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Ordinance 2011-02 �� ORDINANCE NO. 20ll-02 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ZONING ORDINANCE 2006-04, ARTICLE 5, SECTION S.1.J (ACCESSORY USES), OF THE WYLIE COMPREHENSIVE ZONING ORDINANCE; ALLOWING FOR AND PROVIDING CERTAIN SAFEGUARDS RELATING TO HOME OCCUPATIONS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND 5EVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend Zoning Ordinance No. 2006-04, Article 5, Section S.1.J (Accessory Uses). NOW, THEREFORE BE IT, ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: � SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Zoning Ordinance No. 2006-04, Article 5 The City of Wylie's Comprehensive Zoning Ordinance No. 2006-04, Article 5, Section S.I.J (Accessary uses), is hereby amended to read as follows: ARTICLE 5 USE REGULATIONS SECTION 5.2 LISTED USES J. Accessory Uses 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. Permitted Districts: See Land Use Charts in Section 5.1. � c. Required Parking: None, other than required for the primary structure. d. Required Loading: None e. Additional Provisions: Ordinance 2011-02 Home Occupation — ZC2010-04 Amendment of Ordinance 2006-04 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 from outside the dwelling. (6) The use of utilities 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 inechanical 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 Zoning Board of Adjustment. (9) As defined by the Human Resource Code, Chapter 42 an "In-home Day Care" ar 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. SECTION 3: Savings/Repealin� Clause: Wylie's Comprehensive Zoning Ordinance No. 2006-04, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occunring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: Severabilitv: Should any section, subsection, sentence, clause or phrase of this C)rdinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expre�sly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subse��tion, clause or phrase thereof irrespective of the fact that any one or more sections, subsertions, sentences, clauses and phrases be declared unconstitutional or invalid. Ordinance 20ll-02 Home i�ccupation — ZC2010-04 Amend.ment of Ordinance 2006-04 SECTION 5: Penaltv Provision: Any person, firm, corporation or entity violating this � Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 2006-04, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 25 day of January, 2011. � Eric Hogue, May r ATTEST: ��4 OF Wp�l � ri ��f/!-��� � Carole Ehrlich, i y Secretary � , DATE OF PUBLICATION: Wednesday, February 2 nd , 2011. _ �` �a "�: . '�r��tss� Ordinance 2011-02 Home Occupation — ZC2010-04 Amendment of Ordinance 2006-04 .. _ _ . }� CS�S M�dia, In`c. �;'�je �armergbille �irne� • Murphy Monitor • The Princeton Herald • The Sachse News • THE WYLIE NEWS l_� `' , �,, C � � � -�,, STATE OF TEXAS � � �, , l? COUNTY OF COLLIN ( Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Ordinance No. 2011-02 was published in said newspaper on the following dates, to-wit: February 2, 2011 Chad Engbrock, Publisher J , Subscribed and sworn before me on this, the � day of �-���.�'° , 2011 to certify which witness my hand and seal of office. R�CEIVED MAR 15 zot� ,. `�.. � ��?. ��N���,,,'� Notary Pub ' and for �-�� The State of Texas �4��y p �16. �,�� .4�. S�ania A Duggan . �; � y Commission Expires � '�� �;�,, '� q os�ozizoi2 My commission expires -� �"" �s ...._.: . .. '� o� � �.0 , . Murphy/Sachse/Wylie Office • 110 N. Ballard • P.O. Box 369 • Wylie, TX 75098 • 972-442-55]5 • fax 972-442-4318 Farmersville/Princeton Office •] 01 S. Main • P.O. Box 512 • Farme�ville, 7'X 75442 • 972-7846397 • fa�c 972-782-7023 C&S Media Publications, February 2-3, 2011 C$ �RLIIlVANCE N0. 2011-02 t�N ORDINANCE OF THE CTTY OF� WYLIE, TE�AS, AMENDING ZON- ING ORDIl�TANCE 2006-04, ARTICLE 5, SECTION S.1.J (ACCESSORY USES), OF THE WYLIE COMPREHENSIVE ZONING ORDI- NANCE; AL�,OWING FOR AND PROVID- ING CERTAIN SAFE- GUARDS REI.aTING TO HOME OCCUPA- TIONS; PROVIDING FOR A PENALTY FOR THE VIOLA- TION OF THIS ORDI- NANCE; PROVIDING POR REPEALING, SAVINGS AND SEV- ERABILITY CLAUS- ES; PROVIDING FOR AN EFFECTNE DATE OF THIS ORDI- NANC�; AND PRO- VIDING FOR THE PUBLICATION OF THE � CAPTION HEREOF. /'�='tl�339