for zoning changes. Any person, firm or corporation requesting a change in zoning from one district classification to another district classification shall be required to place and maintain a sign or signs, provided by the Planning Department, upon the property for which a change in zoning has been requested, which sign or signs shall be located as follows: a. One sign for the first three hundred(300) feet of each street frontage and one sign for each additional one thousand (1,000) feet of street frontage, shall be located within thirty (30) feet of the abutting street, or as determined by the City Planner e-ter o the Planning Department or his/her designee. b. So as to be clearly visible and readable from the public right-of-way and not obstructed in any manner. c. So as not to create a hazard to traffic on the public rights-of-way abutting the property. d. On the subject property at least fifteen (15) days prior to the hearing of such zoning request by the Planning and Zoning Commission, and to remain continuously on said property until final action by the City Council or withdrawal of the case by the applicant.Removal of the sign by the applicant after a recommendation by the Planning and Zoning Commission shall constitute a withdrawal of the request. e. The signs, caused to be placed by the Planning Department shall be of a size,type, and message content as determined by the City Planner Director of the Planning Department but shall advise the rezoning is requested and shall list the telephone number of the Department of Planning for more information. f. Upon making an application for a zoning change, the Applicant will place sign(s) provided by the Planning Department as required by this section. After the zoning change is approved in final foiui by the City Council, denied by the City Council, or withdrawn by the applicant, the Applicant shall return the sign to the Planning Department within ten(10) days of such event. g. It shall be unlawful for anyone to remove, destroy, deface or obstruct the view of a sign which gives notice that a rezoning has been requested. h. In the event the applicant shall fail to place or maintain signs in accordance with Section 8.1.A.3, then the public hearing(s)before either the Planning and Zoning Commission or the City Council, shall be postponed to a date in the future which would allow time for compliance. i. The erection of any sign required by this section shall not require a permit under the city sign ordinance. j. The owner or applicant shall promptly notify the Planning Department to replace any sign required by this ordinance which becomes stolen or vandalized and a police report must be filed. The City Planner Planning shall have the power to decide whether or not there has been substantial compliance with the posting requirements in the case of stolen or vandalized signs. ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES CITY OF\ t:F ZONING ORDINANCE k. Failure to return the sign in accordance with this Ordinance shall result in a fee of $100.00 charged to the applicant. No building permit or certificate of occupancy will be issued until all fees have been satisfied. A e zai- # - :o4lccp4 pin:-hall beedequidedi+ l f Ct+04 %t44--alr -r= t--€= zeddig ddless tt ° -- o a quell_is....at-theekdd° td- fte -e _ity. _ a q e atw e p ay e-4141- beeid n p atMmfty..w , ; approved e al.conee- t.piam C. Required Concept Plan 1. Applicability a. Concept plans shall comprise part of the zoning on the site, and changes to concept plans shall constitute a change in zoning. b. If, in the opinion of the City PlannerDirector, a site plan does not conform to the concept plan approved by the City, the applicant shall either seek approval of a revised concept plan(through re-zoning) or submit a revised site plan. 2. Purpose The purpose of a concept plan is to provide the City with the information and data that is necessary to assess the merits of the development,to properly plan for services in the City, and to ensure that developments are consistent with the comprehensive plan, thoroughfare plan and open space plan. 3. Concept Plan Content a. General. All plans must include date, appropriate engineering scale, north arrow, vicinity map, and the names, addresses and telephone numbers of both the property owner and the individuals preparing the plans. b. Site Features. The site analysis shall be prepared which describes existing natural features such as contours at not less than 2 foot intervals, trees over 6"in caliper, drainage ways and other water features and physical improvements by including the following items: • (1) A metes and bounds description of the overall tract. (2) Conceptual representation of proposed use(s) and generalized representation of proposed improvements. (3) Identification of all areas to be dedicated to the City or to have public easements, such as roadways, utilities, open space and drainage areas. (4) General indication of how the proposed development will be able to achieve the desirable requirements for applicable design standards required in this ordinance. (5) Location of all proposed screening between the site and adjacent property. (6) Indication of each phase of development if separate phases are proposed. (7) The location of collector roadways proposed in the development,right-of-way widths, and the location of collector access points to abutting streets and highways. 4. Other Materials Other material that may be submitted in support of the application: ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES CITY OF\ t:F ZONING ORDINANCE a. Draft development agreement and any covenants, conditions, restrictions and agreements which govern the construction, use, maintenance and operation of roadways,parks, open space, drainage areas and facilities. b. A preliminary geo-technical report that addresses soil, subsurface and slope conditions that may affect development. c. Traffic study showing the project's impact on roadway and intersection capacity. d. A development schedule indicating the appropriate date on which construction is expected to begin and the rate of anticipated development to completion. The development schedule, if adopted and approved by the Commission, shall become part of the development plan and shall be adhered to by the owner, developer, and his successors in interest. D. Required Site Plan 1. Applicability a. Site plans are required for all developments except single family lots. The subdivision plat for single family development will be considered the site plan. Site plans shall be accompanied by a proposed development schedule. No development may occur, or building permit be approved on a site which does not conform to the approved site plan. b. Site plans shall be approved by the Commission, and shall be considered part of the development requirements for that site. A change to the site plan shall be considered a change in zoning in a planned development district. 2. Purpose The purpose of a site plan is to ensure that all provisions of the zoning ordinance of the City are adhered to; that sensitive environmental issues such as slopes and vegetation are accommodated; and that services and facilities necessary to support the proposed development will be available on an appropriate time schedule. 3. General a. No construction or development within a district that requires a site plan may commence, and no building permit may be issued unless the Commission has approved a site plan. b. Where a concept plan has been approved as part of the zoning, all site plans must be in conformity with that approved concept plan. c. No public notification is required for consideration of a site plan, or amendment, beyond posting as an agenda item for the Commission. This provision does not apply to PD site plans, which must be notified. d. Site plans are required to demonstrate the manner in which the development will achieve the desirable requirements for design standards required in this ordinance. The review of the design standards required in this ordinance is subject to the following: (1) The manner in which the plan achieves the desirables are at the discretion of the developer. (2) The Staff and Commission may suggest alternative ways to achieve the required desirables,but may not deny a site plan solely on the basis of how the desirables are achieved. ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES CITY OF WYLIE ZONING ORDINANCE (3) The Staff and Commission shall determine that the required desirables have been achieved with the site plan. 4. Site Plan Content a. Size. Required site plans shall be prepared on a standard sheet size not to exceed 24"x prepared by registered engineer, architect or landscape architect. In the event a single composite. b. General Information Required (1) North Arrow; (2) Total site acreage; (3) Submission date; (4) Scale(written and graphic); (5) Vicinity map; (6) Names, addresses and telephone numbers of designer, engineer, developer and owner; (7) Accurate survey of the boundaries of the site with the location of proposed land uses; (8) Adjacent subdivision names and property lines; and (9) Adjacent land uses and structures. c. Structures (1) Location,dimensions and use of all existing facilities and proposed building sites; (2) Setback and separation distances between building sites; (3) Proposed construction type and facade materials for all non-residential buildings (the Commission may require elevations and perspective drawings); (4) Proposed density of each use; (5) Proposed location of screening along the collector roadways shown on the thoroughfare plan. d. Streets and Sidewalks (1) Location and width of all rights-of-way and easements; (2) Location and dimensions of all pavement and curbing; (3) Location and width of all sidewalks; (4) Location and width of all ingress/egress points; (5) Location and width of all medians and median breaks; and (6) Location of any special traffic regulation facilities. ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES CITY OF WYLIE ZONING ORDINANCE e. Off-Street Parking and Loading Areas (1) Number, location and dimension of spaces; (2) Type of surface material of parking facility; (3) Dimension of aisles, driveways, maneuvering areas and curb return radii; (4) Distance between spaces and adjacent rights-of-way; (5) Location of all existing and proposed fire lanes and hydrants; and (6) Proposed lighting plan. f. Landscaping (1) Location and size of major tree groupings and existing hardwood trees greater than 6" caliper, noting whether they are to be removed or retained; (2) Location and size of proposed plant materials, including paving; (3) Number and type of each landscape element; (4) Height and type of all fencing or buffering; (5) Height of all planters, sculptures and decorative screens; (6) Location and type of trash receptacle screening; (7) Location and type of lighting for streets, signage and parking areas; and (8) Location of visibility triangles where required. g. Geo-technical (1) Geo-technical report on soils, subsurface and drainage that demonstrates conformity with the City's objectives; (2) Direction of water flow; (3) Quantity of on and off-site water generation; (4) Topographic contours at a minimum of 5 foot intervals; (5) Points of concentrated water discharge; and (6) Areas where special design and construction may be necessary due to slope or soil conditions. h. Preliminary Service Plan (1) A preliminary drainage plan of the area showing the size and location of each existing and proposed drainage way and retention or detention area. (2) The proposed method of providing water and sewer utilities. i. Tabulation of Desirables Requirements for Design Review (1) Each site plan submission shall present, in tabular form, the manner in which the applicant feels that the site plan meets required desirables for Design Standards specified in this ordinance. (2) Tabulations shall cross reference drawings or details on drawings to facilitate review. (3) The City Planner, or his/her designee, will review and certify that the required desirables have been achieved. 5. Site Plan Review and Approval ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES CtT'y? rF WvtF ZONING ORDINANCE a. Review of Site Plans (1) Site plans shall be reviewed by the Commission. Based upon its review, the Commission may approve, conditionally approve, request modifications or deny approval of the site plan based on evaluation of the site plan details with respect to criteria in this subsection. (2) In cases where site plan approval included provisions which must be approved by the Council, Commission approval of the site plan shall be referred to the Council for this action. (3) Site plans that meet the required desirables for design review may not be denied on the bases of how they were achieved. The Commission may explore with the applicant the rationale for the manner in which the desirables were achieved and may discuss alterations the applicant would be willing to make that would improve the projects accomplishment of City goals and objectives. b. Appa°al erf----9'la n-f ; ( o nn-Tn.!+ion V-e,4s-i)n Any denial must be followed with a statement o reasons for.,.,.denial eiting Tecitic sections (Wall ordinances or 7Lcodes. • applicant developer submits a revised plan addressing the reasons. the site plan plan/plat must be iipproyed by the Commission or Council within 15 day or receipt Lcupt enfae visjonS,_or • Municipal authorityCouncil can deny staating aany conditions not yet met, the applicant in writing with the Planning Department not more than seven days after the date of the action taken by the Commission. (2) The appeal shall state all reasons for dissatisfaction with the action of the Commission: (3) A three fourths majority vote by the Council is required to approve, conditionally approve, or modify the site plan, otherwise the decision of the Commission stands. c. Review Criteria Site plans may have additional stipulations placed on them by the Commission,under the appeal process. In approving or denying a site plan under this Article, the following criteria shall be considered: (1) The extent to which the site plan fulfills the goals, objectives and standards in the City's Comprehensive Plan, Thoroughfare Plan, and other City policies and ordinances. (2) The fact that the site plan achieves the desirables to satisfy design standards required in this ordinance. (3) Safety of the motoring and pedestrian public using the facility and area surrounding the site. (4) Safety from fire hazards and measures of fire control. (5) Protection from flooding and water damage. (6) Noise and lighting glare effects on adjacent neighbors. CITY OF\ tF ZONING ORDINANCE (7) Relations of signs to traffic control and their affect on adjacent properties. (8) Adequacy of streets to accommodate the traffic generation of the proposed development. (9) Adequacy of off-street parking and loading facilities for the uses specified. (10) Landscaping and screening provisions appropriately designed. (11) Sitting structures and other improvements relative to required setbacks, height limitations, and other density and dimensional requirements. (12) The environmental impact of the proposed development on the natural resources on site and on surrounding properties and neighborhoods. (13) Such other measures as might secure and protect the public health, safety, morals and general welfare. d. Effect of Site Plan Approval (1) If development of a lot with an approved site plan has not commenced within two years (in accordance LGC 245.005) of the date of final approval of the site plan, the site plan shall be deemed to have expired, and a review and re-approval of the approved site plan by the Commission shall be required before a building pet tnit may be issued. (2) Extensions of the approval of the site plan may be granted by the Commission for a six month period, if: (a) There has been no related change in the City's development requirements since the last approval. (b) There has been no change in the area surrounding the site since the last approval. and, (c) There is no change in the site plan as originally approved. (3) There is no limit to the number of extensions a property owner may request. (4) If any of the above conditions are not met, the site plan shall require review and re-approval. (5) The review and approval shall be undertaken under the same procedures as a new submission and shall take into account all changes to applicable ordinances and other conditions which have occurred subsequent to the prior approval of the site plan. E. Processing Amendments to Approved Applications 1. Amendments to all applications and approvals shall be processed in the same manner as the original application. However, the applicant shall submit a summary of all elements that are proposed to be changed along with the revised plans and application. 2. Notwithstanding the above, the Director may approve minor modifications in an approved site plan or PD site plan administratively,provided that they do not: a. Alter the basic relationship of proposed development to adjacent property; b. Change the uses permitted; c. Increase the maximum density, floor area, or height; d. Decrease the amount of off-street parking,unless parking remains sufficient in number and conforms to ordinance requirements; ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES CITY OF WYLIE ZONING ORDINANCE e. Reduce the minimum yards or setbacks; or f. Detrimentally change or alter the characteristics of the elevational drawings or site plan as approved,but rather allow for some flexibility in minor modification to same. SECTION 8.2 CREATION OF BUILDING SITE Prerequisite for Issuance of a Building Permit. No permit for the construction of a building or buildings upon any tract shall be issued until a building site,building tract, or building lot has been created by compliance with the following conditions: A. The lot or tract is a part of a plat of record properly approved by the Commission, and filed in the plat records of the appropriate county of record; except where the tract or lot faces upon a dedicated street and was separately owned, prior to February 25, 2003 or prior to annexation (whichever is applicable), and in such excepted event the exception shall apply only for one main building which shall otherwise comply with the requirements of the Wylie Zoning Ordinance, on a onetime basis; and B. The lot or tract has complied with the requirements for site plans, as set forth in the Ordinance, to the extent applicable; and C. The lot or tract is accessed by a public street or public drive. SECTION 8.3 PLATTING PROPERTY NOT PERMANENTLY ZONED A. The Commission 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 has been permanently zoned by the City. B. The Commission shall not approve any plat or any 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 Council unless and until such annexation has been approved by resolution of the Council. All annexed land areas shall be zoned Agricultural/30 (AG/30) upon coming into the City. SECTION 8.4 ZONING BOARD OF ADJUSTMENT A. Organization and Procedure 1. Establishment. The Zoning Board of Adjustment is established in accordance with the provisions of The Local Government Code § 211.008, regarding the zoning of cities and with the powers and duties as provided in those statutes. The purpose of the Board is to review and act on, in public hearings, requests for variances and special exceptions to the terms of this Zoning Ordinance that are consistent with the general purposes and intent of the Ordinance. 2. Membership. The Board shall consist of five citizens each to be appointed or reappointed by the Mayor and confirmed by the Council, for staggered terms of two years respectively. Each member of the Board shall be removable for just cause by Council upon written charges and after public hearings.Vacancies shall be filled by the Council for the unexpired term of any member whose term becomes vacant. The Board shall elect its own chairperson,who shall serve for a period of two years or until his or her successor is elected. The Council may appoint four 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 ARTICLE 8: DEVELO MENT REVIEW PROCEDURES ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES CITY OF WYLIE ZONING ORDINANCE regular members and any vacancies shall be filled in the same manner, and they 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 or the fact that a member is absent or fails to vote. 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 rules and regulations to the Director, all of which rules and regulations shall operate uniformly in all cases.All of its resolutions and orders shall be in accordance with the rules and regulations.All proceedings of the Board shall be public record, and all meetings shall be open to the public. 4. Meetings. Meetings 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 members of the Board. B. Initiation 1. The Board may initiate a public hearing on issues within the Board's jurisdiction. A Board initiated public hearing shall comply with the procedures in this section. 2. Any aggrieved person, or an officer, or department of the City may appeal a denial of a building peliilit; or an interpretation, exception, or variance request from the development code to the Board,unless a different appeal process is specifically provided in this chapter. a. An appeal to the Board shall be made within 10 days after denial of a building permit or written notice of an interpretation of the development code. b. The applicant shall file with the Director a written notice of appeal on a folin approved by the Board. c. The Director shall prepare the record of City action that is being appealed for consideration by the Board. 3. Any aggrieved person, or an officer, or department of the City may apply for a variance from a provision of the development code to the Board,unless a different variance process is specifically provided in this Article. C. Authority of the Board 1. Subpoena Witnesses. The Board shall have the power to subpoena witnesses, administer oaths and punish for contempt, and may require the production of documents, under regulations as it may establish. 2. Appeals Based on Error. The Board shall have the power to hear and decide appeals where it is alleged there is an error of law in any order, requirement, decision or deteliiiination made by an administrative official in the enforcement of this ordinance. 3. Variances. Authorize in specific cases a variance from any term of a zoning ordinance if the variance is not contrary to the public interest and, due to special conditions of the site, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is done. 4. Other Areas of Authority. The Board may: CITY OF WYLIE ZONING ORDINANCE a. Permit the erection and use of a building or the use of premises for railroads if the uses are in general conformance with the master plan and present no conflict or nuisance to adjacent properties. b. Permit a public utility or public service or structure in any district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which the 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. 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 nonconforming building which has been damaged by explosion, fire, act of God, or the public enemy, under the provisions contained in Article 9,Nonconforming Uses and Structures. 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 with merely granting an advantage or a convenience. D. Appeal Procedures 1. Record. The office or department from which the appeal is taken shall transmit to the Board 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 unless the Director certifies to the Board that,by reason of facts in the certificate, a stay would, in his or her 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 or by a court of record, 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 matters referred to it, shall give public notice of the hearing, and shall mail notices of the hearing to the petitioner and to the owners of property lying within 200 feet of any point of the lot or portion of the lot on which a variation is desired, and to all other persons deemed by the Board to be affected by the appeal. The owners and persons shall be determined according to the current tax rolls of the City. Depositing of the written notice in the mail shall be deemed sufficient compliance to the notification requirements. 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 deteliiiination as in its opinion ought to be made to the premises and, to that end, shall have all powers of the officer or department from whom the appeal is taken. 5. Concurring Vote. The concurring vote of 75 percent of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of any ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES ARTICLE 8: DEVELOPPMENT REVIEW PROCEDURES CITY OF\ t:F ZONING ORDINANCE administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance or to affect any variance in the ordinance. 6. Standards Used in Hearing an Appeal a. The Board in hearing an appeal from an interpretation of the development code shall consider: (1) The technical meaning of the provision being appealed; (2) Evidence of the manner in which the provision has been interpreted in the past; (3) The positive or negative impact of the requested appeal on the achievement of stated City development goals and objectives; and (4) The intent of the provision in implementing the Comprehensive Plan. b. In approving a requested interpretation of the development code, the Board shall provide a written record of its findings and the Staff shall use it to propose amendments that address future interpretation problems. E. Variance Procedures 1. Pending Action.An application or request for a variance shall not be heard or granted with regard to any parcel of property or portion of property 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 of property,has not been finally acted upon by both the Commission and the Council. The administrative procedures and requirements of this ordinance, with regard to Commission consideration and action, on concept plans, detail site plans, preliminary plats and final plats, must be exhausted prior to requesting a variance from the terms of this ordinance. 2. Variances Based on Hardship. The Board shall have the power to authorize upon appeal in specific cases a 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 the 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 or her unusual and practical difficulties or particular hardship, such variances from the strict application of the terms of this ordinance as are in hat with its general purpose and intent, but only when the Board is satisfied that a granting of the 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. 3. Submittal Requirements.A written application for variance shall be submitted with a fee, accompanied by an accurate legal description,maps,site plans,drawings and any necessary data, demonstrating: ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES CITY OF\ t:F ZONING ORDINANCE 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 teliiis of this ordinance. c. That the special conditions and circumstances do not result from the actions of the applicant. 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. 4. Standards Used in Hearing a Variance Request a. The Board shall not grant a variance to the development code which: (1) Permits a land use not allowed in the zoning district in which the property is located; or (2) Is in the public right-of-way or on public property; or (3) Alters any definition of the development code; or (4) Is other than the minimum variance that will afford relief with the least modification possible to the requirements of the development code; or (5) Is based on physical conditions or circumstances of the property so general or recurring in nature as to reasonably make practicable the formulation of a general regulation to be adopted as an amendment to the development code; or (6) Is based exclusively on findings of personal or financial hardship. b. In order to grant a variance to the development code the Board shall find that all the following have been satisfied: (1) That there are unique physical circumstances or conditions of the lot, or other exceptional physical condition particular to the affected property; (2) That because of these unique physical circumstances or conditions, the property cannot be reasonably developed or used in compliance with the provisions of the development code; (3) That due to such unique physical circumstances or conditions, the strict application of the development code would create a demonstrated hardship; (4) That the demonstrable hardship is not self-imposed; (5) That the variance if granted will not adversely affect the proposed development or use of adjacent property or neighborhood; (6) That the variance, if granted will not change the character of the zoning district in which the property is located; (7) That the variance,if granted is in keeping with the intent of the development code; and (8) That the variance,if granted will not adversely affect the health, safety or welfare of the citizens of Wylie. ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES CITY OF\ tF ZONING ORDINANCE c. Convenience, profit or caprice shall not constitute undue hardship. d. This section shall not apply to variances related to signs and advertising devices. e. The Board may impose any reasonable conditions on the issuance of a variance and may amend the variance from that requested. f. No nonconforming 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. g. The Board shall have no authority to change any provisions of this ordinance and its jurisdiction is limited to the scope of authority indicated in this Article. The Board may not change the district designation of any land. F. Public Notice 1. The Board shall hold a public hearing on all applications and appeals. 2. Notice of the public hearing shall be provided by: a. Publication in a newspaper of general circulation in the community at least 10 days prior to the public hearing; and b. In the case of variances to the development code, giving proper notice to property owners within 200 feet of the property requesting the variance. G. Board Action 1. The applicant or the appellant has the burden of proof to establish the necessary facts to warrant favorable action of the Board. 2. The Board shall have all the powers of the Director, Building Official, or applicable City official on the action appealed from. The Board may in whole or in part affirm, reverse, or amend the decisions of the Director, Building Official, or applicable City official. 3. The Board may impose reasonable conditions in its order to be complied with by the appellant in order to further the purposes and intent of this chapter. 4. No single decision of the Board sets a precedent. The decision of the Board shall be made on the particular facts of each case. 5. The appellant shall act on an approved variance or interpretation within 90 days from the date of the favorable action of the Board or an extended period specifically granted by the Board at the time of the hearing. If the appellant fails to act within the time period, the action of the Board is void and the appellant shall begin the appeal process or variance process anew. H. Appeals to Board Action Appeals to decisions of the Board shall be made to a district court. SECTION 8.5 CERTIFICATES OF OCCUPANCY AND COMPLIANCE A. Certificate of Occupancy Required No use, or change of use, shall take place until a Certificate of Occupancy has been issued by the Building Official. Certificates of Occupancy shall be required for any of the following: 1. Occupancy and use of a building erected or structurally altered. ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES CITY OF WYLIE ZONING ORDINANCE 2. Change in use of an existing building to a use of a different classification. 3. Occupancy and use of vacant land, except for an agricultural use. 4. Change in the use of land to a use of a different classification. 5. Any change in the use of a nonconforming use. B. 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 the building. The certificate shall be issued within 10 days after a written request for the certificate has been made to the Building Official or his or her agent after the approved and accepted erection or alteration of the building that has been completed in conformity with the provisions of this ordinance. C. 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 nonconforming use, as provided in this ordinance, shall be made to the Building Official. If the proposed use is in confoiiuity with the provisions of this ordinance, the Certificate of Occupancy shall be issued within 10 days after the application for the certificate was made. D. Contents Every Certificate of Occupancy shall state that the building or the proposed use of the building or land complies with all provisions of the building code, fire laws and other pertinent ordinances of the City. A record of all certificates of occupancy shall be kept on file in the office of the Building Official or his or her agent and copies shall be furnished on request by any person having proprietary or tenancy interest in the building or land affected. E. Temporary Certificate Pending the issuance of a regular certificate, a temporary Certificate of Occupancy may be issued by the Building Official for a period not exceeding six months, during the completion of alterations or during partial occupancy of a building pending its completion. The 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. F. Certificates for Nonconforming Uses A Certificate of Occupancy for all nonconforming uses is required by Article 9, Section 9.3. SECTION 8.6 CHANGES AND AMENDMENTS TO ALL ZONING ORDINANCES AND DISTRICTS AND ADMINISTRATIVE PROCEDURES A. 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. ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES CITY OF\ tF ZONING ORDINANCE 3. To recognize changes in technology, the style of living, or manner of doing business. B. Authority to Amend Ordinance The Council may from time to time, after receiving a final report by the Commission and after public hearings as required by law, amend, supplement, or change the regulations provided in this ordinance or the boundaries of the zoning districts. All amendments shall be effective only upon passage of an ordinance making the appropriate amendments. C. Public Hearing and Notice Prior to making its report to the Council,the 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 located within the area of application and within 200 feet of any property affected by the zoning change, within not less than 10 days before the hearing is held. The notice may be served by using the last known address as listed on the City tax rolls 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 15 days prior to the public hearing in the official newspaper of the City. Notices for the public hearing before the Council will also be published at the same time notice of the Commission meeting is published. D. Commission Consideration and Report The 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 Commission may defer its report for not more than 90 days until it has had the opportunity to consider other proposed changes which may have a direct bearing on the change. In making its determination, the Commission shall consider the following factors: 1. Whether the uses peliiiitted 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 accordance with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers and other utilities to the areas 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 special circumstances which may make a substantial part of the vacant land unavailable for development. 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 the designation for other areas should be modified also. 6. Any other factors which will substantially affect the health, safety, morals or general welfare of the residents of the City. E. Council Consideration 1. Proposal Recommended for Approval. Every proposal which is recommended favorable by the Commission shall be forwarded to the Council for setting and holding of the public ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES CITY OF\ t:F ZONING ORDINANCE hearing on the case. No change, however, shall become effective until after the adoption of an ordinance for the change and its publication as required by law. 2. Proposal Recommended for Denial. When the Commission determines that a proposal should be denied, it shall report the recommendation to the Council and notify the applicant. When a proposed zoning request is heard by the Council that has been denied by the Commission, a three-fourths majority vote by the Council shall be required for approval. A request which has been denied by the Commission and/or Council may be resubmitted as a new request at any time for reconsideration by the City(a new filing fee must accompany the request.) 3. Denial of the Request with Prejudice. The Commission and/or Council may deny any request with prejudice. If a request has been denied with prejudice the same or substantially similar request may not be resubmitted to the City for one year from the original date of denial. 4. Council Hearing and Notice. Notice of Council hearings shall be given by publication at the same time notice is given for the Commission public hearing in the official newspaper of the City, stating the time and place of the hearing. Notice shall be placed in the newspaper at least 15 days prior to the date of the public hearing. 5. Three-fourths Vote. A favorable vote of three-fourths of the Council shall be required to approve any change in zoning when written objections are received which comply with the provision of the state laws commonly referred to as the "20 percent rule." If a protest against a proposed amendment, supplement or change has been filed with the City Secretary, duly signed and acknowledged by the owners of 20 percent or more, either of the area of lots included in the proposed change or those immediately adjacent to the area of the proposed change and extending 200 feet from the street frontage of the opposite lots, the amendments shall not become effective except by a three-fourths vote of the Council. F. Final Approval and Ordinance Upon approval of the zoning request by the Council, preparation of the amending ordinance shall begin immediately. The amending ordinance shall be ready for Council action within 30 days. At any time prior to consideration of the amending ordinance, the zoning request, at the option of the Council, may be recalled for a new public hearing. ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES Sub ivision e u a • ions February, 2003 Amended July 2007 City of Wylie, Texas Subdivision Ordinancel Adopted 2-25-03,Amended 7-24-07 TABLE OF CONTENTS I. GENERAL PROVISIONS 4 SECTION 1.1: AUTHORITY; EXTENSION TO EXTRATERRITORIAL JURISDICTION 4 SECTION 1.2: INTERPRETATION AND PURPOSE 4 SECTION 1.3: APPLICATION OF REGULATIONS 6 SECTION 1.4: JURISDICTION 7 SECTION 1.5: EXEMPTIONS 8 SECTION 1.6: PENDING APPLICATIONS 9 SECTION 1.7: INTERPRETATION; CONFLICT; SEVERABILITY 9 SECTION 1.8: SAVING PROVISION 10 SECTION 1.9: VARIANCES/WAIVERS 10 SECTION 1.10: PAYMENT OF ALL INDEBTEDNESS ATTRIBUTABLE TO A SPECIFIC PROPERTY 12 SECTION 1.11: RIGHT TO DENY HEARING AND PLAT 12 SECTION 1.12: MISREPRESENTATION OF FACTS 12 SECTION 1.13: DEFINITIONS 12 II. PROCEDURES 20 SECTION 2.1: PRE-APPLICATION PROCEDURES 20 SECTION 2.2: STATUTORY PROCEDURES 20 SECTION 2.3: CONCEPT PLAN APPROVAL 27 SECTION 2.4: PROCEDURES AND SUBMISSION REQUIREMENTS 28 SECTION 2.5: PROCEDURES AND SUBMISSION REQUIREMENTS FOR FINAL PLAT APPROVAL33 SECTION 2.6: (RESERVED) 40 SECTION 2.7: DEVELOPMENT PLATS 40 SECTION 2.8: REPLATTING 42 SECTION 2.9: AMENDING PLATS 44 SECTION 2.10: PLAT VACATION 45 SECTION 2.11: MINOR PLATS 47 SECTION 2:12: ABANDONMENT OF RIGHT-OF-WAY 47 III. SUBDIVISION DESIGN STANDARDS 50 SECTION 3.1: STREETS 50 SECTION 3.2: ALLEYS 63 SECTION 3.3: EASEMENTS 64 SECTION 3.4: BLOCKS 65 SECTION 3.5: SIDEWALKS 65 SECTION 3.6: LOTS 66 SECTION 3.7: BUILDING LINES 66 SECTION 3.8: UTILITY SERVICES(NOT PROVIDED BY THE CITY OF WYLIE) 67 SECTION 3.9: WATER AND WASTEWATER FACILITY DESIGN 69 SECTION 3.10: STORM WATER COLLECTION AND CONVEYANCE SYSTEMS 70 IV. PUBLIC SITES AND OPEN SPACES 72 City of Wylie, Texas Subdivision Ordinance2 Adopted 2-25-03,Amended 7-24-07 SECTION 4.1: AREAS FOR PUBLIC USE 72 SECTION 4.2: PROTECTION OF DRAINAGE AND CREEK AREAS 72 SECTION 4.3: PROPERTY OWNERS OR HOMEOWNERS ASSOCIATIONS 75 SECTION 4.4: PARK LAND& PUBLIC FACILITY DEDICATION 77 V. IMPROVEMENTS REQUIRED PRIOR TO ACCEPTANCE OF THE SUBDIVISION BY THE CITY 79 SECTION 5.1: IMPROVEMENTS,IN GENERAL 79 SECTION 5.2: MONUMENTS 80 SECTION 5.3: STREET LIGHTS 80 SECTION 5.4: STREET NAMES AND SIGNS 81 SECTION 5.5: RETAINING WALL REQUIREMENTS 82 SECTION 5.6: SCREENING AND LANDSCAPING 82 SECTION 5.7: WATER AND WASTEWATER REQUIREMENTS 84 SECTION 5.8: IMPROVEMENT OF ADJACENT(PERIMETER) STREETS AND UTILITIES 85 SECTION 5.9: STORM DRAINAGE AND WATER QUALITY CONTROLS 86 VI. REQUIREMENTS FOR ACCEPTANCE OF SUBDIVISIONS BY THE CITY OF WYLIE 87 SECTION 6.1: WITHHOLDING CITY SERVICES AND IMPROVEMENTS UNTIL ACCEPTANCE 87 SECTION 6.2: GUARANTEE OF PUBLIC IMPROVEMENTS 87 SECTION 6.3: TEMPORARY IMPROVEMENTS 89 SECTION 6.4: GOVERNMENT UNITS 89 SECTION 6.5: FAILURE TO COMPLETE IMPROVEMENTS 89 SECTION 6.6: ACCEPTANCE OF DEDICATION OFFERS 90 SECTION 6.7: MAINTENANCE AND GUARANTEE OF PUBLIC IMPROVEMENTS 90 SECTION 6.8: CONSTRUCTION PROCEDURES 90 SECTION 6.9: INSPECTION AND ACCEPTANCE OF PUBLIC IMPROVEMENTS 91 SECTION 6.10: DEFERRAL OF REQUIRED IMPROVEMENTS 92 SECTION 6.11: ISSUANCE OF BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY 93 VII. FILING FEES & PLAT RE-SUBMISSION REQUIREMENTS 94 SECTION 7.1: SCHEDULE OF FEES AND RE-SUBMISSION REQUIREMENTS 94 VIII. EFFECTIVE DATE; ADOPTION 95 SECTION 8.1: EFFECTIVE DATE 95 SECTION 8.2: ADOPTION OF ORDINANCE 95 City of Wylie, Texas Subdivision Ordinance3 Adopted 2-25-03,Amended 7-24-07 GENERAL PROVISIONS Section 1.1: Authority; Extension to Extraterritorial Jurisdiction 1.1 A. This Ordinance is adopted under the authority of the Constitution and laws of the State of Texas, including Chapter 212, Texas Local Government Code, being adopted after a public hearing on the matter held on February 25, 2003. B. The following rules and regulations are hereby adopted as the Subdivision Ordinance of the City of Wylie, Texas, also referred to herein as "this Ordinance". The City Council hereby extends the application of this Ordinance to the extraterritorial jurisdiction of the City of Wylie, as that area may exist from time to time. This Ordinance shall be applicable to the filing of plats and the subdivision of land, as that term is defined herein and in Chapter 212 of the Texas Local Government Code, within the corporate limits of the City of Wylie and its extraterritorial jurisdiction as they may be from time to time adjusted by annexation or disannexation. The City shall have all remedies and rights provided by said Chapter 212 with regard to the control and approval of subdivisions and plats both within the City and within its extraterritorial jurisdiction. Section 1.2: Interpretation and Purpose 1.2 In the interpretation and application of the provisions of this Ordinance, it is the intention of the City Council that the principles, standards and requirements provided for herein shall be minimum requirements for the platting and developing of subdivisions within the City of Wylie and its extraterritorial jurisdiction. The subdivision of land is the first step in the process of development. The distribution and relationship of residential, nonresidential and agricultural uses throughout the community, along with the system of improvements for thoroughfares, utilities, public facilities and community amenities, determine, in large measure, the quality of life enjoyed by the residents of the community. Health, safety, economy, amenities, environmental sensitivity, and convenience are all factors,which influence and determine a community's quality of life and overall character. A community's quality of life is of the public interest. Consequently, the subdivision of land, as it affects a community's quality of life, is an activity where regulation is a valid function of municipal government. The regulations contained herein are intended to encourage the development of a quality municipal environment by establishing standards for the provision of adequate light, air, open space, storm water drainage, transportation, public utilities and facilities, and other needs necessary for ensuring the creation and continuance of a healthy, attractive, safe and efficient community that provides for the conservation, enhancement and protection of its human and natural resources. City of Wylie, Texas Subdivision Ordinance4 Adopted 2-25-03,Amended 7-24-07 Through the application of these regulations, the interests of the public, as well as those of public and private parties, both present and future, having interest in property affected by this Ordinance, are protected by the granting of certain rights and privileges. By establishing a fair and rational procedure for developing land, the requirements in this Ordinance further the possibility that land will be developed for its most beneficial use in accordance with desired social, economic and environmental conditions. The procedure and standards for the development, layout and design of subdivisions of land within the corporate limits and extraterritorial jurisdiction of the City of Wylie, Texas are intended to: A. Promote the development and the utilization of land in a sustainable manner that assures an attractive and high quality community environment in accordance with the Comprehensive Plan and the Zoning Ordinance of the City of Wylie; B. Guide and assist property owners and applicants in the correct procedures to be followed, and to inform them of the standards which shall be required; C. Protect the public interest by imposing standards for the location, design, class and type of streets, walkways (sidewalks), alleys, utilities and essential public services; D. Assist orderly, efficient and coordinated development within the City limits and extraterritorial jurisdiction; E. Provide neighborhood conservation and prevent the development of slums and blight; F. Integrate the development of various tracts of land into the existing community, and coordinate the future development of adjoining tracts; G. Provide that the cost of improvements to minimum standards which primarily benefit the tract of land being developed be borne by the owners or developers of the tract, and that the cost of improvements to minimum standards which primarily benefit the whole community be borne by the whole community as contained in this Ordinance; H. Ensure the most efficient and beneficial provision of public facilities and services for each tract being subdivided; I. Provide for compatible relationships between land uses and buildings; provide for the circulation of traffic throughout the municipality, having particular regard to the avoidance of congestion in the streets and highways; provide for pedestrian circulation that is appropriate for the various uses of land and buildings; and provide the proper location and width of streets; J. Prevent pollution of the air, streams and bodies of water; assure the adequacy of drainage facilities; safeguard both surface and groundwater supplies, as well as natural resources and endangered or threatened plant and animal life; and encourage the wise use and management of natural resources throughout the municipality in order to preserve the integrity, stability and beauty of the community and the value of the land; City of Wylie, Texas Subdivision Ordinance5 Adopted 2-25-03,Amended 7-24-07 K. Promote sustainability of development through the preservation of the natural beauty and topography of the municipality, and ensure development that is appropriate with regard to these natural features; L. Establish adequate and accurate records of land subdivision; M. Ensure that public or private facilities are available and will have sufficient capacity to serve proposed and future developments and citizens within the City and its extraterritorial jurisdiction; N. Protect and provide for the public health, safety and general welfare of the community; O. Provide for adequate light, air and privacy; secure safety from fire, flood and other danger; and prevent overcrowding of the land and undue congestion of population; P. Protect the character and the social and economic stability of all parts of the community, and encourage the orderly and beneficial development of all parts of the community; Q. Protect and conserve the value of land throughout the community and the value of buildings and improvements upon the land, and minimize conflicts among the uses of land and buildings; R. Guide public and private policy and action in providing adequate and efficient transportation systems,public utilities, and other public amenities and facilities; and S. Encourage the development of a stable,prospering economic environment. Minimum standards for development are contained in the City's Design Manuals and Standard Construction Details, the Zoning Ordinance, the Building Code, applicable articles of the Code of Ordinances, and in this Ordinance. However, the Comprehensive Plan and Future Land Use Plan express policies designed to achieve an optimum quality of development in Wylie and its extraterritorial jurisdiction. If only the minimum standards are followed, as expressed by the various ordinances regulating land development, a standardization of development will occur. This will produce a monotonous municipal setting and physical environment within the community. Subdivision design shall be of a quality that will carry out the purpose and spirit of the policies expressed within the Comprehensive Plan and within this Ordinance, and shall be encouraged to exceed the minimum standards required herein. Section 1.3: Application of Regulations A. If land is required to be platted, no conveyance or sale of any portion or Lot of the property may occur until a final plat is approved by the City Council and recorded in the land records of the appropriate County of Record. City of Wylie, Texas Subdivision Ordinance6 Adopted 2-25-03,Amended 7-24-07 B. No subdivision plat shall be recorded until a final plat, accurately describing the property to be conveyed, has been approved in accordance with this Ordinance and with other applicable City regulations (described in Subsection 1.3(b.)below). No building permit, certificate of occupancy, plumbing peimit, electrical permit, flood plain peimit, utility tap, or certificate of acceptance for required public improvements shall be issued by the City for any parcel of land or plat until: 1. A final plat has been approved in accordance with this Ordinance; and 2. All improvements required by this Ordinance have been constructed and accepted by the City of Wylie, or 3. Assurances for completion of improvements have been provided in accordance with Section 6 of this Ordinance. C. Compliance with all City ordinances pertaining to the subdivision of land, and the Comprehensive Plan, shall be required prior to approval of any development application governed by this Ordinance. It is the property owner's responsibility to be familiar with, and to comply with, City ordinances. Applicable ordinances and requirements include, but are not limited to, the following: 1. Comprehensive Plan,which includes the Future Land Use Plan,Thoroughfare Plan, Park and Open Space Plan, and associated maps and plans; 2. Zoning Ordinance (Ordinance No. 01-48 and 01-52, as amended); 3. Applicable Chapters of the City's Code of Ordinances; 4. Design Manuals for Storm Drainage Systems, Water and Sanitary Sewer-Lines and Thoroughfares; and 5. Standard Construction Details. 6. Storm Water Management Plan Section 1.4: Jurisdiction 1.4 The provisions of this Ordinance shall apply to the following forms of land subdivision and development activity within the City's limits and its extraterritorial jurisdiction: A. The division of land into two or more tracts, lots, sites or parcels; or B. All subdivisions of land whether by metes and bounds division or by plat, which were outside the jurisdiction of the City's subdivision regulations in the appropriate County of Record, Texas and which subsequently came within the jurisdiction of the City's subdivision regulations through: City of Wylie, Texas Subdivision Ordinance? Adopted 2-25-03,Amended 7-24-07 1. Annexation; or 2. Extension of the City's extraterritorial jurisdiction; or C. The combining of two or more contiguous tracts, lots, sites or parcels for the purpose of creating one or more legal lots in order to achieve a more developable site, except as otherwise provided herein; or D. When a building permit is required for unplatted or improperly platted parcels for one of the following uses: 1. Residential single-family: (a) Construction of a new single-family dwelling unit; or (b) Moving of a primary structure or a main building onto a piece of property; or (c) Renovation or expansion of an existing main building in excess of 50% of the square feet of the current structure; or 2. Nonresidential and multi-family: (a) Construction of a new nonresidential or multi-family structure; or (b) Additions, or modification of an existing building in excess of 50% of its current size; or (c) Moving a primary structure onto a piece of property; or 3. For tracts where any public improvements are proposed; or 4. Whenever a property owner proposes to divide land lying within the City or its extraterritorial jurisdiction into two or more tracts, and claims exemption from Subchapter A of Chapter 212 of the Texas Local Government Code for purposes of development, that results in parcels or lots all greater than five (5) acres in size; or in the event that development of any such tract is intended, and where no public improvement is proposed to be dedicated, he shall first obtain approval of a development plat that meets the requirements of Texas Local Government Code Chapter 212, Subchapter B, Regulation of Property Development, Sections 212.041 through 212.050. (See Section 2.7 of this Ordinance for requirements for development plats.) Section 1.5: Exemptions 1.5 The provisions of this Ordinance shall not apply to: A. Development of land legally platted and approved prior to the effective date of this Ordinance, except as otherwise provided for herein and for which no re-subdivision is sought; or City of Wylie, Texas Subdivision Ordinance8 Adopted 2-25-03,Amended 7-24-07 B. Development of land constituting a single tract, lot, site or parcel for which a legal deed of record describing the boundary of said tract, lot, site or parcel was filed of record in the Deed Records of appropriate County of Record, Texas on or before February 25, 2003; or C. Sale, inheritance, or gift of land by metes and bounds of tracts greater than five(5) acres in size and upon which no improvements, subdivision or alteration is occurring; or D. Existing cemeteries complying with all State and local laws and regulations; or E. Divisions of land created by order of a court of competent jurisdiction; or F. When a building permit is requested for unplatted or improperly platted parcels for one or more of the following activities: 1. Replacement or reconstruction of an existing primary single-family or duplex structure, but not to exceed the square footage of the original structure; or 2. Remodeling or repair of an existing primary structure which involves no expansion of square footage beyond the original structure; or 3. Construction of subordinate facilities such as fences and accessory buildings (as defined in the Zoning Ordinance); or 4. Moving a structure off a lot or parcel, or for demolition permits. Section 1.6: Pending Applications 1.6 All applications for plat approval, including final plats, that are pending on the effective date of this Ordinance and which have not lapsed shall be reviewed under the regulations in effect immediately preceding the effective date of this Ordinance. Section 1.7: Interpretation; Conflict; Severability 1.7 A. Interpretation. In their interpretation and application, the provisions of the regulations contained in this Ordinance shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. These regulations shall be construed broadly to promote the purposes for which they are adopted. B. Conflict With Other Laws. These regulations are not intended to interfere with,abrogate, or annul any other ordinance, rule or regulation, statute or other provision of law except as provided in this Ordinance. To the extent that this Ordinance promulgates standards or imposes restrictions or duties which differ from those imposed by other City ordinances, rules or regulations, the regulations contained within this Ordinance shall supersede such other provisions to the extent of any conflict or inconsistency. City of Wylie, Texas Subdivision Ordinance9 Adopted 2-25-03,Amended 7-24-07 C. Severability. If any part or provision of this Ordinance, or the application of this Ordinance to any person or circumstance, is adjudged invalid by any court of competent jurisdiction, the judgment shall be confined in its operation to the part, provision, or application directly involved in the controversy in which the judgment shall be rendered, and it shall not affect or impair the validity of the remainder of these regulations or the application of them to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of these regulations even without any such part, provision, or application which is judged to be invalid. Section 1.8: Saving Provision 1.8 This Ordinance shall not be construed as abating any action now pending under, or by virtue of,prior existing subdivision regulations, or as discontinuing, abating, modifying or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the City under any section or provision existing at the time of adoption of this Ordinance, or as vacating or annulling any rights obtained by any person,firm or corporation,by lawful action of the City except as shall be expressly provided in this Ordinance. Section 1.9: Variances/Waivers 1.9 A. General. Where the Zoning Board of Adjustment finds that undue hardships will result from strict compliance with a certain provision(s) of this Ordinance, or where the purposes of these regulations may be served to a greater extent by an alternative proposal, the Board may approve a variance or waiver from any portion of these regulations so that substantial justice may be done and the public interest is secured, provided that the variance or waiver shall not have the effect of nullifying the intent and purpose of these regulations, and further provided that the Zoning Board of Adjustment shall not approve a variance or waiver unless it shall make findings based upon the evidence presented to it in each specific case that: 1. Granting the variance or waiver will not be detrimental to the public safety, health or welfare, and will not be injurious to other property or to the owners of other property, and the variance or waiver will not prevent the orderly subdivision of other property in the vicinity; 2. The conditions upon which the request for a variance or waiver is based are unique to the property for which the variances or waiver is sought, and are not applicable generally to other property; 3. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the property owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out; 4. The variance or waiver will not in any manner vary the provisions of the Zoning Ordinance or Comprehensive Plan or any other adopted plan(s) of the City; City of Wylie, Texas Subdivision Ordinancel0 Adopted 2-25-03,Amended 7-24-07 5. An alternate design will generally achieve the same result or intent as the standards and regulations prescribed herein. Such findings of the Zoning Board of Adjustment, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Board meeting at which a variance or waiver is considered. A variance or waiver from any provision of this Ordinance may be granted only when in harmony with the general purpose and intent of this Ordinance so that the public health, safety and welfare may be secured and substantial justice done. Economic hardship to the property owner or developer, standing alone, shall not be deemed to constitute undue hardship. B. Criteria for Variance or Waiver From Development Exactions. Where the Zoning Board of Adjustment finds that the imposition of any development exaction pursuant to these regulations exceeds reasonable benefit to the property owner, or is so excessive as to constitute confiscation of the tract to be platted, it may approve a full or partial, at its discretion, variance or waiver to such requirements, so as to prevent such excess. C. Conditions. In approving a variance or waiver, the Zoning Board or Adjustment may require such conditions as will, in its judgment, secure substantially the purposes described in Section 1.2. D. Procedures. An application for a variance or waiver shall be submitted in writing by the property owner to the Board of Adjustment before the plat is submitted for the consideration of the Commission. The application shall state fully the grounds for the application, and all of the facts relied upon by the applicant. Where a hardship is identified during concept plan review pursuant to the Zoning Ordinance or during subdivision review pursuant to this Ordinance which requires issuance of a variance or waiver from a provision in this Ordinance, the Commission or Council may not recommend approval of the concept plan. The applicant will be directed to submit an application for a variance or waiver to the Zoning Board of Adjustment. No plat shall be approved which does not fully conform to the provisions of this Ordinance. All variance or waiver shall have final approval or disapproval by the Zoning Board of Adjustment. E. Criteria for Variance or Waiver for Street Exactions. Where the Zoning Board of Adjustment finds that the imposition of any dedication or construction requirement for streets pursuant to these regulations exceeds reasonable benefit to the property to be platted, it may approve variance or waiver for such requirements so as to prevent such excess. In order to qualify for a variance or waiver under this Section,the property owner shall demonstrate that the costs of right-of-way dedication and construction of non-local streets imposed pursuant to these regulations substantially exceeds the incremental costs of providing land and transportation improvements necessary to offset the additional traffic impacts generated by, or attributable to, the development upon the transportation network serving the property, including that which may be generated by or attributed to other phases to be platted in the future. City of Wylie, Texas Subdivision Ordinancel 1 Adopted 2-25-03,Amended 7-24-07 Section 1.10: Payment of All Indebtedness Attributable to a Specific Property 1.10 No approved plat or replat shall be allowed to be recorded on any piece of land on which are owed delinquent taxes, delinquent paving assessments, delinquent fees, or any other delinquent debts or obligations to the City of Wylie, and which are directly attributable to that piece of property, until the taxes, assessments, debts or obligations directly attributable to said property and owed by the property owner or previous owner thereof shall have been first fully discharged by payment, or until an arrangement satisfactory to the City Manager (or designee) has been made for the payment of such debts or obligations. It shall be the applicant's responsibility to provide evidence or proof that all taxes, assessments, debts or obligations have been paid at the time of submission for any application for approval under this Ordinance. Section 1.11: Right to Deny Hearing and Plat 1.11 The City may deny a hearing and any approval if the applicant does not submit the complete information and fees required by this Ordinance in a timely manner. Section 1.12: Misrepresentation of Facts 1.12 Misrepresentation of Facts. It shall be a violation of this Ordinance for any person to knowingly or willfully misrepresent, or fail to include, any information required by this Ordinance in any plat application or during any public hearing or meeting or the Commission or City Council. Such a violation shall constitute grounds for denial of the plat. Section 1.13: Definitions 1.13 For the purpose of this Ordinance, the following terms,phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense shall include the future tense; words in the plural number shall include the singular number (and vice versa); and words in the masculine gender shall include the feminine gender (and vice versa). Definitions not expressly prescribed herein are to be determined in accordance with customary usage in municipal planning and engineering practices. The word "shall" is always mandatory,while the word "may" is merely directory. A. Addition. A lot, tract or parcel of land lying within the corporate boundaries or extraterritorial jurisdiction of the City which is intended for the purpose of subdivision or development. B. Administrative Officers. Any officer of the City of Wylie referred to in this Ordinance by title, including but not limited to the City Manager, City Attorney, City Secretary, City Planner, Building Official and City Engineer shall be the person so retained in that position by the City, or his or her duly authorized representative. This definition shall also include engineering, planning, legal and other consultants retained by the City to supplement or support existing City staff, as deemed appropriate by the City. City of Wylie, Texas Subdivision Ordinance12 Adopted 2-25-03,Amended 7-24-07 C. Alley. A minor public right-of-way not intended to provide the primary means of access to abutting lots, which is used primarily for vehicular service access to the rear or sides of properties otherwise abutting on a street. The length of an alley segment is to be measured from the right-of-way lines of the streets from which the alley is provided access, including any alley turnouts onto a street. D. Amended or Amending Plat. A revised plat correcting errors or making minor changes to the original recorded final plat. E. Amenity. An improvement to be dedicated to the public or to the common ownership of the lot owners of the subdivision and providing an aesthetic,recreational or other benefit, other than those prescribed by this Ordinance. F. Applicant. A person who submits an application for an approval required by this Ordinance. G. Application. A written request for an approval required by this Ordinance. H. Base Flood. The flood having a one percent (1%) chance of being equaled or exceeded in any given year. I. Board. The Zoning Board of Adjustment of the City of Wylie. J. Block Length or Street Length. For a residential subdivision, that distance measured along the centerline of the street from the intersection centerpoint of one through street to the intersecting centerpoint of another street, or to the midpoint of a cul-de-sac. The through street referred to above shall not be a cul-de-sac, a dead-end street, or a looped street, but shall be a street which clearly has two points of ingress from two different directions. K. Bond. Any form of a surety bond in an amount and form satisfactory to the City. L. Building Setback Line. The line within a property defining the minimum horizontal distance between a building or other structure and the adjacent street right-of-way line, property line, a creek, or some other specific environmental feature. M. Capital Improvements Program (CIP). The official proposed schedule, if any, of all future public projects listed together with cost estimates and the anticipated means of financing each project, as adopted by City Council. N. City. The City of Wylie, Texas. O. City Attorney. The term City Attorney shall apply only to such attorney, or firm of attorney's, that has been specifically employed by the City to assist in legal matters. P. City Council. The duly elected governing body of the City of Wylie, Texas. Q. City Engineer. The term "City Engineer" shall apply only to such licensed professional engineer, or firm of licensed professional consulting engineers,that has been specifically employed by the City to assist in engineering-related matters. City of Wylie, Texas Subdivision Ordinance13 Adopted 2-25-03,Amended 7-24-07 R. City Manager. The person holding the position of City Manager, as appointed by the City Council. S. City Planner. The term "City Planner" shall apply only to such practicing, professional land planner, or firm of professional land planners, that has been specifically employed by the City to assist in planning- and zoning-related matters. T. Commission. The Planning and Zoning Commission of the City. U. Comprehensive Plan. The phrase "Comprehensive Plan" shall mean the Comprehensive Plan of the City and adjoining areas as adopted by the City Council, including all its revisions. This Plan indicates the general locations recommended for various land uses, transportation routes, public and private buildings, streets, parks, water and wastewater facilities, and other public and private developments and improvements. V. Concept Plan. A topographic map generally showing all trees, drainage patterns and culture on which is super imposed a drawing of the overall conceptual layout of a proposed development, which shows the anticipated plan of development, and which serves as a working base for noting and incorporating suggestions of the City's administrative officers,the Commission, the City Council, and others who are consulted prior to preparation of the preliminary plat. A concept plan is also sometimes referred to as a "site plan" or a "land study". W. Construction Plat. This is the same as a "Final Plat" approved by the City Council but not yet filed or recorded with the County and for which no infrastructure has been accepted by the City. X. Contiguous. Lots are contiguous when at least one boundary line or point of one lot touches a boundary line, or lines, or point of another lot. Y. Cul-De-Sac. A street having only one outlet to another street, and terminated on the opposite end by a vehicular turnaround or "bulb". The length of a cul-de-sac is to be measured from the intersection centerpoint of the adjoining through street to the midpoint of the cul-de-sac bulb. Z. Dead-End Street. A street, other than a cul-de-sac, with only one outlet. AA. Design Standards. The City of Wylie's technical construction standards and specifications for the construction of subdivision improvement, as published in the current Manuals for the Design of Stotm Drainage Systems, Water and Sanitation Sewer Lines and Thoroughfare Standards, as maintained and available for inspection at the City Hall. City of Wylie, Texas Subdivision Ordinance14 Adopted 2-25-03,Amended 7-24-07 BB. Easement. The word "easement" shall mean an area of joint use on private property. 1. Drainage easements are areas upon which the City or a public utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs and other improvements or growths which in any way endanger or interfere with the construction, maintenance or efficiency of its respective systems within said easements. The City and public utilities shall, at all times, have the right of ingress and egress to and from and upon easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining and adding to or removing all or part of their respective systems without the necessity at any time of procuring the permission of anyone. 2. Access easements are areas, which are open to the general public at large that shall remain at all times open to the public for access. CC. Engineer. A person duly authorized and licensed under the provisions of the Texas Engineering Registration Act to practice the profession of engineering. DD. Engineering Plans or Drawings. The maps or drawings accompanying a plat and showing the specific location and design all changes and improvements to be installed in the subdivision in accordance with the requirements of the City as a condition of approval of the plat. EE. Escrow. A deposit of cash with the City in accordance with this Ordinance. FF. Final Plat (also "Construction Plat" or "Record Plat"). The one official and authentic map of an "as built" subdivision of land prepared from actual field measurement and staking of all identifiable points by a surveyor or engineer, with the subdivision location referenced to a GPS control point,and with all boundaries, corners and curves of the land division sufficiently described so that they can be reproduced without additional references and showing all streets and lots, easements, dedications and other pertinent features as constructed on the ground and as accepted by the City. The final plat of any lot, tract or parcel of land shall be recorded in the land records of appropriate County of Record, following acceptance by the City. An amended plat is also a final plat. GG. Governing Body. The City Council of the City of Wylie. HH. Improvement or Developer Agreement. A contract entered into by the applicant and the City, by which the applicant promises to complete the required public improvements within the subdivision or addition within a specified time period following final plat approval. II. Land Study. This is the same as a "Concept Plan". JJ. Land Planner. Persons, including surveyors or engineers, who possess and can demonstrate a valid proficiency in the planning of residential, nonresidential and other related developments, such proficiency often having been acquired by education in the field of landscape architecture or other specialized planning curriculum, or by actual experience and practice in the field of land planning. City of Wylie, Texas Subdivision Ordinance15 Adopted 2-25-03,Amended 7-24-07 KK. Lot(also Lot of Record). A divided or undivided tract or parcel of land having frontage on a public street, and which is, or which may in the future be, offered for sale, conveyance, transfer or improvement; which is designated as a distinct and separate tract; and which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly filed of record. LL. Major Plat. All plats not classified as minor plats, including but not limited to subdivisions of more than four (4) lots, or any plat that requires the construction of a new street (or portion thereof) or the extension of a municipal facility as required by this or any other City ordinance. MM. Major Subdivision. This is the same as a "Major Plat". NN. Minor Plat. A subdivision resulting in four(4)or fewer lots,provided that the plat does not create any new easements for public facilities nor the extension of any municipal facilities to serve any lot within the subdivision. Any property to be subdivided using a minor plat shall already be served by all required City utilities and services. 00. Minor Subdivision. This is the same as a"Minor Plat". PP. On-Site Facilities or Improvements. These are the existing or proposed facilities or improvements constructed within the property boundaries of the plat, and the existing or proposed facilities required to be constructed or improved immediately adjacent to the property that are needed to serve the development. Facilities and improvements include, but are not limited to, streets, alleys, water lines, sewer lines, storm drainage facilities, and curbs and gutters. QQ. Off-Site Facilities or Improvements. "Off-site" facilities shall mean those facilities or improvements that are required to serve the site but that are not located within the boundaries of the plat, and are not required to be constructed or improved immediately adjacent to the property to serve the development. These include oversizing for streets, sewer lines, water lines and storm drainage facilities, as well as the excess capacity of facilities such as water storage tanks and wastewater treatment plants available for new development. RR. Overlength Street. A street segment, or a cul-de-sac or alley segment, which exceeds the maximum length allowed by this Ordinance, as measured along the centerline of the street from the intersection centerpoint of one through street, which shall not be a cul-de-sac or dead-end or looped street, to the intersecting centerpoint of another through street or, in the case of a cul-de-sac, to the midpoint of the cul-de-sac. For an alley segment, the measurement shall be to the right-of-way lines of the streets from which the alley is provided access,including any alley turnouts,or from the centerpoint of an intersection with another alley, which connects to a street. SS. Pavement Width. The portion of a street that is available for vehicular traffic. Where curbs are used, it is the portion from the back of one curb to the back of the opposite curb. City of Wylie, Texas Subdivision Ordinancel6 Adopted 2-25-03,Amended 7-24-07 TT. Perimeter Street. Any existing or planned street which abuts the subdivision or addition to be platted. UU. Person. Any individual, association, film, corporation, governmental agency,political subdivision, or legal entity of any kind. VV. Planning and Zoning Commission. The duly appointed Planning and Zoning Commission of the City of Wylie, Texas, in accordance with Section 211.007 of the Texas Local Government Code. WW. Plat. This means a preliminary plat, final plat, development plat, amended plat or replat, as determined by the context. XX. Preliminary Plat. The graphic expression of the proposed overall plan for subdividing, improving and developing a tract, showing in plan view the proposed street and lot layout, easements, dedications and other pertinent features, with such notations as are sufficient to substantially identify the general scope and detail of the proposed development, as well as its compliance with all requirements of the development codes of the City of Wylie. Engineering plans for all public improvements shall be submitted along with the preliminary plat is subject to approval by the Planning and Zoning Commission and City Council. YY. Private Street. A private vehicular access way, including an alley,that is shared by and that serves two or more lots, which is not dedicated to the public, and which is not publicly maintained. ZZ. Property Owner (also known as "Applicant" or "Subdivider" or "Developer"). Any person or firm, association, syndicate, general or limited partnership, corporation,trust or other legal entity, or any agent thereof, that has sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this Ordinance. In any event,the term "property owner" shall be restricted to include only the owner(s) or authorized agent(s) of such owner(s), such as a developer, of land sought to be subdivided. AAA. Public Improvements. Facilities, infrastructure and other appurtenances, typically owned and maintained by the City,which serve a public purpose in providing a needed service or commodity, such as wastewater collection and treatment and water storage and distribution, and which protect the general health, safety,welfare and convenience of the City's citizens, including efficiency in traffic circulation and access for emergency services. Required public improvements may include, but shall not be limited to, street and alley paving, including any necessary median openings and left turn lanes on major thoroughfares; water lines and pumping stations; sanitary sewer lines and lift stations; storm drainage structures and storm water management devices; water quality and erosion controls; screening and retaining walls; fire lane paving and fire hydrants; landscaping,where such is used for required screening or other required landscaped area, and associated irrigation system; and any required public sidewalks, street lights and street name signs. The term "public improvements" shall not include facilities or infrastructure of private City of Wylie, Texas Subdivision Ordinancel7 Adopted 2-25-03,Amended 7-24-07 providers of utility services other than water and wastewater, but shall be deemed to include facilities and infrastructure that the City would normally require of a development but which will be owned and maintained by an entity such as a homeowners association, as in the case of private streets. BBB. Replatting or Replat. This is the re-subdivision of any part or all of a block or blocks of a previously platted subdivision, addition, lot or tract. CCC. Right-of-Way. A parcel of land occupied, or intended to be occupied, by a street or alley. Where appropriate, "right-of-way"may include other facilities and utilities such as sidewalks;railroad crossings; electrical, communication, oil and gas facilities,water and sanitary and storm sewer facilities; and any other special use. The use of right-of- way shall also include parkways and medians outside of the paved portion of the street. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way, and shall not be included within the dimensions or areas of such lots or parcels. DDD. Standard Street. A standard street is a street or road that meets or exceeds the minimum specifications in the City's standard street specifications, and which is constructed to the ultimate configuration for the type of roadway it is designated for on the City's Thoroughfare Plan. EEE. Street. A right-of-way, whether public or private and however designated, which provides vehicular access to adjacent land. Streets may be of the following categories: 1. Major thoroughfares, also known as arterial streets or primary thoroughfares, which provide vehicular movement from one neighborhood to another or to distant points within the City, and including freeways or highways leading to other communities. 2. Collector streets, also known as feeder streets or secondary thoroughfares, which provide vehicular circulation within neighborhoods, and from local streets to major thoroughfares. 3. Local residential streets, also known as minor thoroughfares or streets, which primarily provide direct vehicular access to abutting residential property. 4. Private streets are streets which are owned and maintained by a homeowners association or property owners association, and which are not dedicated to the public. FFF. Street Improvements. This means any street or thoroughfare, together with all appurtenances required by City regulations to be provided with such street or thoroughfare,and including but not limited to walkways(sidewalks),drainage facilities to be situated in the right-of-way for such street or thoroughfare,traffic control devices, street lights and street signs, for which facilities the City will ultimately assume the responsibility for maintenance and operation. City of Wylie, Texas Subdivision Ordinancel8 Adopted 2-25-03,Amended 7-24-07 GGG. Street Length. This means the same as "Block Length". HHH. Street Right-of-Way. The width of the right-of-way for any roadway is the shortest perpendicular distance between the lines which delineate the rights-of-way of the street. III. Subdivision(also known as "Addition"). A division or re-division of any tract of land situated within the City's corporate limits or its extraterritorial jurisdiction into two or more parts, lots or sites, for the purpose, whether immediate or future, of sale, division of ownership,or building development. "Subdivision"includes re-subdivisions of land or lots which are part of a previously recorded subdivision. JJJ. Submission Date. The submission date is when all necessary forms, fees, information, plans and copies have been submitted to the City, previewed, and deemed as "complete"by action of issuance of a fee receipt by the City. KKK. Substandard Street. An existing street or road that does not meet the minimum specifications in the City's standard street specifications, and which is not constructed to the ultimate configuration for the type of roadway it is designated for on the City's Thoroughfare Plan. LLL. Surveyor. A licensed land surveyor or a registered public surveyor, as authorized by State statutes to practice the profession of surveying. MMM. TCEQ. Texas Commission on Environmental Quality(formerly TNRCC). NNN. Temporary Improvements. Improvements built and maintained by the property owner that are needed to remedy a circumstance that is temporary in nature, such as a temporary drainage easement or erosion control device, that will be removed upon completion of the subdivision or shortly thereafter. 000. U.S. Army Corps of Engineers. PPP. Yard. The open area between building setback lines and lot lines. QQQ. Zoning Board of Adjustment. The duly appointed body of the City of Wylie, in accordance with Section 8.4 of the Zoning Ordinance and Section 211.008 of the Texas Local Government Code. City of Wylie, Texas Subdivision Ordinance19 Adopted 2-25-03,Amended 7-24-07 II. PROCEDURES Section 2.1: Pre-Application Procedures 2.1 The applicant should avail himself or herself of the advice and assistance of the City's administrative officers, and should consult early and informally with those officers before preparing a concept plan or any plat in order to save time and money, and to avoid potential unnecessary delays. Prior to formal application for approval of any concept plan or plat,the applicant shall request and attend a mandatory pre-application conference with the appropriate City official(s) in order to become familiar with the City's development regulations and the subdivision process. At the pre-application conference, the applicant may be represented by his or her land planner, engineer, or surveyor. Section 2.2: Statutory Procedures 2.2 A. Zoning Requirements. A property within the City's corporate limits that is being proposed for platting must be properly zoned by the City prior to submission of an application for approval of any plat. In addition, the proposed development layout or subdivision design shown on the proposed plat must be in conformance with all standards and requirements prescribed in the City's Zoning Ordinance. Noncompliance with the requirements of the zoning district in which the subject property is located, or lack of the proper zoning, shall constitute grounds for denial of the plat. In situations where the zoning on a particular piece of property cannot be ascertained by the City, the burden of proof regarding the property's zoning shall rest with the property owner. Proof of proper zoning shall consist of appropriate documentation, such as a copy of the ordinance establishing the zoning, which shall be reviewed by City officials as to its validity and authenticity. Any plat submitted for approval by the City shall be in accordance with the City's Zoning Ordinance, if the property is located within the City's corporate limits, and, if the property is located within the City's corporate limits or extraterritorial jurisdiction, it shall be in accordance with the City's Comprehensive Plan, including all adopted water, sewer, storm drainage, future land use, park, recreation, open space and thoroughfare plans. All plats shall be prepared by a licensed civil engineer or a registered land surveyor. B. Classification of Subdivisions and Additions. Before any land is filed for record with the County Clerk,the property owner shall apply for and secure City Council approval of the required subdivision plat, in accordance with the following procedures,unless otherwise provided within this Ordinance. City of Wylie, Texas Subdivision Ordinance20 Adopted 2-25-03,Amended 7-24-07 1. Minor subdivisions may be approved for residential or nonresidential properties. Minor plat approval by the City Planner requires the submission of a final plat drawing and other submission materials required by Section 2.11 of this Ordinance. Lots may be conveyed or sold only when the plat has been approved by the City and the plat has been recorded with the appropriate County of Record. 2. Major subdivisions may be approved for residential or nonresidential properties. The procedure for approval of a major subdivision typically involves three steps: a concept plan, preliminary plat and final plat. Sections 2.3 through 2.6 of this Ordinance provide the requirements for each. Major plat approval shall be in accordance with Sections 2.4 through 2.6 of this Ordinance. All major subdivision plats must be reviewed by the Commission and approved by the City Council, pursuant to Sections 2.4 through 2.8 of this Ordinance. Upon completion of the required public improvements, or upon submission and City approval of the appropriate surety for public improvements,the property owner may file the final plat in the land record of the appropriate County of Record. Lots may be sold only when the final plat has been recorded at the appropriate County of Record. No conveyance or sale of any portion or lot of the property may occur until after the final plat is approved by the City Council and filed at the appropriate County of Record. C. Submission Requirements For All Types of Plat Applications. In addition to the requirements outlined herein for each type of development application, the City shall maintain separate policies and procedures for the submission and processing of applications including, but not limited to, application forms, checklists, language blocks for plats, and other similar items. The forms and paperwork are available at the office of the City Planner. These policies and procedures may be amended from time to time, and it is the applicant's responsibility to be familiar with, and to comply with, the policies and procedures. D. Official Submission Date and Completeness of Application For All Types of Plats. 1. For the purpose of these regulations, the "official submission date" shall be the date upon which a technically complete application for approval of any type of plat, that contains all required elements mandated by the Texas Local Government Code, Section 212.004(b) and by this Ordinance, is submitted to the City Planner, after which the statutory period required for approval or disapproval of the plat shall commence to run. No application shall be deemed officially submitted until the City Planner determines that the application is complete and the City issues a fee receipt. calendar days following the date on which the application was first received by the City, shall result in the application being deemed complete, and the "official submission date" shall become the I l ' calendar day following initial receipt of the application by the City. City of Wylie, Texas Subdivision 0rdinance21 Adopted 2-25-03,Amended 7-24-07 2. Plat applications which do not include all required information and materials, as outlined below and per other City development review policies which may change from time to time, will be considered incomplete, shall not be accepted for official submission by the City, and shall not be scheduled on a Commission or Council agenda until the proper information is provided to City officials. E. Submission Procedures and City Review Process For All Types of Plats. 1. Submission Timing. A complete application for approval of any plat shall be submitted to the City as required by the City's submittal calendar. at least sixteen(16) Goi ernment Code. 2. Submission Materials. The application shall include a written application form which bears the signature(s) of the property owner(s) of the subject property, along with the appropriate submission fee, paper and/or electronic copies as determined by the City Planner which shall be listed on the submittal application, six (6) folded copies of • , the pre-development letter, a copy of any applicable development agreement pertaining to the subject property (if any), and any other applicable information and materials deemed appropriate by the City. The application shall be accompanied by a tax certificate showing that all taxes have been paid on the subject property, and that no delinquent taxes exist against the property, in accordance with Section 1.10. Documentation shall also be included that shows no delinquent assessments, fees, or other debts or obligations to the City and which are directly attributable to the subject property. The application shall also be accompanied by an engineer's summary report which describes, in as much detail as necessary, the following: the overall nature and scope of the proposed development, including zoning of the property, proposed use(s) and acreage of each proposed use, minimum lot sizes, widths and depths, number of lots to be created, and special amenities or facilities that will be included in the development; how the property will be served with required utilities and services; how storm water drainage will be handled; and an itemization and description of any variance or waiver from provisions of this Ordinance that will be sought. If the proposed development will have access points onto a major thoroughfare, the application shall also include a letter from the appropriate entity, such as TxDOT or Appropriate County of Record, acknowledging and approving proposed driveway locations and corresponding median openings and left turn lanes, if applicable. Letters shall also be provided from each of the applicable utility service providers, including water, wastewater, gas, electricity, telephone, cable TV and solid waste, verifying their ability to provide an adequate level of service for the City of Wylie, Texas Subdivision 0rdinance22 Adopted 2-25-03,Amended 7-24-07 proposed development. A letter from the Wylie Independent School District shall also be provided that acknowledges the District's ability to accommodate the development, and that expresses any desire the District may have to obtain a future All plat drawings and other corresponding plans and drawings, including engineering plans and landscape and screening plans, shall be sized at on sheets no larger than 24" by 36" in size, and shall be drawn to a known engineering scale of not smaller than one hundred feet to the inch (1"=100') or a larger scale. In cases of large developments which would exceed the dimensions of the sheet at one hundred foot (100') scale, plats may be on multiple sheets or to another known engineering scale, as approved by the City, • • acceptable for eventual filing at 3. City Staff Review. Upon official submission of a technically complete application for plat approval, the City shall commence technical review of the development proposal by forwarding a copy of the application and plat to the Development Issues Review Team members which include, but shall not be limited to, the City Planner, City Engineer, City Manager, Public Works Director, Fire Chief/Marshall, Police Chief, Parks Director. Development Issues Review Team members shall review the plat and shall ascertain its compliance with these and other applicable City regulations. Following City staff review of the plat and supporting documents, and following discussions with the applicant on any revisions deemed advisable and the kind and extent of improvements to be installed, the applicant shall resubmit (15) folded paper and/or electronic copies as determined by the City Planner, of the corrected plat to the City Planner no later than seven (7) calendar days prior to the Commission or Council meeting. Planner. After the plat has been scheduled on an agenda (or at any time prior), the applicant may request, in writing, a waiver of the thirty(30)day approval requirement specified in Section 212.009 of the Texas Local Government Code, in order to allow more time to correct deficiencies, address concerns, or otherwise improve the plat pursuant to the City's regulations. After receipt of the request, the City may delay action on the final plat beyond thirty (30) calendar days following the official submission date. 4. Action by the Planning and Zoning Commission and City Council. The Planning and Zoning Commission shall review all subdivision plat applications, and if in confoi imiance with the provisions of this Ordinance and with all other applicable regulations of the City, they shall be approved by the City Council. City of Wylie, Texas Subdivision 0rdinance23 Adopted 2-25-03,Amended 7-24-07 The Commission shall review each plat application and shall recommend approval, approval subject to certain conditions, or denial of the plat within thirty(30) calendar days of the official submission date. The Council shall take action on the plat within thirty (30) calendar days of the Commission's action. Affirmation of, or minor modifications to,the Commission's recommendation to approve the plat shall require a simple majority vote of the Council members present. If the Commission recommends disapproval of a plat application, the Commission shall state such disapproval and cite the specific applicable sections of the Ordinance or Code technical reasons therefore. The applicant or property owner may appeal such decision to the City Council by filing a Notice of Appeal in the office of the City Planner no later than five(5)calendar days after the date upon which the Commission fashion the basis for the appeal. The Council shall consider the appeal at a public of Appeal was filed, The City Council shall take action on plat applications, as applicable, within thirty (30) calendar days of the Commission's action. Affirmation of, or minor modifications to, or negation of, the Commission's recommendation of the plat shall require a simple majority vote of the Council members present. If the Council denies a plat application, the Council shall state such disapproval and cite the specific applicable sections of the Ordinance or Code. Should the applicant revise the plat addressing the specific reasons given by Council, the Council shall have fifteen (15) days to act on the revision or the plat is deemed approved.The Council may change the decision of the Commission by vote of a simple majority of the Council members present. The Council may also, where appropriate, remand the plat back to the Commission for reconsideration if it believes that there is a compelling F. Simultaneous Submission of Plats. In the event that an applicant submits preliminary and final plat applications simultaneously, as provided in Section 2.4(c),the City Planner shall schedule both plat applications for action by the Commission within thirty (30) calendar days of the official submission date, unless the applicant has executed a written waiver of the 30-day review period for one or both plats. If the preliminary plat has not received approval prior to consideration of the final plat by the Commission, then the Commission shall deny the final plat if not withdrawn by the applicant. The City Council shall take action on either one or both plat applications, as applicable, within thirty (30) calendar days of the Commission's action. Affiuliation of, or minor modifications to, or the negation of, the Commission's recommendation ofto approve the plat(s) shall require a simple majority vote of the Council members present. G. Proof of Land Ownership. The City requires proof of land ownership prior to approval of any development application involving real property. Along with the application submission, the applicant shall provide written verification, such as a notarized statement or a power of attorney or other evidence satisfactory to the City Planner, that he or she is the owner of record of the subject land parcel or parcels, or is the property owner's authorized agent. The City Planner shall have the authority to determine what document(s) the City will require to prove ownership, such as one of the following: City of Wylie, Texas Subdivision Ordinance24 Adopted 2-25-03,Amended 7-24-07 1. General warranty deed; 2. Special warranty deed; City of Wylie, Texas Subdivision Ordinance25 Adopted 2-25-03,Amended 7-24-07 3. Title policy; or 4. Some other documentation that is acceptable to the City Planner. If ownership cannot be conclusively established prior to the meeting date on which the development application will be heard, the City shall have the authority to deny the application on the basis of protecting the public interest. The applicant may resubmit a new development application, including the submission fees, for the property at any time following such denial. H. Lapse of Plat Approval. The approval of any concept plan or preliminary plat as required by the Ordinance, shall be effective for a period of one hundred and eighty-three (183) calendar days beyond the date that the plat was approved by the Commission or Council, except as otherwise provided herein. By 12:01 a.m. on the 184th day following Council approval of the plat, the applicant must have submitted an application for the next consecutive step in the platting process. If this is not accomplished, then the approved plat shall be deemed to have expired and shall become null and void. The approval of a final plat and the City Engineer's approval of engineering plans for proposed public improvements shall be effective for a period of one hundred and eighty- three (183) days beyond the date that the plat was approved by the Commission and Council. If the required fees are not paid and the applicable site construction not commenced within this time period, the final plat shall expire and become null and void, unless such time period is extended or reinstated by the City Planner. Following the acceptance of all improvements, the final plat shall be filed at the appropriate County of Record at the applicant's earliest convenience. A filed final plat is valid in perpetuity, unless vacated or amended. Failure to file a final plat with the County in a timely manner may be subject for withholding of connection of City utilities. I. Extension and Reinstatement Procedure. Prior to the lapse of approval for a plat, the property owner may petition the City to extend the plat approval. Such petition shall be considered by the City Council, and an extension may be granted by Council for a specific period of time. If no petition for extension of plat approval is submitted by the property owner prior to the expiration date,then the plat shall be deemed to have expired and shall become null and void. The property owner must thereafter submit a new plat application for approval, and shall conform to the subdivision regulations then in effect. The City Council may extend the approval subject to additional conditions based upon newly enacted City regulations or State legislation, or such as are necessary to ensure compliance with the original conditions of approval and to protect the public health, safety and welfare. The Council may also specify a shorter time for extension of the plat than the original 183-day approval period. City of Wylie, Texas Subdivision Ordinance26 Adopted 2-25-03,Amended 7-24-07 J. Lapse of Approval of Engineering Plans. The approved engineering plans shall be valid for a period of one hundred eighty-three (183) calendar days following approval by the City Engineer. The City Council may, upon written request by the applicant, grant an extension of up to an additional 183 calendar days, after which the engineering plans shall be subject to re-approval by the City Engineer if no construction has occurred. Section 2.3: Concept Plan Approval 2.3 A. Applicability. A concept plan, sometimes referred to as a"site plan" or a "land study", is required by Section 89.1.c of the Zoning Ordinance. Submission and approval of a concept plan is the first step in the approval process for a residential or nonresidential development project. The applicant benefits from City review of a concept plan in that he or she gains public review and scrutiny, as well as technical input and suggestions, on the overall conceptual layout of the proposed development from the City's Development Issues Review Team. The City benefits in that it is allowed to become familiar with and involved in the project early in the development process so that the provision of public facilities and services can be provided, which is particularly important for large-scale developments and subdivisions. B. Procedures and Submission Requirements for Concept Plan Approval. The procedures for City review and approval of a concept plan shall be as set forth in Section 8.1 of the Zoning Ordinance for the City of Wylie. City staff may require additional information as part of this submittal, such as drainage studies, traffic studies and other pertinent technical data. C. Purpose. The purpose of a concept plan, as it pertains to this Ordinance, is to allow opportunity for the Planning and Zoning Commission to preview proposed major thoroughfare and collector street patterns; land use patterns and trends; environmental issues and constraints; conformance to the Comprehensive Plan, Future Land Use Plan, Thoroughfare Plan,Parks and Open Space Plan,water and sewer master plans, and other applicable plans of the City; and, if the subject property is within the City's corporate limits, the Zoning Ordinance; and the property's relationship to adjoining subdivisions or properties. Review of a concept plan also assists the City in evaluating the possible impacts of the proposed development in terms of provision of essential public facilities and services, respecting and preserving important natural features and the environment, provision of open space and recreational opportunities, and protecting the general health, safety and welfare of the community. City of Wylie, Texas Subdivision Ordinance27 Adopted 2-25-03,Amended 7-24-07 D. Extent of Area That Should be Included in a Concept Plan. When the overall development project is to be developed in phases, the concept plan area shall include the entire property from which the phases are being subdivided and an approximate development schedule. Where significant natural or man-made features, such as thoroughfares or creeks, make inclusion of the entire property in the concept plan unnecessary to adequately review the items listed in the preceding paragraph,the concept plan may include a smaller study area. Boundaries such as major thoroughfares, whether existing or proposed, creeks, political subdivisions, or other such natural or man-made features may be used to delineate the smaller study area. ;e s,e a tee, he �� is-sio at 4� earliest available meeting. The Commission may • rove, approl,e with conditions or stipulations or deny for specific technical reasons any concept plan. The concept plan does not require review and approval of the Council. f aE, A concept plan may, with the approval of the City Planner, be submitted and review concurrently with the preliminary plat. For residential uses, the City may schedule concurrent review of the concept plan and plat. For nonresidential uses, plan and plat must be reviewed separately as changes to the concept plan may require amendments to the preliminary plat. Section 2.4: Procedures and Submission Requirements for Preliminary Plat Approval 2.4 A. Following approval of the concept plan, the applicant shall have prepared a preliminary plat together with engineering plans for the construction of the subdivision and all associated public improvements and other supplementary materials, as required by this Ordinance or by the City. B. The preliminary plat shall constitute only that portion of the approved concept plan which the applicant proposes to construct and record initially, however, that such portion conforms to all the requirements of this Ordinance and with any other applicable regulations and codes of the City. C. The applicant may choose to submit a final plat for review concurrently with the preliminary plat. In such case, the City may schedule concurrent review of both plats, provided that all required information and other items are submitted for both plats, including full engineering plans and the appropriate assurances for the completion of all improvements, as per Section 6, and provided that adequate review can be achieved by the City and Commission. D. Approval of a preliminary plat by the City Council shall be deemed general approval of the street and lot layout shown on the preliminary plat (approval for construction of the necessary streets, water lines, sewer lines, and other required improvements and utilities shall be authorized only through the City Engineer's approval of the engineering plans), and to the preparation of the final plat. City of Wylie, Texas Subdivision 0rdinance28 Adopted 2-25-03,Amended 7-24-07 Except as provided for herein, approval of the preliminary plat shall constitute conditional approval of the final plat when all conditions of approval and when all procedural requirements set forth in this Ordinance have been met. E. Standards for Approval. No preliminary plat shall be recommended for approval by the Commission or approved by the City Council unless the following standards have been met: 1. The plat substantially conforms with the approved concept plan, or other studies and plans approved by the City, as applicable; 2. The layouts and engineering plans for required public improvements and City utilities have been submitted by the applicant for approval by the City Engineer (whether specifically stated or not, preliminary plat approval shall always be subject to any additions or alterations to the engineering plans as deemed necessary by the Engineer, as needed, to ensure the safe, efficient and proper construction of public improvements within the subdivision); and 3. The plat conforms to applicable zoning and other regulations. F. The applicant shall also provide copies of letters from applicable local utility companies stating that each utility company has reviewed the preliminary plat and stating any requirements, including easements, they may have. until the final plat by the City Engineer. G. Information Required Upon or With Preliminary Plat. The proposed preliminary plat and associated engineering plans shall show the following information (some required physical and engineering data may be included in the other plans or as separate documents as appropriate): 1. A vicinity, or location, map that shows the location of the proposed preliminary plat within the City(or within its ETJ) and in relationship to existing roadways; 2. Boundary lines, abstract or survey lines, corporate or other jurisdictional boundaries, existing or proposed highways and streets (including right-of-way widths), bearings and distances related to State Plane Coordinates and sufficient to locate the exact area proposed for the subdivision, and all survey monuments (identified and labeled; see Section 5.2 for specifications); the length and bearing of all straight lines, radii, arc lengths, tangent lengths and central angles of all curves shall be indicated along the lines of each lot (curve and line data may be placed in a table format); accurate reference ties via courses and distances to at least one recognized abstract or survey corner or existing subdivision corner shall be shown; City of Wylie, Texas Subdivision Ordinance29 Adopted 2-25-03,Amended 7-24-07 3. The name, location and recording information of all adjacent subdivisions (or property owners of adjacent unplatted property), including those located on the other sides of roads or creeks, shall be drawn to the same scale and shown in dotted lines adjacent to the tract proposed for subdivision in sufficient detail to show accurately the existing streets, alleys, building setbacks, lot and block numbering, easements, and other features that may influence the layout of development of the proposed subdivision; adjacent unplatted land shall show property lines, the names of owners of record, and the recording information; 4. The location, widths and names of all streets, alleys and easements (it shall be the applicant's responsibility to coordinate with appropriate utility entities for placement of necessary utility easements and for location of all streets and median openings on highways or arterial roadways), existing or proposed, within the subdivision limits and adjacent to the subdivision; a list of proposed street names shall be submitted(in the form of a letter or memo along with the application form)for all new street names (street name approval is required at the time the preliminary plat is approved); 5. The location of all existing property lines, existing lot and block numbers and date recorded,easements of record(with recording infoliiiation),buildings,existing sewer or water mains, gas mains or other underground structures, or other existing features within the area proposed for subdivision; 6. Proposed arrangement and square footage of lots (including lot and block numbers) and proposed use of same; for nonresidential uses, the location and size of buildings (this information may be provided on a separate sheet, such as on a voluntary concept plan or preliminary site plan; see the Zoning Ordinance); 7. A title block within the lower right hand corner of the plat (and engineering plans) which shows the title or name under which the proposed subdivision is to be recorded, the name and address of the property owner and the name of the land planner,licensed engineer or registered public surveyor who prepared the plat or plans, the date the plat was prepared, and the location of the property according to the abstract or survey records of appropriate County of Record, Texas; the subdivision name shall not duplicate (or phonetically replicate) the name of any other platted subdivision in Wylie or its ETJ, but phasing identification is allowed (it is the property owner's responsibility to check the plat records of appropriate County of Record to ensure that the proposed subdivision name will not duplicate or sound too much like a subdivision name already in existence -- the City may, at its discretion, require a different subdivision name if there is potential for confusion by public safety officials or the general public); 8. Sites,if any,to be reserved or dedicated for parks, schools,playgrounds, other public uses or for private facilities or amenities; 9. Scale,date,north arrow oriented to the top or left side of the sheet,and other pertinent informational data; City of Wylie, Texas Subdivision Ordinance30 Adopted 2-25-03,Amended 7-24-07 10. Contours with intervals of two feet (2') or less shown for the area, with all elevations on the contour map referenced to sea level datum; 11. Areas contributing drainage to the proposed subdivision shall be shown in the engineering plans; locations proposed for drainage discharge from the site shall be shown by directional arrows; 12. All physical features of the property to be subdivided, including the location and size of all water courses, 100-year flood plain according to Federal Emergency Management Agency (FEMA) information, Corps of Engineers flowage easement requirements, ravines,bridges, culverts, existing structures, drainage area in acres or area draining into subdivisions, the outline of major wooded areas or the location of major trees, six (6) inches and larger when measured 4 CIA feet above ground level, and other features pertinent to subdivision; 13. Engineering plans of water and sewer lines and other infrastructure (including sizes) to be constructed in the subdivision; the proposed connections to distribution mains shall be indicated; 14. Proposed phasing of the development; where a subdivision is proposed to occur in phases, the applicant, in conjunction with submission of the preliminary plat, shall provide a schedule of development; the dedication of rights-of-way for streets and street improvements, whether on-site or off-site, intended to serve each proposed phase of the subdivision; the City Council shall determine whether the proposed streets and street improvements are adequate pursuant to standards herein established, and may require that a traffic impact analysis be submitted for the entire project or for such phases as the City Council determines to be necessary to adjudge whether the subdivision will be served by adequate streets and thoroughfares; 15. All preliminary plats shall be submitted in a legible format that complies with appropriate County of Record requirements for the filing of plats, and shall be drawn on a good grade blue line or black line paper; 16. Proposed or existing zoning of the subject property and all adjacent properties, as well as a tabulation of site development information and the intended manner of compliance with the Design Standards of the Zoning Ordinance including the required points for optional standards. 17. Minimum finished floor elevations of building foundations shall be shown for lots adjacent to a flood plain or within an area that may be susceptible to flooding; H. Engineering Plans. Along with the preliminary plat application, the applicant shall submit two (2) sets of the complete engineering plans for streets, alleys, storm sewers and drainage structures, water and sanitary sewer facilities, screening and retaining walls, landscaping and irrigation, and any other required public improvements for the area covered by the preliminary plat. City of Wylie, Texas Subdivision Ordinance31 Adopted 2-25-03,Amended 7-24-07 The engineering plans shall also contain any plans deemed necessary to show or document compliance with the City's ordinances pertaining to nonpoint source pollution control, on-site sewage facility rules, and any other applicable codes and ordinances of the City that are related to development of a land parcel. Cost estimates shall also be submitted with the engineering plans. For the purposes of this Ordinance, complete sets of engineering plans shall include the following plans or sheets(generally in this order), as well as any additional plans or sheets deemed necessary and requested by the City Engineer: -- Cover or title sheet -- Preliminary plat -- Final site plan (for nonresidential and multi-family projects only - see the Zoning Ordinance for specific requirements and approval procedures) -- Existing conditions plan, which shows existing topography, vegetation, tree inventory, existing natural and man-made physical features, etc. -- Existing tree survey and Tree Management Plan -- Grading, erosion control, and water quality control plans -- Paving and storm drainage plans -- Utility plans for water, sanitary sewer, etc. -- Traffic control plans (if necessary) -- Screening and retaining wall plans -- Landscaping and irrigation plans The applicant shall have these plans prepared by their own professional engineer(s), subject to approval of the plans by the City Engineer. The City Engineer shall review, or cause to be reviewed, the plans and specifications and if approved, shall mark them "Approved" and shall return one set to the applicant. If not approved, one set shall be marked with the objections noted and returned to the applicant for correction, whereupon the applicant's engineer shall correct the plans as requested and shall resubmit them back to the City Engineer for re-review. Engineering plans shall be prepared by or under the direct supervision of a professional engineer licensed in the State of Texas, as required by State law governing such professions and in accordance with this Ordinance and the City's Design Manuals and Standard Construction Details. All engineering plans submitted for City review shall be dated and shall bear the responsible engineer's registration number, his or her designation of "professional engineer" or "P.E.", and the engineer's seal. The City Engineer shall approve engineering plans when such plans meet all of the requirements of this Ordinance and the Design Manuals and Standard Construction Details. City of Wylie, Texas Subdivision Ordinance32 Adopted 2-25-03,Amended 7-24-07 Engineering plans shall be in conformance with the Design Manuals and Standard Construction Details and with the requirements set forth herein. Engineering plans showing paving and design details of streets, alleys, culverts, bridges, storm sewers, water mains, sanitary sewers, sidewalks, screening and retaining walls, landscape and irrigation plans (if appropriate), and other engineering details of the proposed subdivision at a scale of one inch equals 40 or 50 feet(1"=40' or 50') horizontally and one inch equals 4, 5, or 10 feet (1" = 4', 5' or 10') vertically shall be submitted to the City Engineer(or designee)along with a copy of the preliminary plat of the subdivision. The number of copies as specified by the City shall be submitted along with the preliminary plat submittal. As part of the engineering plans, a drainage plan showing how the drainage of each lot relates to the overall drainage plan for the plat under consideration shall be submitted. The drainage plan shall be made available to each builder within the proposed subdivision and all builders shall comply with the drainage plan. I. Revisions to Approved Preliminary Plat. It is generally recognized that minor revisions to the preliminary plat will probably be needed before the final plat can be filed at the County of Record. Such minor revisions as slight enlargement or shifting of easements or lot lines, addition of private or franchise utility easements, correction of bearings or distances, correction of minor labeling errors, addition of erroneously omitted informational items and labels, etc. may occur on the final plat without having to re- approve the preliminary plat. Major revisions, such as obvious reconfiguration of lot lines or easements, relocation of driveways or access easements or fire lanes, any modification to the perimeter or boundary of the property, and relocation or addition or deletion of any public improvement (including corresponding easement), shall necessitate re-submission and re-approval of the plat as a "revised preliminary plat". The procedures for such re-approval shall be the same as for a preliminary plat, and such re-approval may constitute a new project thus necessitating submission of a new application form, payment of new fees, and other requirements. Section 2.5: Procedures and Submission Requirements for Final Plat Approval 2.5 A. Within one hundred and eighty-three (183) days of approval of the preliminary plat, the applicant shall submit a final plat with all applicable engineering plans. The final plat shall conform to the preliminary plat, as approved, and shall incorporate all applicable conditions, changes, directions and additions imposed by the Planning and Zoning Commission and City Council upon the preliminary plat. The final plat shall not be submitted prior to approval of the preliminary plat (see Section 2.4 [c] for exception). Final plat applications which do not include the required data will be considered incomplete, shall not be accepted for submission by the City, and shall not be scheduled on a Commission agenda until the proper information is provided to City staff. City of Wylie, Texas Subdivision Ordinance33 Adopted 2-25-03,Amended 7-24-07 B. Information Required on a Final Plat. 1. The final plat shall contain all information that is required for a preliminary plat except that physical features of or on the land, such as topography, buildings, structures, water bodies and tree cover, shall not be shown on the final plat. 2. The final plat shall also provide a place for the County Clerk of appropriate County of Record to stamp the date and location where the plat will be filed("Volume or Cabinet , Page or Slide ") in the lower right-hand corner of the plat drawing. 3. All aspects of the final plat shall conform to the standards of appropriate County of Record for plats with respect to clarity, sheet size, lettering size and reproducibility. It is the applicant's responsibility to be familiar with the County's standards for filing plats and to comply with same. 4. The final plat shall contain the following certificates and approval/acceptance language. (a) Property Owner's Certificate(required): STATE OF TEXAS COUNTY OF § WHEREAS, [ Name(s) ] is(are) the Owner(s) of a tract of land situated in the [ ] Survey,Abstract No. [ ],Appropriate County of Record,Texas and being out of a[ ] acre tract conveyed to him(them) by [ ], and a [ ] acre tract conveyed to him(them) by [ ], and being more particularly described as follows: (Enter accurate metes and bounds property description here) NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That , acting herein by and through his (its) duly authorized officers, does hereby adopt this plat designating the herein above described property as , an addition to the City of Wylie, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets, rights-of-way, and other public improvements shown thereon. The streets and alleys, if any, are dedicated for street purposes. The easements and public use areas, as shown, are dedicated, for the public use forever, for the purposes indicated on this plat. No buildings, fences, trees, shrubs or other improvements or growths shall be constructed or placed upon, over or across the easements as shown, except that landscape improvements may be placed in landscape easements,if approved by the City Council of the City of Wylie. In addition,utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Wylie's use thereof. City of Wylie, Texas Subdivision Ordinance34 Adopted 2-25-03,Amended 7-24-07 The City of Wylie and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs or other improvements or growths which may in any way endanger or interfere with the construction,maintenance,or efficiency of their respective systems in said easements. The City of Wylie and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time procuring permission from anyone. This plat approved subject to all platting ordinances, rules, regulations and resolutions of the City of Wylie, Texas. WITNESS, my hand, this the day of , 20 BY: Authorized Signature of Owner Printed Name and Title STATE OF TEXAS § COUNTY OF § Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , Owner, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and considerations therein expressed. Given under my hand and seal of office,this day of ,20 . Notary Public in and for the State of Texas My Commission Expires On: (b) Surveyor's Certificate (required): KNOW ALL MEN BY THESE PRESENTS: That I, , do hereby certify that I prepared this plat from an actual and accurate survey of the land and that the corner monuments shown thereon as set were properly placed under my personal supervision in accordance with the Subdivision Ordinance of the City of Wylie. (seal) Signature of Registered Public Land Surveyor Registration No. City of Wylie, Texas Subdivision Ordinance35 Adopted 2-25-03,Amended 7-24-07 STATE OF TEXAS § COUNTY OF § Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , Land Surveyor, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and considerations therein expressed. Given under my hand and seal of office,this day of ,20 . Notary Public in and for the State of Texas My Commission Expires On: (c) Approval Block: "RECOMMENDED FOR APPROVAL" Chailuian, Planning & Zoning Commission Date City of Wylie, Texas "APPROVED FOR CONSTRUCTION" Mayor, City of Wylie, Texas Date "ACCEPTED" Mayor, City of Wylie, Texas Date City of Wylie, Texas Subdivision Ordinance36 Adopted 2-25-03,Amended 7-24-07 The undersigned, the City Secretary of the City of Wylie, Texas, hereby certifies that the foregoing final plat of the subdivision or addition to the City of Wylie was submitted to the City Council on the day of ,20 ,and the Council,by formal action, then and there accepted the dedication of streets, alley, parks, easement,public places, and water and sewer lines as shown and set forth in and upon said plat and said Council further authorized the Mayor to note the acceptance thereof by signing his name as hereinabove subscribed. Witness my hand this day of , A.D., 20 . City Secretary City of Wylie, Texas (d) Special Notice: NOTICE: Selling a portion of this addition by metes and bounds is a violation of City ordinance and State law, and is subject to fines and withholding of utilities and building permits. (e) Minor Plat Signature Block: APPROVED AND ACCEPTED This plat is hereby approved in accordance with Section 2.11.B of the City of Wylie Subdivision Regulations (Ordinance No. 2003-03). Planning Director Date City of Wylie, Texas City of Wylie, Texas Subdivision Ordinance37 Adopted 2-25-03,Amended 7-24-07 5. Visibility, Access and Maintenance Easements (to be used if applicable): The area or areas shown on the plat as "VAM" (Visibility, Access and Maintenance) Easement(s) are hereby given and granted to the City, its successors and assigns, as an easement to provide visibility, right of access for maintenance upon and across said VAM Easement. The City shall have the right but not the obligation to maintain any and all landscaping within the VAM Easement. Should the City exercise this maintenance right, then it shall be permitted to remove and dispose of any and all landscaping improvements, including without limitation, any trees, shrubs, flowers, ground cover and fixtures. The City may withdraw maintenance of the VAM Easement at any time. The ultimate maintenance responsibility for the VAM Easement shall rest with the owners. No building, fence, shrub, tree or other improvements or growths, which in any way may endanger or interfere with the visibility, shall be constructed in, on, over or across the VAM Easement. The City shall also have the right but not the obligation to add any landscape improvements to the VAM Easement, to erect any traffic control devices or signs on the VAM Easement and to remove any obstruction thereon. The City, its successors, assigns, or agents shall have the right and privilege at all times to enter upon the VAM Easement or any part thereof for the purposes and with all rights and privileges set forth herein. 6. Access Easements (to be used if applicable): The undersigned does covenant and agree that the access easement may be utilized by any person or the general public for ingress and egress to other real property, and for the purpose of general public vehicular and pedestrian use and access, and for fire department and emergency use in, along, upon and across said premises, with the right and privilege at all times of the City of Wylie, its agents, employees, workmen and representatives having ingress,egress, and regress in,along,upon and across said premises. 7. Other Plat Language. The plat shall include any other applicable language, such as for drainage, floodway or other special types of easements, or such as for a private street subdivision, as deemed appropriate and necessary by the City for the purpose of protecting the public health, safety and welfare. Applicable plat languages are available at the City upon request. C. Standards for Approval. No final plat shall be reviewed by the Planning and Zoning Commission or approved by the City Council unless the following standards have been met: 1. The plat substantially conforms with the approved preliminary plat and other studies and plans, as applicable; City of Wylie, Texas Subdivision Ordinance38 Adopted 2-25-03,Amended 7-24-07 2. The construction and installation of required public improvements and City utilities has been completed and the improvements have been accepted by the City as conforming to the City's regulations and design standards (or the proper assurances for construction of the improvements have been submitted and approved by the City, per Section 6); and 3. The plat conforms to applicable zoning, subdivision and other development related regulations,including the City's nonpoint source pollution control ordinance(Article 11.100 of the Code of Ordinances, as amended), on-site sewage facility rules (as applicable; Article 11.200 of the Code of Ordinances, as amended), and any other applicable codes or ordinances of the City that are related to development of a land parcel. D. Once the engineering plans are approved by the City Engineer, the property owner shall provide additional sets of the approved plans to the City, as specified by the City Engineer, for use during construction. A full set of the City-approved engineering plans must be available for inspection on the job site at all times. E. When all of the improvements are found to be constructed and completed in accordance with the approved plans and specifications and with the City's standards, and upon receipt by the City of Wylie of a maintenance bond or certificate of deposit in accordance with Section 6 of this Ordinance from each contractor, three (3) sets of"AS BUILT" (or "Record Drawing")plans and one (1) set of"As-Built" or"Record Drawing" sepias shall be submitted with a letter stating the contractor's compliance with this Ordinance. After such letter is received, the City Engineer shall receive and accept for the City of Wylie the title, use and maintenance of the improvements according to Section 6.7. The final plat shall not be filed with the County approved prior to receipt of the above letter and other items, nor prior to acceptance of the improvements by the City. F. Timing of Public Improvements. 1. The City Engineer may pet all or some of the public improvements to be installed, offered for dedication, or accepted by the City after approval of the final plat by the City Council if there exists a compelling reason that is consistent with the public health, safety or welfare to do so (also see Section 6). The City Council may permit or require the deferral of the construction of public improvements if, in its judgment, deferring the construction would not result in any harm to the public or would offer significant advantage in coordinating the site's development with adjacent properties and off-site public improvements. The deferred construction of any required public improvement(s) must be approved by the City Council at the time of final plat approval, and the necessary assurances for completion of the improvements,in accordance with Section 6, shall be a stipulation, or condition, of approval of the preliminary or final plat. City of Wylie, Texas Subdivision Ordinance39 Adopted 2-25-03,Amended 7-24-07 2. If the City Council does not require that all public improvements be installed, offered for dedication, or accepted by the City prior to approval of the final plat,the applicant shall provide assurances or security for the completion of the improvements or escrowed funds, as provided in Section 6. G. Effect of Approval. Approval of a final plat authorizes the property owner, upon fulfillment of all requirements and conditions of approval and upon completion of construction of all required improvements (or submission of the proper assurances for construction of same,per Section 6), to submit the final copies, or mylars, of the plat for filing at appropriate County of Record. Lots may be sold only when the final plat has been approved by the City Council and the plat has been filed at the appropriate County of Record. No conveyance or sale of any portion or lot of the property may occur until after the final plat is approved by the City Council and filed at the appropriate County of Record. H. Subsequent to acceptance of public improvements by the City Engineer, the applicant shall return copies of the final plat,with any other required documents and necessary fees attached thereto, to the City Planner. All necessary filing materials, including mylars, and blueline copies all bearing original signatures and seals. In addition to mylar copies and a computer disk containing the digital plat file(s)required by the City Planner, shall be submitted to the City with the required fees. The City Planner shall secure the signatures of City of Wylie authorities, and return the signed original plats to the applicant within(30) days of receipt. The applicant shall file the final plat at the office of the County Clerk of the appropriate County of Record within thirty (30) calendar days following signing by the City. The applicant shall return to the City Planner one (1) mylar and six (6) blue-line copies of the filed plat. Section 2.6: (reserved) Section 2.7: Development Plats 2.7 A. Authority. This Section is adopted pursuant to the Texas Local Government Code, Chapter 212, Subchapter B, Sections 212.041 through 212.050, as amended. B. Applicability. For purposes of this Section, the term "development" means the construction of any building, structure or improvement of any nature (residential or nonresidential), or the enlargement of any external dimension thereof. This Section shall apply to any land lying within the City or within its extraterritorial jurisdiction in the following circumstances: 1. The development of any tract of land which has not been platted or replatted prior to the effective date of this Ordinance, unless expressly exempted herein; 2. The development of any tract of land for which the property owner claims an exemption from the City's Subdivision Ordinance, including requirements to replat, which exemption is not expressly provided for in such regulations; City of Wylie, Texas Subdivision Ordinance40 Adopted 2-25-03,Amended 7-24-07 3. The development of any tract of land for which the only access is a private easement or street; 4. The division of any tract of land resulting in parcels or lots each of which is greater than five (5) acres in size, and where no public improvement is proposed to be dedicated. C. Exceptions. No development plat shall be required, where the land to be developed has received final plat or replat approval prior to the effective date of this Ordinance. The City Council may, from time to time, exempt other development or land divisions from the requirements of this Section. D. Prohibition on Development. No development shall commence, nor shall any building permit,utility connection permit,electrical connection permit or similar permit be issued, for any development or land division subject to this Section,until a development plat has been reviewed by the Commission, approved by the City Council, and submitted to the City for filing at the County. Notwithstanding the provisions of this Section, the City shall not require building permits or otherwise enforce the City's Building Code in the City's extraterritorial jurisdiction in relation to any development plat required by this Subdivision Ordinance. E. Standards of Approval. The development plat shall not be approved until the following standards have been satisfied: 1. The proposed development conforms to all City plans, including but not limited to, the Comprehensive Plan, utility plans and applicable capital improvements plans; 2. The proposed development conforms to the requirements of the Zoning Ordinance (if located within the City's corporate limits) and the Subdivision Ordinance; 3. The proposed development is adequately served by public facilities and services, parks and open space in conformance with City regulations; 4. Appropriate agreements for acceptance and use of public dedications to serve the development have been tendered; and 5. The proposed development conforms to the design and improvement standards contained in this Ordinance and in the City's Design Manuals and Standard Construction Details, and to any other applicable codes or ordinances of the City that are related to development of a land parcel. F. Conditions. The City Council may impose such conditions on the approval of the development plat as are necessary to assure compliance with the standards in Subsection (e) above. City of Wylie, Texas Subdivision Ordinance41 Adopted 2-25-03,Amended 7-24-07 G. Approval Procedure. The application for a development plat shall be submitted to the City in the same manner as a final plat (see Sections 2.5), and shall be approved, conditionally approved, or denied by the City Council following review and recommendation by the Planning and Zoning Commission in a similar manner as a final plat. Upon approval, the development plat shall be filed at the County by the City in the same manner as prescribed for a final plat, and approval of a development plat shall expire if all filing materials are not submitted to the City Planner and if the plat is not filed at the County within the time periods specified for a final plat. H. Submittal Requirements - In addition to all information that is required to be shown on a final plat(see Section 2.5), a development plat shall: 1. Be prepared by a registered professional land surveyor; 2. Clearly show the boundary of the development plat; 3. Show each existing or proposed building, structure or improvement or proposed modification of the external configuration of the building, structure or improvement involving a change therein; 4. Show all easements and rights-of-way within or adjacent to the development plat; and 5. Be accompanied by the required number of copies of the plat,a completed application form, the required submission fee, and a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with Section 1.10. Section 2.8: Replatting 2.8 A. Replat Required. Unless otherwise expressly provided for herein, a property owner who proposes to replat any portion of an already approved final plat, other than to amend or vacate the plat, must first obtain approval for the replat under the same standards and by the same procedures prescribed for the final platting of land by this Ordinance. All improvements shall be constructed in accordance with the same requirements as for a preliminary or final plat, as provided herein. The City Planner may waive or modify requirements for a preliminary replat under certain circumstances where the proposed replat does not involve a large land parcel or an existing structure or business on the subject property, and where the proposed plat revisions are relatively simple in nature. B. Replatting Without Vacating Preceding Plat. A replat of a final plat or portion of a final plat may be recorded and is controlling over the preceding plat without vacation of that plat if the replat: 1. Is signed and acknowledged by only the owners of the property being replatted; 2. Is approved, after parties in interest and citizens have an opportunity to be heard,by the Planning and Zoning Commission and by the City Council; and City of Wylie, Texas Subdivision Ordinance42 Adopted 2-25-03,Amended 7-24-07 3. Does not attempt to amend or remove any covenants or restrictions previously incorporated in the final plat. C. Previous Requirements or Conditions of Approval Which Are Still Valid. In addition to compliance with(b) above, a replat without vacation of the preceding plat must conform to the requirements of this Section if: 1. During the preceding five (5) years, any of the area to be replatted was limited by an interim or permanent zoning classification to residential use for not more than two (2)residential units per lot; or 2. Any lot in the preceding plat was limited by deed restrictions to residential use for not more than two (2) residential units per lot. D. If the neighboring property owners file with the City a written protest of the replatting, or if the replat requires a variance or waiver as defined in Section 1.9, then approval of the replat will require the affirmative vote of at least three-fourths (3/4) of the City Council members present and voting. For a legal protest, written instruments signed by the owners of at least twenty percent (20%) of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending two hundred feet(200') from that area, but within the original subdivision, must be filed with the City prior to action by the Planning and Zoning Commission. In computing the percentage of land area subject to the "20% rule" described above, the area of streets and alleys shall be included. E. Any replat which adds or deletes lots must include the original subdivision and lot boundaries. If a replat is submitted for only a portion of a previously platted subdivision, the replat must reference the previous subdivision name and recording information, and must state on the replat the specific lots which have changed. F. If the previous plat is vacated as prescribed in Section 212.013 of the Texas Local Government Code, as amended, a public hearing is not required for a replat of the area vacated. G. The replat of the subdivision shall meet all the requirements for a final plat for a new subdivision that may be pertinent, as provided for herein. H. The title shall identify the document as a"Final Plat"of the" Addition,Block , Lot(s) , Being a Replat of Block , Lot(s) of the Addition, an addition to the City of Wylie, Texas, as recorded in Volume/Cabinet , Page/Slide of the Records of(the appropriate) County of Record, Texas". I. An application submittal for a replat shall be the same as for a final plat, and shall be accompanied by the required number of copies of the plat, a completed application form, the required submission fee, and a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with Section 1.10. City of Wylie, Texas Subdivision Ordinance43 Adopted 2-25-03,Amended 7-24-07 J. The replat shall be filed at the County in the same manner as prescribed for a final plat, and approval of a replat shall expire if all filing materials are not submitted to the City, and if the replat is not filed at the County within the time periods specified for a final plat. Section 2.9: Amending Plats 2.9 A. An amended plat shall meet all of the informational and procedural requirements set forth for a final plat, and shall be accompanied by the required number of copies of the plat, a completed application form, the required submission fee, and a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with Section 1.10. B. The City Planner may approve an amending plat, which may be recorded and is controlling over the preceding or final plat without vacation of that plat, if the amending plat is signed by the applicants only and if the amending plat is for one or more of the purposes set forth in this Section. The procedures for amending plats shall apply only if the sole purpose of the amending plat is to: 1. Correct an error in a course or distance shown on the preceding plat; 2. Add a course or distance that was omitted on the preceding plat; 3. Correct an error in a real property description shown on the preceding plat; 4. Indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments; 5. Show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat; 6. Correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats, including lot numbers, acreage, street names, and identification of adjacent recorded plats; 7. Correct an error in courses and distances of lot lines between two adjacent lots if: (a) Both lot owners join in the application for amending the plat; (b) Neither lot is abolished; (c) The amendment does not attempt to remove recorded covenants or restrictions; and (d) The amendment does not have a material adverse effect on the property rights of the owners in the plat; 8. Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement; City of Wylie, Texas Subdivision Ordinance44 Adopted 2-25-03,Amended 7-24-07 9. Relocate one or more lot lines between one or more adjacent lots if: (a) The owners of all those lots join in the application for amending the plat; (b) The amendment does not attempt to remove recorded covenants or restrictions; and (c) The amendment does not increase the number of lots; or 10. To make necessary changes to the preceding plat to create six (6) or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if: (a) The changes do not affect applicable zoning and other regulations of the City; (b) The changes do not attempt to amend or remove any covenants or restrictions; and (c) The area covered by the changes is located in an area that the City Council has approved, after a public hearing, as a residential improvement area. C. The City Planner may, at his or her discretion and for any reason, elect to present the amending plat to the Planning and Zoning Commission and City Council for consideration and approval. Any decision made on the amending plat by the City Planner shall be approval of the plat. Should the City Planner refuse to approve the amending plat, then the plat shall be referred to the Commission and the City Council for consideration within the time period required by State law. D. Notice, a public hearing, and the approval of other lot owners are not required for the approval and issuance of an amending plat. E. The amended plat shall be entitled and clearly state that it is an "amended plat." It shall also state the specific lots affected or changed as a result of the amended plat, and shall include the original subdivision plat boundary. All references to "final plat" or "replat" shall be removed. F. Other than noted above, the procedure for approval of plat amendment(s) shall be the same as in Section 2.8. G. The amending plat shall be filed at the County in the same manner as prescribed for a final plat, and approval of an amending plat shall expire if all filing materials are not submitted to the City Secretary, and if the plat is not filed at the County within the time periods specified for a final plat. Section 2.10: Plat Vacation 2.10 A. By Property Owner. The property owner of the tract covered by a plat may vacate,upon review by the Commission and approval by the City Council, the plat at any time before any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat (instrument language is available from the City, upon request). City of Wylie, Texas Subdivision Ordinance45 Adopted 2-25-03,Amended 7-24-07 B. By All Lot Owners. If some or all of the lots covered by the plat have been sold,the plat, or any part of the plat, may be vacated on the application of all the owners of lots in the plat with approval obtained in the manner prescribed for the original plat. C. Criteria. The Planning and Zoning Commission shall review, and the City Council shall approve,the petition for vacation on such terms and conditions as are in accordance with Section 212.013 of the Texas Local Government Code (as amended), and as are reasonable to protect the public health, safety and welfare. As a condition of vacation of the plat, the City Council may direct the petitioners to prepare and seek approval of a revised final plat in accordance with this Ordinance such that the property does not become"unplatted". D. Effect of Action. On the execution and recording of the vacating instrument, the vacated plat shall have no effect. Regardless of the Commission's and Council's action on the petition, the property owner will have no right to a refund of any monies, fees or charges paid to the City nor to the return of any property or consideration dedicated or delivered to the City except as may have previously been agreed to by the Commission and City Council. E. City-Initiated Plat Vacation. 1. General Conditions. The City Council, on its motion, may vacate the plat of an approved subdivision or addition when: (a) No lots within the approved plat have been sold within five (5) years following the date that the plat was signed by the City; (b) The property owner has breached an improvement agreement and the City is unable to obtain funds with which to complete construction of public improvements,except that the vacation shall apply only to lots owned by property owner or its successor; or (c) The plat has been of record for more than five (5) years and the City determines that the further sale of lots within the subdivision or addition presents a threat to public health, safety or welfare, except that the vacation shall apply only to lots owned by the property owner or its successors. 2. Procedure. Upon any motion of the Planning and Zoning Commission or City Council to vacate the plat of any previously approved subdivision or addition, in whole or in part, the City shall publish notice in a newspaper of general circulation in the County. The City shall also provide personal notice to all property owners within the subdivision or addition and to the City Council. The notice shall state the time and place for a public hearing on the motion to vacate the subdivision or addition plat. The Commission shall recommend approval and the City Council shall approve the vacation only if the criteria and conditions cited above are satisfied. City of Wylie, Texas Subdivision Ordinance46 Adopted 2-25-03,Amended 7-24-07 3. Record of Notice. If the Commission and City Council approve vacating a plat, the City Secretary shall record a copy of the resolution or ordinance in the office of the County Clerk of the appropriate County of Record with a copy of the area or plat vacated. The County Clerk shall write legibly on the vacated plat the word"vacated" and shall enter on the plat a reference to the volume and page at which the vacating instrument is recorded. If the Commission and City Council adopt a resolution or ordinance vacating a plat in part, it shall cause a revised final plat to be recorded which shows that portion of the original plat that has been vacated and that portion that has not been vacated. On the execution and recording of the vacating instrument the vacated plat has no effect. Section 2.11: Minor Plats 2.11 A. A minor plat shall meet all of the informational and procedural requirements set forth for a final plat, and shall be accompanied by the required number of copies of the plat, a completed application form, the required submission fee, and a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with Section 1.10. B. The City Planner may approve a minor plat, or may, for any reason, elect to present the minor plat to the Planning and Zoning Commission and City Council for consideration and approval. Any decision made on the minor plat by the City Planner shall be approval of the plat. Should the City Planner refuse to approve the minor plat, then the plat shall be referred to the Planning and Zoning Commission and/or City Council for consideration within the time period required by State law. C. Notice, a public hearing, and the approval of other lot owners are not required for the approval a minor plat. D. The minor plat shall be entitled and clearly state that it is a "minor plat." F. The minor plat shall be filed at the County in the same manner as prescribed for a final plat, and approval of a minor plat shall expire if all filing materials are not submitted to the City and if the plat is not filed at the County within the time periods specified for a final plat. Section 2:12: Abandonment of right-of-way 2.12 A. Abandonment of right-of-way may be applied for under the following conditions: 1. The request shall be initiated by an abutting property owner of the right-of-way to be abandoned. 2. All property owners abutting such right-of-way shall be notified by the applicant of such request by certified letter. A written response from each abutting property owner must be received by the City prior to staff review. City of Wylie, Texas Subdivision Ordinance47 Adopted 2-25-03,Amended 7-24-07 3. All public utilities that have an easement or facilities in the right-of-way that is the subject of the request must consent in writing to the abandonment.If it is determined following review of the application by city staff that ongoing utility interests be protected through easement dedications, the applicant or his authorized agent shall be required to develop and submit a plat dedicating such easements. 4. A summary of how the city acquired the right-of-way to be abandoned shall be included with the documentation provided by the applicant. 5. A certified appraisal of the value of the land to be abandoned shall be submitted to the city by the applicant. The City Council may waive the requirement for an appraisal if Council deems that it is in the best interest of the City and if allowed by law. 6. An explanation which identifies why the proposed use of the land to be abandoned is of more benefit to the community under private ownership than retention of the land as public right-of-way shall be provided by the applicant. 7. All property owners abutting such right-of-way must execute a release of claims agreement, and indemnify the City of Wylie against all suits, costs, expenses, and damages that may arise or grow out of such abandonment, which agreement shall be provided by the City of Wylie. 8. When the required documents, including those sent to public agencies and abutting property owners, along with a cashier's check in the amount of the fair market value has been presented to the Planning Department, a Staff Report will be prepared and then attached to the ordinance for placement on an upcoming Council agenda. The party requesting the abandonment shall be sent advance written notice of the date, time and place that said request will be heard by the City Council. 9. A plat or replat shall be submitted to the City combining the abandoned right-of-way into the adjacent platted lots. Such plat or replat shall be submitted to the city within six (6) months of City Council approval or the approval of the abandonment shall expire and be automatically revoked. Abandonment of right-of-way shall not be considered complete until such plat or replat has been prepared in accordance with this ordinance,and approved by the Planning and Zoning Commission, and filed with the appropriate county. B. Procedure: Formal application for right-of-way abandonment shall be made by the applicant submitting to the Planning Department an application and all required documentation stating reason for abandonment and a description of the land. The City Council shall have the final authority to approve or deny an abandonment request. Applications shall be obtained from the Planning Department. A cashier's check for the fair market value of the right-of-way shall be submitted along with the completed application for abandonment. In the event abandonment is City of Wylie, Texas Subdivision Ordinance48 Adopted 2-25-03,Amended 7-24-07 not granted by City Council, the funds provided will be fully refunded to the purchaser(s). The applicant shall have six (6)months from the date of City Council approval of the abandonment to submit and file a plat or replat with the county to incorporate the abandoned right-of-way into the adjacent platted lot(s). No permits shall be issued without a filed plat. The approval shall expire on the last day of the six-month period if all steps are not completed. Reapproval of an abandonment by the City Council may be applied for at any time subsequent to the date such abandonment becomes invalid by following the procedures set forth herein. If the Director of Planning or City Council should deem changes necessary in the reapproval of an abandonment in light of new or significant information or requirements, it shall so inform the applicant. C. Content: The plat or replat shall be in accordance with the requirements of this Subdivision Ordinance and a note identifying what is being abandoned shall be shown on the plat or replat. D. Abandonment of Fire Lanes: 1. In instances where fire lanes are depicted on a plat of record,the owner of the property may submit request for a certificate of abandonment to remove the fire lane from the plat. The request shall be submitted to the Director of Planning in the manner prescribed by the Director. 2. The request shall include an accurate diagram of the proposed abandonment and reference the exact name of the plat, including volume and page number where the plat was recorded. The request shall be forwarded to the City Council for consideration. 3. Notwithstanding any action regarding the certificate of abandonment of a platted fire lane, fire lanes shall be provided in accordance with the City of Wylie Fire Code. 4. The certificate of abandonment for a fire lane shall expire if it is not filed with the appropriate county clerk within six (6) months from the date of approval. City of Wylie, Texas Subdivision Ordinance49 Adopted 2-25-03,Amended 7-24-07 III. SUBDIVISION DESIGN STANDARDS Section 3.1: Streets 3.1 A. The arrangement, character, extent,width, grade and location of all streets shall conform to the City of Wylie's Thoroughfare Plan and Four Cities Thoroughfare Plan as well as Design Manuals and Standard Construction Details, and shall be considered in their relation to existing and planned streets or driveways (whether within the City of Wylie, within its ETJ area, or within adjacent municipal or County areas), to topographical conditions, to public safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. Reserve or residual strips of land controlling access to or egress from other property, or to or from any street or alley, or having the effect of restricting or damaging the adjoining property for subdivision purposes, or which will not be taxable or accessible for improvements shall not be permitted in any subdivision unless such are required by the City in the public interest (such as to enhance public safety or other public interest). All streets shall be constructed in accordance with the City's Design Manuals and Standard Construction Details. B. Adequacy of Streets and Thoroughfares. 1. Responsibility for Adequacy of Streets and Thoroughfares. The property owner shall assure that the subdivision is served by adequate streets and thoroughfares, and shall be responsible for the costs of all rights-of-way and street improvements adjacent to the development,in accordance with the following policies and standards,and subject to the City's cost participation policies on oversized facilities. 2. General Adequacy Policy. Every subdivision shall be served by improved streets and thoroughfares adequate to accommodate the vehicular traffic to be generated by the development. Proposed streets shall provide a safe,convenient and functional system for traffic circulation; shall be properly related to the City's Thoroughfare Plan, road classification system, Comprehensive Plan and any amendments thereto; and shall be appropriate for the particular traffic characteristics of each development. 3. Road Network. New subdivisions shall be supported by a road network having adequate capacity, ingress/egress, and safe and efficient traffic circulation. The adequacy of the road network for developments of one hundred (100) or more dwelling units, or for developments generating one thousand (1,000) or more "one- way" trips per day, or for developments involving collector or arterial streets not appearing on the City's adopted Thoroughfare Plan, or where deemed required by the City Engineer, shall be demonstrated by preparation and submission, along with the concept plan or preliminary plat application, of a traffic impact analysis prepared in accordance with Subsection (f), Traffic Impact Analysis, which takes City of Wylie, Texas Subdivision Ordinance50 Adopted 2-25-03,Amended 7-24-07 into consideration the need to accommodate traffic generated by the development, land to be developed in common ownership and other developed property. In the event that the property to be developed is intended as a phase in a larger development project, or constitutes a portion of the land to be ultimately developed, the City Council may require a demonstration of adequacy pursuant to this Section for additional phases or portions of the property as a condition of approval for the proposed concept plan or plat. In the event that the applicant submits a traffic impact analysis for an entire phased development project, the City may require an update of the study for later phases of the development. If the concept plan or plat is in conformance with the Thoroughfare Plan and if the concept plan or plat is for a development of less than one hundred (100) dwelling units or for a development generating less than one thousand (1,000) "one-way" trips per day, then a traffic impact analysis may be required at the discretion of the City Engineer. 4. Approach Roads and Access. All subdivisions must have at least two (2) points of vehicular access (primarily for emergency vehicles), which must be connected via improved roadways to the City's improved thoroughfare and street system by one or more approach roads of such dimensions and improved to such standards as are hereinafter set forth. Requirements for dedication of right-of-way and improvement of approach roads may be increased depending upon the size or density of the proposed development, or if such need is demonstrated by traffic impact analysis. "Two (2)points of vehicular access" shall be construed to mean that the subdivision has at least two (2) improved roads accessing the subdivision from the City's improved thoroughfare system, and the subdivision has at least two road entrances. The City Council may, at its discretion and upon a finding that such will not compromise public safety or impede emergency access, accept a single median- divided entrance from the City's improved thoroughfare system provided that the median extends into the subdivision to an intersecting internal street which provides at least two (2) routes to the interior of the subdivision. For example, the entrance street is not a dead-end or cul-de-sac, and it does not create a "bottleneck" allowing only one emergency route into the interior of the subdivision. The subdivision shall be designed to provide adequate emergency access for public safety vehicles. Each residential lot in the subdivision shall have a minimum frontage on a dedicated street as required by applicable zoning or thirty(30') feet, whichever is greater, unless other provisions have been authorized through planned development approval. 5. Off-Site Improvements. Where traffic impact analysis demonstrates the need for such facilities,the property owner shall make such improvements to off-site collector and arterial streets and intersections as are necessary to mitigate traffic impacts generated by the development or related developments. City of Wylie, Texas Subdivision Ordinance51 Adopted 2-25-03,Amended 7-24-07 6. Street Dedications. (a) Dedication of Right-of-Way. The property owner shall provide all rights-of-way required for existing or future streets, and for all required street improvements, including perimeter streets and approach roads, as shown in the Thoroughfare Plan, Design Manuals and Standard Construction Details or other valid development plans approved by City Council. In the case of perimeter streets, half of the total required right-of-way width for such streets shall be provided unless the proposed development is on both sides of the street, in which case the full right-of-way width shall be provided. In some instances, more than half of the required width shall be required when a half street is impractical or unsafe and depending upon the actual or proposed alignment of the street, such as in the case of a curved street, as may be required by the City Council. (b) Perimeter Streets. Where an existing half-street is adjacent to a new subdivision or addition, the other half of the street shall be dedicated, and an appropriate amount of the street shall be improved, by the developer of the subdivision or addition. (c) Slope Easements. The dedication of easements, in addition to dedicated rights- of-way shall be required whenever, due to topography, additional width is necessary to provide adequate earth slopes. Such slopes shall be no steeper than three (3) feet horizontal run to one (1) foot vertical height, or a three-to-one(3:1) slope. 7. Street Construction. All streets and thoroughfares shall be constructed and paved to City standards and within rights-of-way as required by the Thoroughfare Plan and this Ordinance, and in accordance with the Design Manuals and Standard Construction Details and other regulations as may be from time to time amended or adopted by the City Council. 8. Intersection Improvements and Traffic Control Devices shall be installed as warranted in accordance with the traffic impact analysis. Construction and design standards shall be in accordance with City Design Manuals and Standard Construction Details. 9. Phased Development. Where a subdivision is proposed to occur in phases, the applicant, in conjunction with submission of the preliminary plat, shall provide a schedule of development. The schedule shall set forth the intended plan of development and dedication of rights-of-way for streets and street improvements, whether on-site or off-site, intended to serve each proposed phase of the subdivision. The City Engineer shall determine whether the proposed streets and street improvements are adequate pursuant to standards herein established, and may require that a traffic impact analysis be submitted for the entire project or such phases as the City determines to be necessary to adjudge whether the subdivision will be adequately served by streets and thoroughfares. City of Wylie, Texas Subdivision Ordinance52 Adopted 2-25-03,Amended 7-24-07 10. Private Streets. Subdivisions having private streets may be established only under the terms set forth in this Section, and pursuant to any other ordinances or guidelines for private street developments as may be adopted for use by the City either as part of this Ordinance or as separate ordinances or policies. All private streets shall be designed and constructed in accordance with the City's Design Manual and Standard Construction Details for publicly dedicated streets. The term "Private Street" shall be inclusive of alleys, if such are to be provided within the subdivision. (a) Private Streets: Subdivision Eligibility Criteria. Private streets shall be permitted only within a subdivision satisfying each of the following criteria: (1) The subdivision shall have a sufficient number of lots and value to demonstrate through an approved economic analysis the viability of private maintenance by the development served; and (2) The streets to be restricted to private use are not intended for regional or local through traffic circulation (see Subsection 3.1c.10.(b)below); and (3) The subdivision is located in an area that is surrounded on three (3) sides, meaning at least seventy-five percent (75%) of the perimeter, by natural or man-made barriers, so as to be accessible from only a single direction of the compass; and (4) The subdivision is located adjacent to an existing or approved public street that can be reasonably connected, even though the street connection may require construction of a bridge or culvert; and (5) A mandatory property owners (homeowners) association, which includes all property to be served by the private streets, shall be formed and shall be responsible for maintenance of the private streets and alleys. (see Subsection 3.1c.10.(e)below and Section 4.3); and (6) The subdivision conforms to any other special guidelines for private street developments as may be approved separately by the City Council. (b) Private Streets: Certain Streets Excluded. Roads or streets that are shown on the City's Thoroughfare Plan, such as highways, major or minor thoroughfares or arterials,or collectors, shall not be used,maintained or constructed as private streets, and a private street subdivision shall not cross or interfere with an existing or future collector or arterial street. Also, the Planning and Zoning Commission and City Council may deny the creation of any private street if, in their sole judgment,the private street would negatively affect traffic circulation on public streets, or if it would impair access to the subject or adjacent property; impair access to or from public facilities including schools or parks; or if it would cause possible delays in the response time of emergency vehicles. City of Wylie, Texas Subdivision Ordinance53 Adopted 2-25-03,Amended 7-24-07 (c) Private Streets: Parks, Greenbelts and Wildlife Preserves Excluded. A private street subdivision shall not cross or interfere with public access to an existing or future public pedestrian pathway, hike and bike trail, greenbelt, park or wildlife preserve as shown on the City of Wylie's Parks and Open Space Master Plan or as already dedicated for public use. (d) Private Streets: Property Owners or Homeowners Association Required. Subdivisions developed with private streets shall have a mandatory property owners association which includes all property and lots served by the private streets (see Section 4.3). The association shall own and be responsible for the maintenance of private streets and appurtenances. The association documents shall be reviewed and approved by the City Planner and the City Attorney to ensure that they conform to these and other applicable City rules and regulations. The documents shall be filed of record at the appropriate County prior to final plat acceptance in order to ensure that there is an entity in place for long-term maintenance of private streets and appurtenances. The association may not be dissolved without the prior written consent of the City Council. No portion of the association documents pertaining to the maintenance of private streets and alleys, and assessments therefore, may be amended without the written consent of the City Council. The City will not assist in enforcing deed restrictions. (e) Private Streets: Private Street Lot. Private streets must be constructed within a separate lot owned by the property owners association. This lot must conform to the City's standards for public street rights-of-way. An easement covering the street lot shall be granted to the City providing unrestricted access to and use of the property for any purpose deemed necessary by the City. This right shall also extend to all utility providers operating within the City and to other necessary governmental service providers, such as the U.S.Postal Service. The easement shall also permit the City to remove any vehicle or obstacle within the street lot that may impair emergency access. (f) Private Streets: Construction and Maintenance Cost. The City shall not pay for any portion of the cost of constructing or maintaining a private street. (g) Private Streets: Infrastructure and Utilities. Any public water, sewer and drainage facilities, street lights,and traffic control devices, such as traffic signs, placed within the private street lot shall be designed and constructed to City standards, and shall be accepted by and dedicated to the City prior to filing the record plat for the subdivision.All private traffic control devices and regulatory signs shall conform to the"Texas Manual of Uniform Traffic Control Devices", as amended, and to City standards. City of Wylie, Texas Subdivision Ordinance54 Adopted 2-25-03,Amended 7-24-07 The metering for utilities such as water, gas and electricity shall be located on the individual lots to be served, not grouped together in a centralized location(s), such as "gang-box" style metering stations, which shall not be permitted. (h) Private Streets: Plans and Inspections. Development applications for subdivisions with private streets must include the same plans and engineering information required for public streets and utilities. City requirements pertaining to inspection and approval of improvements shall apply, and fees charged for these services shall also apply. The City may periodically inspect private streets, and may require any repairs necessary to ensure efficient emergency access and to protect the public health, safety, convenience and welfare. (i) Private Streets: Restricted Access. The entrances to all private streets shall be clearly marked with a sign, placed in a prominent and visible location, stating that the streets within the subdivision are private, and that they are not maintained nor regularly patrolled by the City. Guard houses, access control gates, and cross arms, if used, shall be constructed per Subsection (k) below. All restricted access entrances must be manned twenty-four (24) hours every day, or they must provide a reliable, alternative means of ensuring City and emergency access to the subdivision, preferably with an Opticom-type system for emergency access,by the City and other utility or public service providers, such as postal carriers and utility companies, with appropriate identification. The method to be used to ensure City and emergency access into the subdivision shall be approved by the City Council and by all applicable emergency services providers prior to engineering release for construction of the development. If the association fails to maintain reliable access as required herein, the City may enter the subdivision and remove any gate or device which is a barrier to access at the sole expense of the association. The association documents shall contain provisions in conformity with this Section which may not be amended without the written consent of the City Council. (j) Private Streets: Access Restricted Entrance Design Standards. Any private street (and any other type of gated entrance) which has an access control gate or cross arm must have a minimum uninterrupted pavement width of twenty- seven(27) feet at the location of the gate or access control device,both ingress point and egress point, regardless of the type of device used. If an overhead, or lift-up, barrier is used, it must be a minimum of fourteen (14) feet in height above the road surface, and this clearance height shall be extended for a minimum distance of fifty(50) feet in front of and City of Wylie, Texas Subdivision Ordinance55 Adopted 2-25-03,Amended 7-24-07 behind the location of the device. All gates and cross arms must be of a breakaway design. A minimum vehicle stacking distance of one hundred(100) feet shall be provided from the right-of-way line of the public road from which the private street subdivision is accessed to the first vehicle stopping point, which is usually an access request keypad, a telephone, or a guard's window. Adequate distance shall be provided between the access request point(s)and the entry barrier, or gate,to accommodate a vehicle turnaround as described below. A paved turnaround space must be located in front of(i.e.,prior to passage of) any restricted access entrance barrier, between the access request device and the barrier or gate, to allow vehicles that are denied access to safely exit onto public streets without having to back up,particularly into the public street upon which the entrance is located. The design and geometry of such turnaround shall be of such pavement width and having such inside turning radius that it will accommodate smooth, single-motion U-turn movements by the types of service and utility trucks that typically visit or make deliveries to neighborhoods that are similar to the proposed private street development shall be accommodated, such as utility service vehicles, postal or UPS delivery trucks, and two- to three-axle flatbed or box-type trucks used by contractors and moving companies. The City Engineer may require submission of additional drawings plans or exhibits demonstrating that the proposed turnaround will work properly, and that vehicle turnaround movements will not compromise public safety on the entry roadway or on the adjacent public street(s). A site plan showing the design and location of all proposed access restricted entrances shall be submitted for review by the City Engineer along with the engineering plans for the subdivision,and must be approved by the City Council along with approval of the preliminary plat. (k) Private Streets: Waiver of Services. The subdivision final plat, property deeds and property owners association documents shall note that certain City services shall not be provided for private street subdivisions. Among the services which will not be provided are: routine law enforcement patrols, enforcement of traffic and parking regulations, and preparation of accident reports. Depending upon the characteristics of the development and upon access limitations posed by the design of entrances into the subdivision, other services (such as sanitation) may not be provided, as well. City of Wylie, Texas Subdivision Ordinance56 Adopted 2-25-03,Amended 7-24-07 (1) Private Streets: Petition to Convert to Public Streets. The property owner's association documents shall allow the association to petition the City to accept private streets and any associated property as public streets and right-of-way upon written notice to all association members and upon the favorable vote of a majority of the membership. However, in no event shall the City be obligated to accept said streets as public. Should the City elect to accept the streets as public, then the City has the right to inspect the private streets and to assess the lot owners for the expense of needed repairs concurrent with the City's acceptance of the streets. The City shall be the sole judge of whether repairs are needed. The City may also require, at the association's or the lot owners' expense, the removal of any guard houses, access control devices, landscaping or other aesthetic amenities located within the street lot or within any other common area. The association documents shall provide for the City's right to such removal and assessment. Those portions of the association documents pertaining to the subject matter contained in this Section shall not be amended without the written consent of the City Council. (m) Private Streets: Hold Harmless. On the subdivision final plat shall be language whereby the property owners association, as owner of the private streets and appurtenances, agrees to release,indemnify,defend and hold harmless the City, any other governmental entity, and any public utility entity for damages to the private streets that may be occasioned by the reasonable use of the private streets by same, and for damages and injury (including death) arising from the condition of the private streets, out of any use of access gates or cross arms, or out of any use of the subdivision by the City or governmental or utility entity (such plat language is available from the City). C. (reserved) D. Escrow Policies and Procedures. 1. Request for Escrow. Whenever this Ordinance requires a property owner to construct a street or thoroughfare, or other type of public improvement, the property owner may, if there exists unusual circumstances, such as a timing issue due to pending roadway improvements by another agency such as TxDOT or the appropriate County of Record, that would present undue hardships or that would impede public infrastructure coordination or timing, petition the City to construct the street or thoroughfare,usually at a later date, in exchange for deposit of escrow as established in this Section. If more than one street or thoroughfare must be constructed in order to meet adequacy requirements for roadways, as demonstrated by a traffic impact analysis, the City Engineer may prioritize roadways for which escrow is to be accepted and require the deposit of all funds attributable to the development in escrow accounts for one or more of such City of Wylie, Texas Subdivision Ordinance57 Adopted 2-25-03,Amended 7-24-07 affected roadways. The City Council shall review the particular circumstances involved (a traffic impact analysis may be required to facilitate the City Council's deliberations on the matter), and shall detelinine, at its sole discretion,whether or not provision of escrow deposits will be acceptable in lieu of the property owner's obligation to construct the street or thoroughfare with his or her development. 2. Escrow Deposit With the City. Whenever the City shall agree to accept escrow deposits in lieu of construction by the owner of the property under this Ordinance, the property owner or developer shall deposit in escrow with the City an amount equal to his or her share of the costs of design, construction, permits, reviews and approvals, inspections, any additional land acquisition, and an appropriate and the current standard inflation factor to ensure that the actual "future dollar" costs will be covered when actual construction occurs in the future. Such amount shall be paid prior to release of engineering plans by the City Engineer. The obligations and responsibilities of the property owner shall become those of the property owner's transferees, successors and assigns; and the liability therefore shall be joint and several. 3. Determination of Escrow Amount. The amount of the escrow shall be determined by using the maximum comparable "turnkey" bid price of construction of the improvements(including design,permits,reviews and approvals,inspections and any additional land acquisition that may be needed). Such determination of the escrow amount shall be made as of the time the escrow is due hereunder. 4. Teliiiination of Escrow. Escrows which have been placed with the City under this Section or in accordance with previously approved street improvement policies, and which have been held for a period of twenty(20)years from the date of such payment or agreement, in the event that the City has not authorized the preparation of plans and specifications for construction of such roadway facilities for which the escrow was made, shall,upon written request,be returned to the current property owner,with any accrued interest. Such return does not remove any obligations of the property owner for construction of the required facilities if a building permit has not been issued on the subject lot or if a new building peimilit is applied for. 5. Refund. If any street or highway for which escrow is deposited is constructed by a party other than the City, or is reconstructed by another governmental authority at no cost to the City, the escrowed funds and accrued interest shall be refunded to the current property owner or applicant who originally paid the escrow amount after completion and acceptance of the public improvements. In the event that a portion of the cost is borne by the City and the other portion of the cost by another party or governmental authority, the difference between the property owner's actual proportionate cost and the escrowed funds,including accrued interest,if any, shall be refunded after completion and acceptance of the improvements. City of Wylie, Texas Subdivision Ordinance58 Adopted 2-25-03,Amended 7-24-07 6. Interest Limitation. If money is refunded within six (6) months of deposit, only the principal will be refunded. Monies returned after this date will be refunded with interest accrued, calculated at one percent (1%) less than the rate of actual earnings. Existing funds, collected for previous subdivision development such as Perimeter Street funds, shall be refunded as stated in Section 4 above, principle and earned interest. E. Traffic Impact Analysis. Any proposed development project or plat involving a significant change to a proposed roadway alignment from that shown on the City of Wylie's Thoroughfare Plan (or involving a development of one hundred (100) or more dwelling units, or for developments generating one thousand(1,000) or more "one-way" trips per day), or as required by the City Engineer, must be preceded by submission and approval of a traffic impact analysis as specified in Subsection (f) below. Failure to provide for such approval prior to submission of a preliminary plat(or concurrently with the preliminary plat application) shall be grounds for denial of the plat application. F. Required Components of Traffic Impact Analysis. Whenever this Ordinance(or the City Council, in unique instances which do not necessarily meet the above criteria but which may significantly affect the public health, safety or welfare, such as a proposed subdivision that will only be accessed via substandard roadways which may pose an impediment to emergency response vehicles) require submission and City Council approval of a traffic impact analysis, the following elements shall be included: 1. General Site Description. The traffic impact analysis shall include a detailed description of the roadway network within one (1) mile of the site, a description of the proposed land uses, the anticipated states of construction, and the anticipated completion date of the proposed land development shall be provided. This description, which may be in the form of a map, shall include the following items: (1) all major intersections; (2) all proposed and existing ingress and egress locations; (3) all existing roadway widths and rights-of-way; (4) all existing traffic signals and traffic-control devices; and (5) all existing and proposed public transportation services and facilities within a one (1) mile radius of the site. 2. Proposed Capital Improvements. The traffic impact analysis shall identify any changes to the roadway network within one (1) mile of the site that are proposed by any government agency or other developer. This description shall include the above items as well as any proposed construction project that would alter the width or alignment of roadways affected by the proposed development. City of Wylie, Texas Subdivision Ordinance59 Adopted 2-25-03,Amended 7-24-07 3. Roadway Impact Analysis. (a) Transportation Impacts: (1) Trip Generation. The average weekday trip generation rates (trip ends), the average weekend trip generation rates (for uses other than residential or institutional), the highest average a.m. and p.m. hourly weekday trip generation rates, and the highest hourly weekend generation rates (for uses other than residential or institutional)for the proposed use shall be determined based upon the trip generation rates contained in the most recent edition of the Institute of Transportation Engineers,Trip Generation Manual; or shall be based upon data generated by actual field surveys of area uses compatible to the proposed use and approved by the City Engineer. (2) Trip Distribution. The distribution of trips to arterial and collector roadways within the study area identified in Subsection 3.1f.1 (General Site Description) above shall be in conformity with accepted traffic engineering principles, taking into consideration the land use categories of the proposed development; the area from which the proposed development will attract traffic; competing developments (if applicable); the size of the proposed development; development phasing; surrounding existing and anticipated land uses, population and employment; existing and projected daily traffic volumes; and existing traffic conditions identified pursuant to Subsection 3.1f.1 above. (b) Adequacy Determination. The roadway network included within the traffic impact analysis shall be considered adequate to serve the proposed development if existing roadways identified as arterials and collectors can accommodate the existing service volume, and the service volume of the proposed development, and the service volume of approved but unbuilt developments holding valid, unexpired building permits at a level of service "C" or above. 4. Intersection Analysis. (a) Level of Service Analysis. For intersections within the roadway traffic impact analysis area described in Subsection 3.1 f.1 herein (General Site Description), a level of service analysis shall be performed for all arterial to arterial, arterial to collector, and collector to collector intersections, and for any other pertinent intersections identified the City Engineer. Also, level of service analysis will be required on all proposed site driveway locations for all nonresidential developments. The City may waive analysis of minor intersections and site driveway locations within the one-mile radius. The level of service analysis shall be based upon the highest hourly average a.m. or p.m. peak weekday volume or highest average hourly peak weekend City of Wylie, Texas Subdivision Ordinance60 Adopted 2-25-03,Amended 7-24-07 volume as determined from a two-day survey of weekday volumes and, where necessary, a one-day survey of weekend volumes. The level of service analysis shall take into consideration the lane geometry, traffic volume, percentage of right-hand turns, percentage of left-hand turns, percentage (and typical size) of trucks, intersection width, number of lanes, signal timing and progression, roadway grades, pedestrian and bicycle flows, school routes, number of accidents, and peak hour factor. (b) Adequacy Analysis. The intersections included within the traffic impact analysis shall be considered adequate to serve the proposed development if existing intersections can accommodate the existing service volume, the service volume of the proposed development, and the service volume of approved but unbuilt developments holding valid, unexpired building permits at level of service "C" or above. 5. Effect of Adequacy Determination. If the adequacy determination for roadways and intersections indicates that the proposed development would cause a reduction in the level of service for any roadway or intersection within the study area identified in Subsection 3.1f.1 herein that would cause the roadway to fall below the level of service required hereto, the proposed development shall be denied unless the developer agrees to one of the following conditions: (a) The deferral of building permits until the improvements necessary to upgrade the substandard facilities are constructed; (b) A reduction in the density or intensity of development; (c) The dedication or construction of facilities needed to achieve the level of service required herein; or (d) Any combination of techniques identified herein that would ensure that development will not occur unless the levels of service for all roadways and intersections within the traffic impact analysis study are adequate to accommodate the impacts of such development. G. Arrangement of Streets Not Shown on the Thoroughfare Plan. For streets that are not shown on the City's Thoroughfare Plan, such as local residential streets,the arrangement of such streets within a subdivision shall: 1. Provide for the continuation or appropriate projection of existing streets from or into surrounding areas, including at least two (2)points of access; 2. Conform to a special area plan for the neighborhood approved or adopted by the City Council to meet a particular situation where topographical or other conditions make continuance or conformity to existing streets impractical; 3. Provide for additional future access, such as by stubbing streets for future extension, to adjacent vacant areas which will likely develop under a similar zoning classification or for a similar type of land use; and 4. Not conflict in any way with existing or logically anticipated driveway openings. City of Wylie, Texas Subdivision Ordinance61 Adopted 2-25-03,Amended 7-24-07 H. Residential collector streets and minor residential streets shall be laid out such that their use by through traffic will be discouraged, such as via circuitous routes or multiple turns or offsets,but such that access is provided to adjacent subdivisions. Wherever the right- of-way width of a collector or residential street must transition to a greater or lesser width, such transition shall occur along the front, side or rear lot lines of adjacent lots and shall not occur within the street intersection itself. In other words,the right-of-way width shall be the same on both sides of the street intersection. I. Where a subdivision abuts or contains an existing or proposed arterial street, the City Council may require marginal access streets, reverse frontage (lots which back onto the arterial), deep lots with rear service alleys, or such treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. J. Reserve strips controlling access to streets shall be prohibited except where their control is required by the City and approved by the City Council. K. Street right-of-way widths shall be as shown on the Thoroughfare Plan and as defined by the corresponding roadway cross-sections in the Thoroughfare Plan and the City's Design Manual and Standard Construction Details. L. Construction of half streets shall be prohibited, except when essential to the reasonable development of the subdivision in conforming with the other requirements of this Ordinance and the Thoroughfare Plan,and where the City Council makes a determination that there is no immediate benefit to be gained by constructing the full street section since no access from the street will be needed by the subdivision in question. The City Council may also find that it would be more practical, or cost effective, to delay construction of the other half of a street until when the adjoining property is developed. If the property owner is responsible for one-half (1/2) of the street, then the property owner shall either construct the facility along with his or her development or shall provide escrow for the construction cost of his or her share of the facility(including all applicable street appurtenances such as median openings, left turn lanes into the development, sidewalks, drainage structures, etc.)unless the City participates in the construction of the facility. Whenever a partial street has been previously platted along a common property line, the other portion of the street right-of-way shall be dedicated such that the right-of- way is increased to the street's ultimate planned width. Improvements shall be made to all on-site facilities as defined herein(see Definitions, Section 1.13). City of Wylie, Texas Subdivision Ordinance62 Adopted 2-25-03,Amended 7-24-07 M. Except in unusual cases, no dead-end streets will be approved unless such dead-end streets are provided to connect with future streets on adjacent land. In the case of dead- end streets, which will eventually be extended into the adjacent subdivision, no more than one lot (per side) can front onto the dead-end street stub unless a temporary turnaround bulb (with an off-site easement) is provided at the end. A temporary dead- end street shall not exceed the maximum allowed length of a normal cul-de-sac, and the temporary turnaround bulb must be constructed like a cul-de-sac, as provided in Subsection(p)above(the City Engineer may authorize the use of asphalt or other durable paving material than concrete for the arc,or"wing",portions of the temporary turnaround bulb in order to minimize the cost of removing those portions later on). A note shall be placed on the final plat clearly labeling any dead-end streets (if any) that will at some point be extended into the adjacent property, and signage shall be placed at the end of the constructed street stub, such as on the barricade, also stating that the street will be extended in the future. Signage and lettering must be large enough to be legible by a person with normal vision at a twenty-foot distance. Any required temporary turnaround easements shall be shown on the final plat along with their appropriate recording information, if they are off-site or established by separate instrument. N. New streets which extend existing streets shall bear the names of the existing streets, and shall be dedicated at equal or greater right-of-way widths than the existing streets. O. Construction of New Streets. All new streets dedicated within a subdivision shall be constructed in accordance with paving widths and specifications as set forth in the Design Manuals and Standard Construction Details of the City of Wylie at the time at which the preliminary plat application is officially submitted and deemed a complete application. Q. Points of Access. All subdivisions shall have at least two (2) points of access from improved public roadways (also see Section 3.1c.4). Driveway access onto roadways shall be provided and designed in accordance with the City's Design Manuals and Construction Details standards that are in effect at the time the preliminary plat application is officially submitted and deemed a complete application. R. Streets will be constructed in accordance to the City's Design Manuals and Standard Construction Details standards that are in effect at the time the preliminary plat application is officially submitted and deemed a complete application. Section 3.2: Alleys 3.2 A. No alleys shall be required within nonresidential districts. If provided or constructed by the developer, nonresidential alleys shall conform to the adopted Design Manual and Stand Construction Details. City of Wylie, Texas Subdivision Ordinance63 Adopted 2-25-03,Amended 7-24-07 B. Alleys shall be required in all residential districts within the City of Wylie and its extraterritorial jurisdiction, and shall be constructed in accord with the adopted Design Manual. The City Council may waive this alley requirement or part thereof when determined to be in the best interest of the City. Section 3.3: Easements 3.3 A. The minimum width for City easements shall be fifteen(15)feet or as otherwise required by the City Engineer. The minimum width for City drainage easements shall be as required by the City Engineer. The width of easements for other utility providers, such as for gas, electric, telephone or cable television, shall be as required by that particular entity. It shall be the applicant's responsibility to determine appropriate easement widths required by other utility companies(also see Section 3.8). Wherever possible, easements shall be centered or along front or side lot lines rather than across the interior or rear of lots,particularly where no alleys will be provided behind the lots. B. Where a subdivision is traversed by a watercourse, drainage way or channel, there shall be provided a storm water easement or drainage right-of-way conforming substantially with such course and of such additional width as may be designated by the City Engineer, subject to determination according to proper engineering considerations. The required width shall conform to the requirements set forth by the Federal Emergency Management Agency(FEMA), the U.S. Army Corps of Engineers, and/or the City. Parallel streets or parkways may be required adjacent to certain portions of creek or drainage ways to provide maintenance access and/or public access to recreation areas (see Section 4). Other utilities may be permitted within the drainage easement only if approved by the City Engineer and any other applicable entity requiring the drainage easement. C. No fences or other structures shall be located within a drainage easement. D. Where alleys are not provided in a residential subdivision, a minimum ten(10) feet wide utility easement shall be provided along the front of all lots, adjacent to and flush with the street right-of-way line for the potential placement of utility facilities. E. For new development, all necessary on-site easements shall be established on the subdivision plat and not by separate instrument, and they shall be labeled for the specific purpose, and to the specific entity,for which they are being provided. Examples include, but are not limited to,the following: a water, sanitary sewer or drainage easement,which is dedicated to the City for a water or sanitary sewer line or for a drainage structure; an access easement, which is dedicated to the public for unrestricted access purposes; a fire lane easement, which is dedicated to the City and its fire suppression and emergency medical service providers for access purposes; an electrical, gas or telephone easement, which is dedicated to the specific utility provider that requires the easement; and so on. City of Wylie, Texas Subdivision Ordinance64 Adopted 2-25-03,Amended 7-24-07 Section 3.4: Blocks 3.4 A. The length, width and shapes of blocks shall be determined with due regard to: 1. Provision of adequate building sites suitable to the special needs of the type of use contemplated. 2. Zoning requirements as to lot sizes, setbacks and dimensions. 3. Needs for convenient access, circulation, control and safety of street traffic and for pedestrians or bicyclists traveling to a public park or school site within the neighborhood. B. Intersecting streets, which determine the lengths and widths of blocks, shall be provided at such intervals as to serve cross-traffic adequately, to provide adequate fire protection, and to conform to customary subdivision practices. Where no existing subdivision or topographical constraints control, the block lengths shall not exceed one thousand two hundred (1,200) feet in length. Where no existing subdivision or topographical constraints control, the blocks shall not be less than three hundred (300) feet in length; however,in cases where physical barriers or property ownership creates conditions where it is appropriate that these standards be varied, the length may be increased or decreased (through issuance of variances or waiver by the City Engineer with plat approval)to meet the existing conditions having due regard for connecting streets, circulation of traffic and public safety. Section 3.5: Sidewalks 3.5 A. Pedestrian concrete walkways (sidewalks) not less than four(4) feet wide or as required by the Zoning Ordinance shall be required within all residential subdivisions on both sides of residential and collector streets. Sidewalks shall be installed prior to the issuance of a Certificate of Occupancy for each abutting development as set forth in the City of Wylie's Design Manuals and Standard Construction Details. Sidewalks shall be constructed with the residential and nonresidential construction. B. The cost and provision of any perimeter sidewalks, such as along major thoroughfares, may be escrowed as a part of a developers agreement, if approved by the City. The City has the right, but not the obligation, to refuse escrow and to require paving of the sidewalks if, in its sole opinion, immediate provision of the sidewalks is necessary for safe pedestrian circulation or if it would otherwise protect the public health, safety or welfare. C. As deemed appropriate by the City Engineer, sidewalks shall be constructed at time of development of subdivision, or funds escrowed to City and will be reimbursed to developer as sidewalks are constructed. City of Wylie, Texas Subdivision Ordinance65 Adopted 2-25-03,Amended 7-24-07 Section 3.6: Lots 3.6 A. Lots shall conform to the minimum requirements of the established zoning district, except as noted in Subsection (g.)below. B. Each lot shall front onto a dedicated, improved public street unless platted as an approved private street subdivision in accordance with this Ordinance (see Section 3.1 c.10.). Lot width and access shall conform with the provisions of the City of Wylie's Zoning Ordinance, Comprehensive Plan, and any other applicable City code or ordinance. Lot access onto highway, arterial and collector streets is subject to approval by the City Council, which may require a traffic study or other information prior to approval of the preliminary plat in order to fully study all access issues. In all cases, lots shall have a minimum of thirty(30) feet of frontage along a dedicated, improved street. C. Irregular-shaped lots shall have sufficient width at the building line to meet lot width and frontage requirements of the appropriate zoning district, and shall provide a reasonable building pad without encroachment into front, side or rear yard setbacks or into any type of easement. Also, the rear width shall be sufficient to provide access for all necessary utilities, including access for driveways and solid waste collection when alleys are present. In general, triangular, severely elongated or tapered, "flag" or"panhandle" lots shall be avoided, and the City reserves the right to disapprove any lot which, in its sole opinion, will not be suitable or desirable for the purpose intended. D. Side lot lines shall be at ninety-degree angles or radial to street right-of-way lines to the greatest extent possible. The City reserves the right to disapprove any lot which, in its sole opinion,is shaped or oriented in such a fashion as to be unsuitable or undesirable for the purpose intended, or which is not attractively or appropriately oriented toward its street frontage. E. Double frontage lots shall be avoided, except where they may be essential to provide separation of residential development from traffic arterials, as defined in Section 3.1, or to overcome a specific disadvantage or hardship imposed by topography or other factors. Where lots have double frontage, building setback lines shall be established for each street side, and rear yard screening shall be provided in accordance with Section 5.7. Residential lots shall not back onto any residential street or collector street within a residential area or neighborhood. F. No unsite septic tanks shall be used without specific approval by City Council. Section 3.7: Building Lines 3.7 A. Front and street side building lines shall be shown on a concept plan and on any type of plat for all lots, and shall be consistent with the Zoning Ordinance requirements for the district in which the development is located, if subject to the City's zoning regulations and with any other applicable City ordinance. For property that is not subject to the City's zoning regulations, such as property that lies within the City's extraterritorial jurisdiction, the minimum front building line shall be as follows: City of Wylie, Texas Subdivision Ordinance66 Adopted 2-25-03,Amended 7-24-07 1. Any property or lot, whether residential or nonresidential, which fronts onto State Highway 78, F.M. 544, or F.M. 1378: The front building setback shall be fifty (50) feet along those roadways. 2. Any nonresidential or multiple-family property or lot which fronts onto any other existing or future roadway: The front building setback shall be twenty-five (25) feet. 3. Any single-family residential parcel or lot which fronts onto any other existing or future roadway: The front building setback shall be fifty(50) feet. Section 3.8: Utility Services (not provided by the City of Wylie) 3.8 A. For purposes of this Section, the following meanings shall apply: 1. "Utility services"-The facilities of any person,firm or corporation providing electric, natural gas, telephone, cable television, or any other such item or service for public use approved but not provided by the City of Wylie. 2. "Feeder or feeder/lateral line" - High voltage supply electric lines volts that emanate from substations used to distribute power through an area to an unspecified number of customers. 3. "Lateral lines" - Those electric or telephone lines used to distribute power from a feeder line to a single subdivision. These electric lines are normally connected to a feeder line through a sectionalizing device such as a fuse. 4. "Service lines" - Those electric lines used to connect between the utilities' supply system or lateral lines and the end user's meter box. B. All subdivision plats and engineering plans submitted to the City of Wylie for approval shall provide for utility services such as electrical, gas, telephone and cable television utility lines, including lateral or service distribution lines, and wires to be placed underground. Feeder and other major transmission lines may remain overhead within the appropriate easements. However, an applicant shall endeavor and, whenever practical, the City shall require that feeder lines are placed away from major or minor thoroughfares or arterials, as shown on the Thoroughfare Plan. Whenever practical, feeder lines which are to be placed overhead shall not be placed along both sides of the street right-of-way. Verification of acceptance of easement locations and widths by the utilities shall be provided to the City,by the applicant,prior to final plat approval by the City Council, and all easements shall be reviewed by the utility companies and by the City Engineer (for those to the City) prior to granting final approval for any residential subdivision affected by this Section. The applicant shall also,prior to final plat approval, provide a Letter of Commitment from each utility provider, such as those providing electricity, gas, telephone and cable television, who will serve the development that said utility providers will ensure the provision of necessary infrastructure and service to all portions of the proposed development prior to acceptance by the City. Failure to submit such Letters of City of Wylie, Texas Subdivision Ordinance67 Adopted 2-25-03,Amended 7-24-07 Commitment from utility providers shall constitute grounds for denial of the final plat application on the basis that there is no written assurance that the development can be served by essential utility services. C. Each of the utility companies shall be responsible for developing administrative policies, criteria for easement size, and cost reimbursement procedures for the installation and extension of their underground utilities. Nothing herein shall prohibit or restrict any utility company from recovering the difference in cost of overhead facilities and underground utilities from the property owner in accordance with the provisions of such utility's approved tariff. No utility company shall be required or permitted to begin construction of underground facilities unless and until the property owner or developer of the subdivision has made arrangements satisfactory to the specific utility company for the payment of such difference between the cost of overhead facilities and underground facilities, as approved by the City Engineer. D. All electrical and telephone support equipment, including transformers, amplifiers and switching devices necessary for underground installations, shall be pad- or ground- mounted, or shall be mounted underground and not overhead, unless the subdivision is served from perimeter overhead electrical facilities. Pad- or ground-mounted utility equipment shall be completely screened from view of any public roadway, and shall not be located within any required visibility area, such as at street intersections or corners or at driveway openings or within City right-of-way. E. Temporary construction service may be provided by overhead electric lines and facilities without obtaining a variance or waiver or special exception, provided that when the underground utility service to any portion of a subdivision is completed, such overhead electric lines and facilities are promptly removed. F. Nothing in this Section shall be construed to require any existing facilities in place prior to the effective date of this Ordinance to be placed underground. G. The metering for utilities such as water, gas and electricity shall be located on the individual lots to be served, not grouped together in a centralized location(s), such as "gang-box" style metering stations, which shall not be permitted. H. The locations, widths and configurations of easements for any utility service provider other than the City of Wylie shall be determined, approved and acquired (if necessary) by the applicable utility service provider. I. Utilities along residential and collector streets shall be located in alley or separate easements adjacent to the street rights-of-way. J. Street crossings when caring/conduit/box — installed with street to avoid disruption or boring. K. All utilities installed before City accepts subdivision. City of Wylie, Texas Subdivision Ordinance68 Adopted 2-25-03,Amended 7-24-07 Section 3.9: Water and Wastewater Facility Design 3.9 A. All new subdivisions shall be connected with an approved water system, and shall be capable of providing water for health and emergency purposes,including fire protection. The design and construction of water system improvements shall comply with the following standards: 1. Design and construction of a water source on the site shall be in accordance with applicable regulations of the Texas Commission on Environmental Quality(TCEQ). 2. Design and construction of water service from the City shall be in accordance with the standards in the City's Design Manuals and Standard Construction Details Manual, and in accordance with TCEQ standards, whichever is the most stringent requirement. 3. Design and construction of a fire protection system shall be in accordance with the standards in the Design Manuals and Standard Construction Details Manual, and in accordance with the fire department serving the site (i.e., the City or the County, as applicable). B. All new subdivisions shall be required to connect to the City's wastewater system unless served by other means approved by the City Council. The design and construction of the wastewater system improvements shall comply with the following standards: 1. Design and construction of on-site waste disposal systems shall comply with applicable regulations of the TCEQ, applicable regulations of Appropriate County of Record, and with the provisions of the City of Wylie's Code of Ordinances, whichever is the most stringent requirement. 2. Design and construction of wastewater collection and treatment service from the City shall be in accordance with the standards in the City's Design Manuals and Standard Construction Details Manual, and in accordance with TCEQ standards, whichever is the most stringent requirement. C. The subdivider shall be responsible for: 1. Phasing of development or improvements in order to maintain adequate water and wastewater services; 2. Extensions of utility lines to connect to existing utility services; 3. Providing or procuring all necessary easements for the utilities (whether on-site or off-site); 4. Providing proof to the City of adequate water and wastewater service; 5. Providing provisions for future expansion of the utilities if such will be needed to serve future developments or lines larger than twelve(12) inches; City of Wylie, Texas Subdivision Ordinance69 Adopted 2-25-03,Amended 7-24-07 6. Providing all operations and maintenance of the utilities, or providing proof that a separate entity will be responsible for the operations and maintenance of the utilities; 7. Providing all fiscal security required for the construction of the utilities; 8. Obtaining approvals from the applicable utility providers if other than the City; and 9. Complying with all requirements of the utility providers, including the City. D. Extension of water and wastewater lines shall be made along the entire frontage of the subdivision adjacent to a street or thoroughfare. If the subdivision is not adjacent to a thoroughfare,the extension of utilities shall be accomplished in such a manner as to allow future connections to said utilities by new subdivisions. If new subdivisions will never be constructed beyond a developing subdivision due to physical constraints, the City Council may waive the requirement for adjacent utility line construction at the time of preliminary plat approval and prior to construction of the subdivision. E. Installation, operations and maintenance of utilities not specifically referenced herein shall comply with regulations of the TCEQ and with any other applicable State rules and regulations, whichever is the most stringent requirement. Section 3.10: Storm Water Collection and Conveyance Systems 3.10 A. System Design Requirements. Drainage improvements shall accommodate runoff from the upstream drainage area in its anticipated maximum "build-out" condition, and shall be designed to prevent overloading the capacity of the downstream drainage system. The City may require the phasing of development, the use of control methods such as retention or detention, or the construction of off-site drainage improvements in order to mitigate the impact of the proposed development. No stoi in water collection system shall be constructed unless it is designed in accordance with the City's Design Manuals by a licensed professional engineer, and unless it is reviewed and approved by the City Engineer. All plans submitted to the City Engineer for approval shall include a layout of the drainage system together with supporting calculations for the design of the system. B. All erosion and sedimentation controls shall conform to the Design Manuals, Stormwater Management Plan, City Ordinance, or EPA requirements, whichever is most stringent. For erosion and sedimentation control, the City uses the latest edition of"Storm Water Quality Best Management Practices for Construction Activities in North Central Texas" (by the NCTCOG), a copy of which is on file at the City. City of Wylie, Texas Subdivision Ordinance70 Adopted 2-25-03,Amended 7-24-07 C. No person, individual,partnership, firm or corporation shall deepen,widen, fill,reclaim, reroute or change the course or location of any existing ditch, channel, stream or drainage way without first obtaining written permission of the City Engineer and any other applicable agency (such as FEMA or the U.S. Army Corps of Engineers) having jurisdiction. The City Engineer may, at his or her discretion, require preparation and submission of a flood study for a proposed development if there are concerns regarding storm drainage on the subject property or upstream or downstream from the subject property. The costs of such study, if required, shall be borne by the developer. D. In order to help reduce storm water runoff, and resulting erosion, sedimentation and conveyance of nonpoint source pollutants, the layout of the street network, lots and building sites shall, to the greatest extent possible, be sited and aligned along natural contour lines,and shall minimize the amount of cut and fill on slopes in order to minimize the amount of land area that is disturbed during construction. Development shall attempt to balance out and fill required for the development. E. No cross-street flow (i.e., perpendicular to traffic flow) of storm water runoff shall be permitted unless approved by the City Engineer. When and if such drainage flow is allowed, it must be across a concrete street (i.e., valley gutter) and as approved by the City Engineer. F. All storm water retention or detention facilities which are not located underground shall be designed using materials and techniques as established in the City's Design Manuals and Standard Construction Details or as may be required by the City Engineer and shall be maintained by a Homeowner's Association. G. Developer shall install on each storm inlet a permanent title,plaque or impression stating that this inlet discharges into a river, creek, etc. in order to discourage dumping of debris and toxics. (City shall adopt a design/logo for this.) City of Wylie, Texas Subdivision Ordinance71 Adopted 2-25-03,Amended 7-24-07 IV. PUBLIC SITES AND OPEN SPACES Section 4.1: Areas for Public Use 4.1 A. The applicant shall give consideration to suitable and adequate sites for schools, parks, playgrounds, and other areas for public use or service so as to conform with the recommendations contained in the City's Comprehensive Plan; Park, Recreation and Open Space Master Plan; and other applicable plans. Any provision for schools, parks or other public facilities shall be indicated on the preliminary and final plat, and shall be subject to approval by City Council. Section 4.2: Protection of Drainage and Creek Areas 4.2 A. All creeks and drainage areas shall be preserved and protected in their natural condition wherever possible, unless significant storm drainage improvements are required by the City in these areas. All development adjacent to creeks and drainage areas shall be in accordance with the City's Design Manuals and Standard Construction Details, with applicable policies in the Comprehensive Plan, and with any other City policies or ordinances related to aesthetics or public enjoyment of creeks and waterways. B. Definitions and Methodology for Deteliilining the Floodway Management Area(FMA). The definitions for "floodway" and "floodway fringe" shall correspond to those set forth by the Federal Emergency Management Agency(FEMA). For purposes of the National Flood Insurance Program, the concept of a floodway is used as a tool to assist the local community in the aspect of flood plain management. Under this concept,the area of the 100-year flood is divided into a floodway and floodway fringe. The floodway is the channel of a stream plus any adjacent flood plain areas that must be kept free of encroach- ment in order that the 100-year flood may be carried without substantial increases in flood heights as defined by FEMA. The area between the floodway and boundary of the 100-year flood is termed the floodway fringe. The floodway fringe is the area which can be used for development by means of fill according to FEMA and City engineering criteria. For the purposes of this Ordinance, the Floodway Management Area (FMA) will correspond to the floodway fringe, as defined by FEMA (or as may be modified per a flood study approved by FEMA). City of Wylie, Texas Subdivision Ordinance72 Adopted 2-25-03,Amended 7-24-07 C. Areas Where an FMA is Required. All drainage areas or regulated floodways fringe as referenced on the applicable flood boundary map (Flood Insurance Rate Map, or FIRM) shall be included in the FMA. If FEMA does not specify a floodway fringe zone in any of the creeks or their tributaries, it shall be the developer's responsibility to establish and identify the FMA. The determination shall be made by a licensed professional engineer and approved by the City Engineer. Where improvements to a drainage area are required by other ordinances of the City for the purpose of safety or other reasons related to drainage, those ordinances shall also be observed. The FMA is intended to apply to a creek or channel which is to remain open or in its natural condition. The creek shall remain in its natural state unless improvements are permitted or required by the City due to the pending development of properties adjacent to or upstream of the required improvements. D. Ownership and Maintenance of the FMA. The area determined to be the FMA shall be designated on the preliminary plat. Approximate locations shall be shown on zoning change requests and concept plans -- accurate locations of the FMA shall be established on the preliminary plat and prior to site construction. At the City's option,the FMA shall be protected by one of the following methods: 1. Dedicated to the City of Wylie for flood management purposes (flood areas shall not be dedicated for parks or recreation purposes); or 2. Easement(s). Creeks or drainageways on tracts which have private maintenance provisions, other than single- or two-family platted lots, can be designated as the FMAs by an easement to the City on the preliminary plat (with the appropriate plat language, as required by the City). Subdivisions with platted single-family or two- family lots may designate the FMA by easement provided there is adequate maintenance provisions (such as by a mandatory homeowners association), but no lots or portions of lots may be platted in the easement unless specifically allowed by the City. The area designated as FMA may be identified by a tract number; or 3. Certain recreational uses normally associated with or adjacent to flood prone areas (no structures allowed in the FMA), such as golf courses or certain types of parks. The uses allowed shall be in conformance with the Zoning Ordinance and approved by the Planning and Zoning Commission and City Council. Use of the FMA as public parkland shall also require approval by the City's Park Board. Prior to acceptance of any drainage way as an FMA by the City, the area shall be cleared of all debris and placed in a maintainable state. Floodway management areas dedicated to the City shall be left in a natural state except those areas designated for recreational purposes and unless storm drainage requirements do not permit this to occur. City of Wylie, Texas Subdivision Ordinance73 Adopted 2-25-03,Amended 7-24-07 E. Design Criteria. The following design criteria shall be required for development adjacent to the FMA: 1. Adequate access shall be provided to and along the FMA for public and/or private maintenance. An unobstructed area a minimum of twenty feet (20') wide with a maximum 5:1 slope (five feet horizontal to one foot vertical), the length of the floodway shall be provided adjacent to or within the FMA. On the opposite side of the drainage area, an unobstructed area having a minimum width of five feet(5')shall be provided. 2. Lots in a single-family, PD single-family, or duplex residential zoning district shall not be platted within the FMA, and no more than fifty percent (50%) of the linear length of the FMA(on each side) shall be allowed to have lots backing or siding onto it. If lots back or side onto an FMA, at least two (2) reasonable points of access to the FMA, each a minimum of twenty feet (20') in width, shall be provided. Streets, alleys and open-ended cul-de-sacs may qualify as access points if designed such that they are navigable by maintenance vehicles (e.g., alleys must be twenty-foot width). All areas of the FMA shall be accessible from the access points and shall be visible from access points. Lots used for multi-family dwellings may be platted in the FMA if the FMA is identified as an easement and is maintained as open space for use by the residents, and provided that access to the FMA is possible by City maintenance vehicles, should that need arise. If the FMA is to be public parkland, then adequate public access shall also be provided to it. 3. Public streets may be approved in the FMA by the Planning and Zoning Commission and City Council (if they conform to applicable engineering standards). 4. Public streets may be required to be constructed adjacent to some (or all)portions of the FMA to allow access for maintenance or recreational opportunities, and/or to allow increased visibility into creek areas for public safety and security purposes. 5. Alternate designs to facilitate equal or better access may be permitted if approved by the Planning and Zoning Commission and City Council. F. Drainage areas which have been altered and are not in a natural condition can be exempted from an FMA and this Section at the discretion of the City Council and upon recommendation by the Planning and Zoning Commission. City of Wylie, Texas Subdivision Ordinance74 Adopted 2-25-03,Amended 7-24-07 Section 4.3: Property Owners or Homeowners Associations 4.3 A. Applicability. When a subdivision contains either common open space or other improvements which are not intended to be dedicated to the City of Wylie for public use, such as private streets, a private recreation facility, landscaped entry features or other private amenities, a property owners or homeowners association agreement consistent with State and other appropriate laws, must be submitted to and approved by the City Planner, and made a part of the final plat documents. The Conditions, Covenants and Restrictions (CCRs) and the association documents, such as the articles of incorporation and association by-laws, shall be submitted to the City for review and approval along with the preliminary plat application, and shall be filed of record at the appropriate County prior to final plat acceptable in order to ensure that there is an entity in place for long-term maintenance of these improvements (also see Section 3.1c.10. (e)). Said documents must, at a minimum, include provisions which allow the City to take over the maintenance of common property, including but not limited to private streets and private recreation facilities, using association funds, if such action becomes necessary due to nonperformance or inaction by the association or if the association goes defunct. Provisions shall also be included which would, in the latter instance, convey ownership of the private streets (if any) and all other common areas to the City, and which would allow the City to remove any improvements or amenities from the common areas and sell any buildable land area, as residential lots,to recoup the City's expenses for maintenance or demolition of the improvements. Any monies that remain after the City has recovered all of its expenses shall be retained for future maintenance or upgrading of the streets, common areas (if any remain), screening walls, or other improvements within the subdivision. These provisions are not intended to allow the City to profit in any way from taking over the association's responsibilities or funds; they are only intended to allow the City to recoup its actual incurred expenses such that the general public, the taxpayers of the City, does not have to bear these costs. B. Membership. A property owners or homeowners association shall be an incorporated non-profit organization operating under recorded land agreements through which: 1. Each lot owner within the described land area is automatically a mandatory member; and 2. Each lot is automatically subject to a charge for a proportionate share of the expenses for the property owners or homeowners association's activities, such as maintenance of common open spaces or private streets, or the provision and upkeep of common recreational facilities. C. The homeowners association shall provide and maintain an address and telephone contact with the City Secretary's office of the City of Wylie. City of Wylie, Texas Subdivision Ordinance75 Adopted 2-25-03,Amended 7-24-07 D. Legal Requirements. In order to assure the establishment of a proper property owners or homeowners association, including its financing, and the rights and responsibilities of the property or home owners in relation to the use, management and ownership of common property, the subdivision plat, dedication documents, covenants, and other recorded legal agreements must: 1. Legally create an automatic membership,non-profit property owners or homeowners association; 2. Place title to the common property in the property owners or homeowners association, or give definite assurance that it automatically will be so placed within a reasonable, definite time; 3. Appropriately limit the uses of the common property; 4. Give each lot owner the right to the use and enjoyment of the common property; 5. Place responsibility for operation and maintenance of the common property in the property owners or homeowners association; 6. Place an association charge on each lot in a manner which will both assure sufficient association funds and which will provide adequate safeguards for the lot owners against undesirable high charges; 7. Give each lot owner voting rights in the association; and 8. Must identify land area within the association's jurisdiction including but not limited to the following: (a) Property to be transferred to public agencies; (b) The individual residential lots; (c) The common properties to be transferred by the developer to the property owners or homeowners association; and (d) Other parcels. 9. Any governmental authority or agency, including,but not limited to,the City and the County, their agents, and employees, shall have the right of immediate access to the common elements at all times if necessary for the preservation of public health,safety and welfare. Should the property owners or homeowners association fail to maintain the common elements to City specifications for an unreasonable time, not to exceed ninety(90)days after written request to do so,then the City shall have the same right, power and authority to enforce the association's rules and to levy assessments necessary to maintain the common elements. The City may elect to exercise the rights and powers of the property owners or homeowners association or its Board, or to take any action required and levy any assessment that the property owners or homeowners association might have taken, either in the name of the property owners or homeowners association or otherwise, to cover the cost of maintenance (or the possible demolition, if such becomes necessary to preserve public safety or to ease maintenance burden) of any common elements. City of Wylie, Texas Subdivision Ordinance76 Adopted 2-25-03,Amended 7-24-07 E. Protective Covenants. Protective covenants shall be developed which, among other things, shall make the property owners or homeowners association responsible for: 1. The maintenance and operation of all common property; 2. The enforcement of all other covenants; 3. The administration of architectural controls (optional); and 4. Certain specified exterior maintenance of exterior improvements of individual properties (optional). The City is not responsible for enforcing protective covenants or deed restrictions. F. The association may not be dissolved without the prior written consent of the City Council. G. No portion of the association documents pertaining to the maintenance of private streets and alleys, and assessments therefore, may be amended without the written consent of the City Council. Section 4.4: Park Land &Public Facility Dedication 4.4 A. Areas for Public Use. The applicant shall give consideration to suitable sites for parks, playgrounds and other areas for public use so as to conform with the recommendations of the Comprehensive Plan and Parks, Recreation and Open Space Master Plan. Any provision for parks and public open space areas shall be indicated on the preliminary and final plat, and shall be in accordance with the most recently approved Park Board Dedication Ordinance, and subject to approval by the City's Park Board and by City Council. B. Park Land Dedication. 1. Any person, film, or corporation offering a preliminary or final plat for development of any area zoned and to be used for single-family, duplex, or townhouse residential purposes within the City shall include on such preliminary and final plat the dedication (to the City of Wylie) of land for public park purposes, calculated at the rate of not less than five (5) acres of park land per one hundred (100) ultimate units of such residential subdivision as required by the Park Land Dedication Ordinance. The location and size of public parks within the City shall be as approved by the Park Board of the City of Wylie. That determination shall be based upon existing circumstances at the time, and shall be in accordance with the Park Recreation and Open Space Master Plan adopted by the City. 2. In instances where park land is unacceptable, unavailable or unsuitable for park purposes,money in lieu of land shall be paid into a"park dedication fund"maintained by the City of Wylie. Such money shall be in the amount required by density sliding scale, and according to the fee schedule of the most recently approved Park Land Dedication Ordinance. City of Wylie, Texas Subdivision Ordinance77 Adopted 2-25-03,Amended 7-24-07 3. The park dedication fund will be administered by the City to best benefit the development, provided that the funds shall be expended within the park district in which the park site is located. All sums deposited to the fund shall be accounted for by the City of Wylie and expended for such purposes as land acquisition,construction of improvements, and purchase of equipment. 4. The dedicated land required hereby shall be suitable and dedicated for park and recreational purposes only. Such land shall be free of flood plain and major utility easements, and shall be suitable for appropriate recreational and leisure activities. All parkland offered for dedication under this Section shall meet the requirements for location and for physical land characteristics outlined in the Parks, Recreation and Open Space Plan and Park Land Dedication Ordinance. Lands occupied by major utility easements and transmission lines shall not be accepted. Areas having environmentally sensitive ecosystems, attractive views, topographical interest or unique natural features shall be preferred and encouraged for parkland dedication. C. Public Park Access. Park land shall be easily accessible for the public and open to public view so as to benefit area residents. A proposed subdivision adjacent to a public park or open space area shall not be designed to restrict reasonable access or visibility into the park for example, shall not have lots backing to the park land. Street connections between residential neighborhoods shall be provided,wherever possible,to provide reasonable access to parks and open space areas. Proposed access and public availability, both physical and visual, of parkland shall be reviewed and approved by the City's Park Board and by City Council. City of Wylie, Texas Subdivision Ordinance78 Adopted 2-25-03,Amended 7-24-07 V. IMPROVEMENTS REQUIRED PRIOR TO ACCEPTANCE OF THE SUBDIVISION BY THE CITY Section 5.1: Improvements, In General 5.1 A. The requirements of the Subdivision Ordinance as set forth below are designed and intended to ensure that, for all subdivisions of land within the scope of the Subdivision Ordinance, all improvements as required herein are installed properly and: 1. The City can provide for the orderly and economical extension of public facilities and services; 2. All purchasers of property within the subdivision shall have a usable,buildable parcel of land; and 3. All required improvements are constructed in accordance with City standards. B. Adequate Public Facilities Policy. The land to be divided or developed must be served adequately by essential pubic facilities and services. No subdivision shall be approved unless and until adequate public facilities exist or provision has been made for water facilities, wastewater facilities, drainage facilities, electricity and street facilities which are necessary to serve the development proposed, whether or not such facilities are to be located within the property being platted or off-site. This policy may be defined further and supplemented by other ordinances adopted by the City. Wherever the subject property abuts adjoining undeveloped land, or wherever required by the City to serve the public good, utilities shall be extended to adjacent property lines to allow connection of these utilities by adjacent property owners when such adjacent property is platted and/or developed. C. Public improvements that are required by the City of Wylie for the acceptance of the subdivision by the City shall include,but are not limited to, the following: 1. Water and wastewater facilities; 2. Stoiiii water drainage, collection and conveyance facilities; 3. Water quality, erosion and sedimentation controls; 4. Streets; 5. Street lights; 6. Street signs; 7. Alleys; 8. Sidewalks; 9. Screening and/or retaining walls; 10. Traffic control devices required as part of the project; 11. Gas, Electric, Cable, Phone utilities installed; and 12. Appurtenances to the above, and any other public facilities required as part of the proposed subdivision. 13. All applicable fees, including but not limited to water and sewer impact fees, escrow funds for infrastructure, security and maintenance bonds. City of Wylie, Texas Subdivision Ordinance79 Adopted 2-25-03,Amended 7-24-07 D. All aspects of the design and implementation of public improvements shall comply with the City's current design standards and any other applicable City codes and ordinances, including preparation and submittal of engineering plans and construction inspection. The construction of all of the improvements required in this Ordinance shall conform to the latest edition of the City's Design Manuals and Standard Construction Details,as may be amended, and to any other applicable City standards. E. Changes or Amendments to the Design Manuals and Standard Construction Details and Other Construction or Design Documents. The Design Manuals and Standard Construction Details will, from time to time, require revisions and updates to allow for changing construction technology. When changes are required, the Design Manuals and Standard Construction Details may be amended by separate ordinance. It is the applicant's responsibility to be aware of, and to conform with, All Design Manuals and Standard Construction Details requirements (including amendments)that are in place as of the time a complete development application for a preliminary plat(including required engineering/construction plans) is received by the City. Section 5.2: Monuments 5.2 A. In all subdivisions and additions, monuments shall be established at the corner of each block in the subdivision consisting of an iron rod or pipe not less than five-eighths (5/8) inch in diameter and twenty-four inches (24") deep, and set six inches (6") below the ground. Lot corner monuments shall be placed at all lot corners except corners which are also block corners, consisting of iron rods or pipes of a diameter of not less than one- half(1/2)inch and eighteen(18)inches deep, and set flush with the top of the ground. In addition, curve point markers shall be established of the six(6)inches below. Each block corner monument shall include a cap with the surveyor's name and registration number attached to it. All block corners shall be installed prior to the final inspection of the subdivision by the City. Lot corners shall be installed prior to issuance of a building permit. B. Concrete monumentation and ties to state Plane Coordinates shall be installed. Section 5.3: Street Lights 5.3 All street lighting shall be installed in conformance with the City's Zoning Ordinance. Mercury vapor luminaries shall not be accepted. All fixtures shall be hooded in a way that directs all lighting downward. City of Wylie, Texas Subdivision Ordinance80 Adopted 2-25-03,Amended 7-24-07 Section 5.4: Street Names and Signs 5.4 A. Street names must be submitted to the City, for review and approval. Proposed street names shall be submitted for review as a part of the preliminary plat application, and shall become fixed at the time of approval of the preliminary plat. On the final plat, street names shall not be changed from those that were approved on the preliminary plat unless special circumstances have caused the major realignment of streets or a proposed street name(s) is discovered to have already been used elsewhere in the City (or some other similar eventuality). If additional street names are needed for the final plat, then they must be submitted for review and approval by the City, the U.S. Postal Service, and applicable emergency service providers (including 911) along with the final plat application. A fee may be established by the City for the changing of street names after approval of the preliminary plat. B. Surnames of people or the names of corporations or businesses shall not be used as street names, unless approved by the City Council. The City will maintain a list of existing street names(and"reserved" street names that have been approved on a preliminary plat), and will update the list as new streets are platted. C. New street names shall not duplicate existing street names either literally or in a subtle manner (for example, Smith Street vs. Smythe Street; Oak Drive vs. Oak Place vs. Oak Court vs. Oak Circle; Cascade Drive vs. Cascading Drive); shall not be so similar as to cause confusion between names (for example, Lakeside Drive vs. Lake Side Drive vs. Lake Siding Drive); and shall not sound like existing street names when spoken (for example, Oak Drive vs. Doak Drive vs. Cloak Drive; Lantern Way vs. Land Tern Way). Suffixes shall be in agreement when a street is extended(for example Oak Street cannot extend Oak Drive). D. New streets which extend existing streets shall bear the names of the existing streets. Streets crossing thoroughfares or other roadways shall bear the same name on both sides of the thoroughfare,wherever practical. A cul-de-sac or loop that is named after another thorough street(such as Oak Court or Oak Circle or Oak Trail) must actually connect to the main street(Oak) from which the name is derived. E. The property owner shall install all street name signs for the development. Each street name sign installation shall include sign assembly,pole and installation. Installation shall be complete prior to approval of the engineering plans by the City Engineer. F. Street name signs as specified by City shall be installed in accordance with the City's guidelines before issuance of a building permit for any structure on the streets approved within the subdivision. City of Wylie, Texas Subdivision Ordinance81 Adopted 2-25-03,Amended 7-24-07 Section 5.5: Retaining Wall Requirements Construction Regulations, and Design Criteria 5.5 A. Retaining Wall Requirements. In general,the use of retaining walls shall be minimized, wherever possible, through minimal and balanced cut and fill on property. When property within or directly adjacent to a subdivision contains changes in elevation exceeding two and one-half(2.5) feet and the slope exceeds one unit vertical in two units horizontal, a retaining wall shall be required at the locations specified herein prior to the acceptance of the subdivision: 1. Location A. The grade change roughly follows a side or rear lot line. 2. Location B. The grade change is adjacent to a proposed building site boundary. 3. Location C. The grade change is adjacent to a water course or drainage easement. B. Retaining Wall Design and Construction. All retaining wall design and construction shall be in compliance with the provisions of the Building Code and the Design Manuals and Standard Construction Details of the City of Wylie,and shall be approved by the Building Official. C. Retaining Wall Maintenance. Retaining walls shall be maintained by the owner of the property where such retaining wall is located. D. Retaining walls shall not be constructed parallel to and within any portion of a utility easement. Section 5.6: Screening and Landscaping Construction Regulations, Requirements and Design Criteria 5.6 A. Screening. 1. Where subdivisions are platted so that the rear or side yards of single-family or two- family residential lots are adjacent to an arterial thoroughfare(greater than sixty(60) feet in right-of-way width on the Thoroughfare Plan); a four(4) lane collector street; are separated from a thoroughfare by an alley; or back up to a collector or residential street (which is not allowed unless specifically approved by City Council), the developer shall provide, at his or her sole expense, screening according to the following alternatives and standards. All screening including columns and decorative features, shall be adjacent to the right-of-way and fully located on the private lot(s), within a separate lot or within a landscape easement assigned to the Homeowners Association across several lots. All foi ins of screening shall conform to the requirements of City ordinances and policies that govern sight distance for traffic safety. 2. Screening Alternatives. Screening shall be provided in accordance with, and shall be constructed to, standards and criteria as set forth in the City's Design Manuals and Standard Construction Details and other related City code(s) and policy(s). City of Wylie, Texas Subdivision Ordinance82 Adopted 2-25-03,Amended 7-24-07 3. A maintenance easement at least five (5) feet in width shall be dedicated to the Homeowners Association on the private lot side and adjacent to the screening wall or device. 4. The screening wall shall be installed prior to approval of the final plat and prior to final acceptance of the subdivision. Landscape materials may be installed before the subdivision is accepted, upon approval of the City Engineer. 5. All plants, such as trees, shrubs and ground covers, shall be maintained by the Homeowners Association living and in sound, healthy, vigorous and growing condition. All plant beds shall be irrigated, with meters charged to the Homeowners Association. 6. All masonry and steel screening wall plans and details must be designed and sealed by a licensed professional engineer, and must be approved by the Building Official. 7. Required height of screening devices, including spans between columns, shall be a minimum of six(6) feet and shall be no more than eight(8) feet tall. Decorative columns,pilasters, stone caps, sculptural elements, and other features may exceed the maximum eight(8)foot height by up to two(2)feet for a total maximum height of ten (10) feet for these features, provided that such taller elements comprise no more than ten(10)percent of the total wall length in elevation view. Features that are taller than ten (10) feet in height shall require City Council approval. 8. Screening walls and devices shall not be constructed within any portion of a utility easement unless specifically authorized by the City and other applicable utility provider. B. Entryway Features (neighborhood identification). 1. Subdivisions may provide a landscaped entryway feature at access points from streets and thoroughfares into the subdivision. The entryway feature shall be placed on private property and within an easement identified for such use (point systems requires entry features),and shall observe all sight visibility requirements. All feature or landscaping shall be located on private property so that long-term maintenance responsibility will be borne by the property owner or an approved homeowners association (see Section 4.3). Entryway features that are located within City right-of-way shall only be allowed with City Council approval. Prior to City Council approval, the applicant will execute an agreement with the City that relieves the City of maintenance responsibility and that indemnifies and holds the City harmless for damage or injury incurred by or in conjunction with such features in the right-of-way. City of Wylie, Texas Subdivision Ordinance83 Adopted 2-25-03,Amended 7-24-07 2. Design Requirements. The entryway feature shall include low maintenance,living landscaped materials as approved by the City Planner. The design of the entryway feature shall also include an automatic underground irrigation system, and may also include subdivision identification, such as signage located on the wall. All plants shall be living and in a sound,healthy,vigorous and growing condition, and they shall be of a size, fullness and height that is customary for their container or ball size, as per the latest edition of the "American Standard for Nursery Stock", by the American Association of Nurserymen, as may be amended. Any walls or structures used in the entryway feature must conform to the City's regulations pertaining to maximum height within the front yard of residential lots (see the Zoning Ordinance) wherever the adjacent lot sides onto the arterial street and the wall will be located within the front yard setback area. 3. The design of the entryway shall be in accordance with design policies in the City's Design Manuals and Standard Construction Details. The design of the entry shall be reflected on the landscape and irrigation plans submitted along with the engineering plans and the preliminary plat, and shall be approved by the City Planner. 4. The maintenance of the entryway shall be the responsibility of the applicant for a period of at least two(2)years or until building peliuits have been issued for ninety (90)percent of the lots in the subdivision, whichever date is later. Following that period of time, maintenance responsibility shall be borne by the private property owner(s) upon whose lot(s) the entryway feature is located, or by an approved homeowners association (see Section 4.3). If, at some point in time, the maintenance responsibility shifts to the City, the City shall have the right to upgrade, reduce or eliminate entirely, at its sole option, the landscaping and other amenities in order to simplify or minimize the amount of time, effort and cost that maintenance of the entryway will require. C. Landscaping. All landscaping shall be in conformance with the City's Zoning Ordinance, and as interpreted and approved by the City staff. D. Signage. All signage shall be in conformance with the City's Sign Regulation. Section 5.7: Water and Wastewater Requirements 5.7 A. The installation of all water and wastewater lines shall be in conformance with Section 3.9 of this Ordinance. B. No final plat shall be approved for any subdivision within the City or its extraterritorial jurisdiction until the applicant has made adequate provision for a water system and a sanitary sewer system of sufficient capacity to adequately provide service to all tracts and lots within the area to be subdivided. The design and construction of the water City of Wylie, Texas Subdivision Ordinance84 Adopted 2-25-03,Amended 7-24-07 system and of the sanitary sewer system to serve the subdivision shall be in conformance with the City's master plans for water and wastewater facilities and with the Design Manuals and Standard Construction Details, and shall be approved by the City Engineer (also see Section 3.9). C. Water system with mains of sufficient size and having a sufficient number of outlets to furnish adequate and safe domestic water supply and to furnish fire protection to all lots shall be provided. Water lines shall extend to the property line in order to allow future connections into adjacent undeveloped property, and a box for the water meter(s) for each lot shall be installed either in the right-of-way or immediately adjacent to the right- of-way in an easement. D. Services for utilities shall be made available to the property line of each lot in such a manner as will minimize the necessity for disturbing the street pavement and drainage structures when connections are made. E. Fire protection shall be provided in accordance with Section 3.9 of this Ordinance, with the City's Design Manuals and Standard Construction Details Manual,and with any other City policy or ordinance pertaining to fire protection or suppression. The Fire Chief shall have the authority to approve the locations and placement of all fire hydrants and fire lanes and he or she may, at his or her discretion, modify fire hydrant spacing or fire lane placement based upon special design or distance circumstances. Section 5.8: Improvement of Adjacent(Perimeter) Streets and Utilities 5.8 A. When a proposed subdivision,whether residential or nonresidential, abuts on one or both sides of an existing substandard street, or on a planned or future road as shown on the Thoroughfare Plan, being substandard according to the then existing current Thoroughfare Plan,the developer shall be required to improve his or her reasonable share of the existing on-site facility as that term is defined herein, including appurtenant sidewalks, screening and landscaping, storm drainage structures,water quality or erosion controls,and other utilities as defined in Section 1.13,to bring the same to City standards, or to replace it with a standard City street as determined by the traffic impact analysis, if required, at no cost to the City. B. The developer's share of improvements to a substandard perimeter road shall be twenty- five (25) feet of pavement (including curb, if any), which is approximately equivalent to half of a collector street width (i.e., two through traffic lanes), along the entire front footage of the subdivision, unless the traffic impact analysis, if required, indicates that some other pavement width is needed to achieve and maintain an acceptable level of service on the roadway. If the subdivision is to be located on both sides of the roadway, twenty-five (25) feet of pavement shall be constructed by the developer on each side of the road along the entire front footage of the subdivision on each respective side of the road, unless the traffic impact analysis determines otherwise. Design and construction of the roadway shall be in accordance with the City's Thoroughfare Plan(with respect to right-of-way width and general location, the Design Manuals, and with any other applicable City codes and ordinances. City of Wylie, Texas Subdivision Ordinance85 Adopted 2-25-03,Amended 7-24-07 Depending upon the specific roadway in question, and upon the traffic impact analysis results, any oversizing above the twenty-five (25) feet width shall be borne by the City, the County,the State or by some other entity. The City Council may, at its option,accept escrow funds in lieu of immediate roadway construction if the subdivision derives principal access from another improved roadway and if delaying construction and improvement of the road will not harm or otherwise inconvenience neighboring property owners or the general public. C. Streets which dead-end at power lines or similar rights-of-way or easements, and which are intended for future extension across these rights-of-way or easements, shall be constructed in the right-of-way or easement for half the distance across the right-of-way or easement, and shall be further restricted as set forth in Section 3.1 of this Ordinance. As with any other dead-end street, a note shall be placed on the final plat clearly labeling the dead-end streets that will, at some point,be extended across the power line easement (or right-of-way), and signage shall be placed at the end of the constructed street stub, such as on the barricade,also stating that the street will be extended in the future. Signage size and lettering shall be in accordance with the City requirements. Section 5.9: Storm Drainage and Water Quality Controls 5.9 A. An adequate storm sewer system consisting of inlets, pipes and other underground structures with approved outlets shall be constructed where runoff of storm water and the prevention of erosion cannot be accomplished satisfactorily by surface drainage facilities. Areas subject to flood conditions or inadvertent storm water retention, such as standing or pooling water, as established by the City Engineer, will not be considered for development until adequate drainage has been provided. B. The criteria for use in designing storm sewers, culverts, bridges, drainage channels, and drainage facilities shall confoliii to Section 3.10 of this Ordinance. In no case shall drainage areas be diverted artificially to adjacent properties or across roadways. Storm water drainage from one lot onto another shall not be allowed unless such does not pose any harm or inconvenience to the downstream property owner(s), unless specifically approved by the City Engineer, and unless the necessary off-site drainage easement is procured on the affected property(s). C. The developer shall ensure that all drainage improvements within public easements or rights-of-way are functioning properly prior to the expiration of the maintenance bond. The developer shall be responsible for removing any significant build-up of sediment or debris from drainage improvements, with the exception of backlot and sidelot drainage swales, at the eleventh month of the second year for the required two-year maintenance bond for the applicable facilities. The City shall inspect the improvements to determine any maintenance or correction of deficiencies at the conclusion of this period. City of Wylie, Texas Subdivision Ordinance86 Adopted 2-25-03,Amended 7-24-07 VI. REQUIREMENTS FOR ACCEPTANCE OF SUBDIVISIONS BY THE CITY OF WYLIE Section 6.1: Withholding City Services and Improvements Until Acceptance 6.1 A. The City hereby defines its policy to be that the City will withhold all City services and improvements of whatsoever nature, including the maintenance of streets and the furnishing of all other City services from any subdivision or property until all of the street,utility,storm drainage and other public improvements,as well as lot improvements such as retaining walls and grading and installation of improvements required for proper lot drainage and prevention of soil erosion on the individual residential lots, are properly constructed according to the approved engineering plans and to City standards, and until such public improvements are dedicated to and accepted by the City. Section 6.2: Guarantee of Public Improvements 6.2 A. Property Owner's Guarantee. Before accepting for filing the final plat of a subdivision located all or partially within the City or its extraterritorial jurisdiction, the City Council must be satisfied that all required public improvements have been(or will be)constructed in accordance with the approved engineering plans and with the requirements of this Ordinance. B. Improvement Agreement and Guarantee. The City Council may waive the requirement that the applicant complete and dedicate all public improvements prior to acceptance of the final plat for filing, and may permit the property owner to enter into an improvement agreement by which the property owner covenants to complete all required public improvements no later than five (5)years following the date upon which the final plat is approved. The City Council may also require the property owner to complete or dedicate some of the required public improvements prior to acceptance of the final plat, and to enter into an improvement agreement for completion of the remainder of the required improvements during such two (2) year period. The improvement agreement shall contain such other terms and conditions as are agreed to by the property owner and the City. C. Improvement Agreement Required for Oversize Reimbursement. The City shall require an improvement agreement pertaining to any public improvement for which the developer shall request reimbursement from the City for oversize costs. The City Council, as it deems appropriate, has the authority to authorize the approval of such agreement as meeting the requirements of the City, and the City shall not withhold approval as a means of avoiding compensation due under the terms of this Ordinance. The City Manager is authorized to sign an improvement agreement on behalf of the City. City of Wylie, Texas Subdivision Ordinance87 Adopted 2-25-03,Amended 7-24-07 D. Security. Whenever the City permits an applicant to enter into an improvement agreement, it shall require the applicant to provide sufficient security, covering the completion of the public improvements. The security shall be in the form of cash escrow or, where authorized by the City, a performance bond or letter of credit or other security acceptable to the City Manager and the City Attorney, as security for the promises contained in the improvement agreement. Security shall be in an amount equal to one hundred (100) percent of the estimated cost of completion of the required public improvements and lot improvements. The issuer of any surety bond and letter of credit shall be subject to the approval of the City Manager and the City Attorney. E. Performance Bond. If the City Council authorizes the applicant to post a performance bond as security for its promises contained in the improvement agreement, the performance bond shall comply with the following requirements: 1. All performance bonds must be in the forms acceptable to the City Manager and the City Attorney; 2. All performance bonds must be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies", as published in Circular 570,as may be amended,by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury; 3. All performance bonds must be signed by an agent, and must be accompanied by a certified copy of the authority for him or her to act; 4. All performance bonds shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue performance bonds for the limits and coverage required. If the surety on any performance bond furnished by the applicant is declared bankrupt, or becomes insolvent, or its right to do business in terminated in the State of Texas, or the surety ceases to meet the requirements listed in Circular 570, the developer shall, within twenty (20) calendar days thereafter, substitute another performance bond and surety,both of which must be acceptable to the City. F. Letter of Credit. If the City Council authorizes the applicant to post a letter of credit as security for its promises contained in the improvement agreement, the letter of credit shall: 1. Be irrevocable; 2. Be for a term sufficient to cover the completion, maintenance and warranty periods, but in no event less than two (2) years; and 3. Require only that the City present the issuer with a sight draft and a certificate signed by an authorized representative of the City certifying to the City's right to draw funds under the letter of credit. City of Wylie, Texas Subdivision Ordinance88 Adopted 2-25-03,Amended 7-24-07 G. As portions of the public improvements are completed in accordance with the Design Manuals And Standard Construction Details and the approved engineering plans, the applicant may make written application to the City Manager to reduce the amount of the original security. If the City Manager is satisfied that such portion of the improvements has been completed in accordance with City standards, he or she may,but is not required to, cause the amount of the security to be reduced by such amount that he or she deems appropriate, so that the remaining amount of the security adequately insures the completion of the remaining public improvements. H. The developer shall guarantee all public improvements free of defects for a two (2)year period. Upon acceptance by the City of all required public improvements, the City shall reimburse 100% of the security if the applicant is not in breach of the improvement agreement. Section 6.3: Temporary Improvements 6.3 The applicant shall build and pay for all costs of temporary improvements required by the City, and shall maintain those temporary improvements for the period specified by the City. Prior to construction of any temporary facility or improvement, the applicant shall file with the City a separate improvement agreement and escrow or, where authorized, a letter of credit, in an appropriate amount for temporary facilities, which agreement and escrow or letter of credit shall ensure that the temporary facilities will be properly constructed, maintained and removed. Section 6.4: Government Units 6.4 Governmental units to which these contract and security provisions apply may file, in lieu of the contract and security,a certified resolution or ordinance from officers or agents authorized to act in their behalf, agreeing to comply with the provisions of this Section. Section 6.5: Failure to Complete Improvements 6.5 A. For plats for which no improvement agreement has been executed and no security has been posted,if the public improvements are not completed within the period specified by the City, the plat approvals shall be deemed to have expired. In those cases where an improvement agreement has been executed and security has been posted,and the required public improvements have not been installed within the terms of the agreement, the City may: 1. Declare the agreement to be in default and require that all the public improvements be installed regardless of the extent of completion of the development at the time the agreement is declared to be in default; 2. Suspend final plat approval until the public improvements are completed, and may record a document to that effect for the purpose of public notice; City of Wylie, Texas Subdivision Ordinance89 Adopted 2-25-03,Amended 7-24-07 3. Obtain funds under the security and complete the public improvements itself or through a third party; 4. Assign its right to receive funds under the security to any third party, including a subsequent owner of the subdivision for which public improvements were not constructed, in whole or in part, in exchange for that subsequent owner's promise to complete the public improvements on the property; or 5. Exercise any other rights or remedies available under the law. Section 6.6: Acceptance of Dedication Offers 6.6 Acceptance of formal offers for the dedication of streets,public areas,easements or parks shall be by authorization of the City Manager. The approval by the City Council of a preliminary or final plat shall not, in and of itself, be deemed to constitute or imply the acceptance by the City of any street, public area, easement or park shown on the plat. The City may require the plat to be endorsed with appropriate notes to this effect. Section 6.7: Maintenance and Guarantee of Public Improvements 6.7 The property owner shall maintain all required public improvements for a period of two (2) years following acceptance of the subdivision by the City, and shall also provide a two-year maintenance bond (warranty) that all public improvements will be free from defects for a period of two (2) years following such acceptance by the City. Section 6.8: Construction Procedures 6.8 A. A site development peliiiit is required from the City prior to beginning any site development-related work in the City or its extraterritorial jurisdiction which affects erosion control, storm drainage, vegetation or tree removal, or a flood plain. B. Preconstruction Conference. The City shall require that all contractors participating in the construction meet for a preconstruction conference to discuss the project prior to release of a grading permit and before any filling, excavation, clearing or removal of vegetation and trees that are larger than six (6) inch caliper. All contractors shall be familiar with, and shall conform with, applicable provisions of the City's landscape ordinance and tree protection/preservation ordinance (Sections 7.6 and 7.7 of the Wylie Zoning Ordinance, respectively). C. Conditions Prior to Authorization. Prior to authorizing release of a site development permit, the City Engineer shall be satisfied that the following conditions have been met: 1. The preliminary plat has been approved by the City Council (and any conditions of such approval have been satisfied); 2. All required engineering documents are completed and approved by the City Engineer; City of Wylie, Texas Subdivision Ordinance90 Adopted 2-25-03,Amended 7-24-07 3. All necessary off-site easements and dedications required for City-maintained facilities and not shown on the plat must be conveyed solely to the City, such as by filing of a separate instrument,with the proper signatures affixed. The original of the documents and the appropriate fees for filing the documents at the appropriate County of Record requirements, and the City's submission guidelines, as may be amended from time to time shall be returned to the City prior to approval and release of the engineering plans by the City Engineer; 4. All contractors participating in the construction shall be presented with a set of approved plans bearing the stamp of release of the City Engineer, and at least one set of these plans shall remain on the job site at all times; 5. A complete list of the contractors, their representatives on the site, and telephone numbers where a responsible party may be reached at all times must be submitted to the City; and 6. All applicable fees must be paid to the City. D. Nonpoint Source Pollution Controls and Tree Protection. All nonpoint source pollution controls, erosion controls, and tree protection measures and devices shall be in place, to the City Engineer's satisfaction,prior to commencement of construction on any property. Section 6.9: Inspection and Acceptance of Public Improvements 6.9 A. General Procedure. Construction inspection shall be supervised by the City Engineer. Construction shall be in accordance with the approved engineering plans and the Design Manuals and Standard Construction Details of the City of Wylie (and other applicable codes and ordinances). Any change in design that is required during construction should be made by the licensed professional engineer whose seal and signature are shown on the plans. Another engineer may make revisions to the original engineering plans if so authorized by the owner of the plans, and if those revisions are noted on the plans or documents. All revisions shall be approved by the City Engineer. If the City Engineer finds, upon inspection, that any of the required public improvements have not been constructed in accordance with the City's standards and Design Manuals and Standard Construction Details, then the property owner shall be responsible for completing and correcting the deficiencies such that they are brought into conformance with the applicable standards. B. Letter of Satisfactory Completion. The City will not deem required public improvements satisfactorily completed until the applicant's engineer or surveyor has certified to the City Engineer, through submission of detailed sealed "as-built", or record, drawings of the property which indicate all public improvements and their locations, dimensions, materials and other information required by the City Engineer, and until all required public improvements have been completed. The "as-builts" shall also include a complete set of sealed record drawings of the paving, drainage, water, sanitary sewer and other public improvements, showing that the layout of the lines and grades of all public City of Wylie, Texas Subdivision Ordinance91 Adopted 2-25-03,Amended 7-24-07 improvements are in accordance with engineering plans for the plat, and showing all changes made in the plans during construction, and containing on each sheet an"as-built" stamp bearing the signature and seal of the licensed professional engineer and the date. One reproducible drawing of the utility plan sheets containing the as-built infounation shall also be submitted. The engineer or surveyor shall also furnish the City with a copy of the approved final plat and the engineering plans, if prepared on a computer-aided design and drafting(CADD) system,in such a digital format(on disk)that is compatible with the City Engineer's CADD system. When such requirements have been met to the City Engineer's satisfaction, the Planning Director shall thereafter make a recommendation to the City Council for consideration of satisfactory completion of the public improvements. Once the City Council votes its approval of satisfactory completion, the City Engineer shall issue the Letter of Satisfactory Completion. Acceptance of the development shall mean that the developer has transferred all rights to all the public improvements to the City for use and maintenance. The City Council may, at its option, accept dedication of a portion of the required public improvements if the remaining public improvements are not immediately required for health and safety reasons, and if the property owner has posted a performance bond, letter of credit or cash bond in the amount of one hundred(100)percent of the estimated cost of those remaining improvements for a length of time to be determined by the City Council. If the remaining public improvements are greater than ten thousand (10,000) dollars and are not completed within the determined length of time, the City will impose a penalty that equals ten (10) percent of the performance bond, letter of credit, or cash bond. The obligation to complete the improvements remains with the developer, and all future building permits or certificates of occupancy will be withheld until the improvements are complete. If the remaining public improvements are less than ten thousand (10,000) dollars, the developer shall pay the actual dollar amount. The length of time may be extended due to inclement weather or unforeseen delays by mutual agreement between the developer and the City. Upon acceptance of the required public improvements, the City Engineer shall submit a certificate to the developer stating that all required public improvements have been satisfactorily completed. Section 6.10: Deferral of Required Improvements 6.10 A. The City Council may, upon petition of the property owner and favorable recommendation of the City Engineer, defer at the time of plat approval, subject to appropriate conditions, the provision of any or all public improvements as, in its judgment, are not required in the immediate interests of the public health, safety and general welfare. City of Wylie, Texas Subdivision Ordinance92 Adopted 2-25-03,Amended 7-24-07 B. Whenever a petition to defer the construction of any public improvements required under this Ordinance is granted by the City Council,the property owner shall deposit in escrow his or her share of the costs (in accordance with City participation and oversizing policies) of the future public improvements with the City prior to approval of the plat, or the property owner may execute a separate improvement agreement secured by a cash escrow or, where authorized, a letter of credit guaranteeing completion of the deferred public improvements upon demand of the City. Section 6.11: Issuance of Building Permits and Certificates of Occupancy 6.11 No building permit shall be issued for a lot, building site, building or use of a lot or building unless the lot or building site has been officially recorded by a final plat approved by the City Council, and unless all public improvements, as required by this Ordinance for final plat approval have been completed. City of Wylie, Texas Subdivision Ordinance93 Adopted 2-25-03,Amended 7-24-07 VII. FILING FEES & PLAT RE-SUBMISSION REQUIREMENTS Section 7.1: Schedule of Fees and Re-Submission Requirements 7.1 A. Fees and charges, as well as other submission requirements, for the submission of applications for the approval of any type of plat and for engineering review and inspection shall be as provided at City offices, and may be amended from time to time. It is the applicant's responsibility to obtain and comply with the City's current fee schedule and submission requirements. B. Such fees and charges shall be imposed and collected on all applications for approval of a concept plan or any type of plat,regardless of the action taken by the City Planning and Zoning Commission and City Council thereon. Such fees shall be collected for the purpose of defraying the costs of administrative, clerical, engineering, planning and inspection services necessary to properly review and investigate plats and subdivision construction. C. Should a development proposal or plat application lapse or expire, or should it be denied by the Commission or the Council, then that application ceases "pending" status and the project, and its corresponding series of development approvals and permits, shall be deemed to be ended, or "completed". Any re-application for any type of development approval for that property shall be considered commencement of a new project, and shall be accompanied by new application materials, including new submission fees, and shall conform to all applicable City ordinances in effect at the time of submission of the new application. D. All required fees, unless specifically stated otherwise herein, shall be paid as required in other sections of this Ordinance. Inspection fees may be paid at the time the actual inspection is made of the project. City of Wylie, Texas Subdivision Ordinance94 Adopted 2-25-03,Amended 7-24-07 VIII. EFFECTIVE DATE; ADOPTION Section 8.1: Effective Date 8.1 This Ordinance shall be effective as of the date of its adoption. Section 8.2: Adoption of Ordinance 8.2 Passed and adopted by the City Council of the City of Wylie, Texas, this 25TH day of February, 2003. Mayor City of Wylie, Texas ATTEST: City Secretary City of Wylie, Texas [City Seal] APPROVED AS TO FORM: City Attorney City of Wylie, Texas City of Wylie, Texas Subdivision Ordinance95 Adopted 2-25-03,Amended 7-24-07 7/26/2019 86(R)HB 2840-Enrolled version-Bill Text H.B. No. 2840 AN ACT relating to the right of a member of the public to address the governing body of a political subdivision at an open meeting of the body. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1 . Subchapter A, Chapter 551, Government Code, is amended by adding Section 551.007 to read as follows: Sec. 551.007 . PUBLIC TESTIMONY. (a) This section applies only to a governmental body described by Sections 551.001 (3)_(B) - (L) . (b) A governmental body shall allow each member of the public who desires to address the body regarding an item on an agenda for an open meeting of the body to address the body regarding, the item at the meeting before or during the body' s consideration of the item. (c) A governmental body may adopt reasonable rules regarding the public's right to address the body under this section, including rules that limit the total amount of time that a member of the public may address the body on a given item. _(d) This subsection applies only if a governmental body does not use simultaneous translation equipment in a manner that allows the body to hear the translated public testimony simultaneously. A rule adopted under Subsection (c) that limits the amount of time that a member of the public may address the governmental body must provide that a member of the public who addresses the body through a translator must be given at least twice the amount of time as a member of the public who does not require the assistance of a translator in order to ensure that non-English speakers receive the same opportunity to address the body. _(e) A governmental body may not prohibit public criticism of the governmental body, including criticism of any act, omission, policy,_procedure,_program, or service. This subsection does not apply to public criticism that is otherwise prohibited by law. SECTION 2. This Act takes effect September 1, 2019. President of the Senate Speaker of the House I certify that H.B. No. 2840 was passed by the House on May 3, 2019, by the following vote: Yeas 138, Nays 3, 1 present, not voting. Chief Clerk of the House I certify that H.B. No. 2840 was passed by the Senate on May 22, 2019, by the following vote: Yeas 31, Nays O. Secretary of the Senate APPROVED: Date Governor https://capitol.texas.gov/Search/DocVieweraspx?ID=86RHB028405B&QueryText="HB+2840"&DocType=B 1/2 7/26/2019 86(R)HB 2840-Enrolled version-Bill Text https://capitol.texas.gov/Search/DocViewer.aspx?ID=86RHB028405B&QueryText="HB+2840"&DocType=B 2/2 Wylie CityCouncil Y AGENDA REPORT Meeting Date: August 13, 2019 Item Number: WS 3 Department: City Manager (City Secretar);'s Use Only) Prepared By: Account Code: Date Prepared: Exhibits: Subject Budget FY 2019-2020 Recommendation Discussion Page 1 of 1 PUBLIC WORKS YEARLY MOWING LABOR AND MATERIALS COST ESTIMATES 7/25/19 LABOR ESTIMATES escript►on'. No.Staff Hours Avg Hourly* Total Notes Streets,Water and Sewer Personnel Hours were determined by calculating the following:8 (Outside of 3 Months Public Works Has 3 720 $14.79 $ 31,946.40 hours/day*5days/wk*18wks(approximately 4 and 1/2 Summer Mowing Staff) months). Streets,Water and Sewer Personnel Includes estimated additional man hours spent to help catch up (Needed for Additional Assistance During mowing when needed for various reasons such as the weather the 3 Months Public Works Has Summer 6 40 $14.79 $ 3,549.60 or other high priority projects/items.This year additional Mowing Staff) assistance was needed on McMillen and Pleasant Valley. Summer Mower Personnel $ 20,624.25 Budgeted amount. Total Labor $ 56,120.25 *-Average Hourly is a conservative estimate as it refers to the cost of a Maintenance Worker 1 position. Often we will also need Maintenance Works 2 positions to assist. MATERIALS ESTIMATES Mowers 3 $ 7,000.00 6 $ 3,500.00 6 years is the estimated life expectancy of a mower. Weed Eaters 3 $ 300.00 $ 900.00 Public Works purchases an average of 3 new weed eaters per year to replace old and broken units. Blade Weed Eaters 1 $ 350.00 $ 350.00 Public Works purchases an average of 1 new blade weed eater per year to replace old and broken units. Maintenance(Truck,Trailer, Mowers and This is a general cost for maintenance of truck,trailer,mowers, Weed Eaters) $ 2,500.00 and weed eaters,assuming no major issues during a year. Fuel $ 1,000.00 This is a general cost based on previous year purchases. TOTAL MATERIALS` $ 8,250.00 TOTAL LABOR&MATERIALS $ 64,370.25 PUBLIC WORKS PROPOSED FY1 -20 ORGANIZATIONAL CHART PUBLIC WORKS DIRECTOR ' ADMINISTRATIVE PUBLIC WORKS III IPROJECT ENGINEER, ASSISTANT I "'' SUPERINTENDENTII , ENGINEERING FLEET ASSISTANT II STREETS D6VISION i WATER UT�IT CONSTRUCTION a3 MAINTENANCE ; SUPER111TEN'DENT I SUPERVISOR SUPERVISOR II SUPERVISOR, CIORDINAT t (OPERATION , !y d L + ix N .. dS ` .N B,J o i UTILITIES SIGNALS TORMWATER CREW STREETS STREETS FIEF, WASTEIMP R � WASTEWATER WATER WATE` ,,WATER QUALITY'S',“ INSPECTOR RE. L R LEADER G W'SAGE CREWLEADEI2 MAINTE d EWLEADE. 2'II � ' ; , BAR' >� ,; ; � � Rk">+VL � � CR , CREWLEADER�'' !�Rk'tiMLEApEi�"� SPE�+IALIST�, ,,:, INS CREW6. 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Ill'i''''''.0.'lam* 416•174.4t.',10.1. i'0.:.., .,!1•5:. ::P.7.51FHI!!!!4"0:11141 ...:!::!!!!...) ::.'',:::',!,,. ...•:::,!110.141,10..L• ,.:',.1!4: llowe Changes to Estimated Tax Revenue Estimated Revenue Actual Revenue Variance Current Tax Revenue 22,924,887 23,23O 769 305,882 Frozen Property Tax Revenue 1,391,516 1,581,974 190,458 New Construction 944,760 912,598 (32,1.62) 25,261,163 25,725,341 464,1.78 i) M&O Percentage of Effective Tax Rate increased from 74.15% to 74.98%. 2) Revenue Projections were based on last year's certified values and not on final taxable values after ARB decisions. 3) Value cap resets when existing properties are sold. 4) Previously frozen properties no longer frozen when sold. 2