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Ordinance 2008-01 ORDINANCE NO. 2008-01 ~ AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ZONING ORDINANCE NO. 2005-28 ARTICLE 3(RESIDENTIAL DISTRICT REGULATIONS) AS IT RELATES TO YARD REQUIREMENTS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY 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. 2005-28 Article 3(Residential District Regulations) as it relates to Yard Requirements; and WHEREAS, Chapter 211 of the Texas Local Government Code only authorizes Wylie to establish zoning districts within the city limits; and WHEREAS, Wylie has complied with all notices and public hearings as required by law; and WHEREAS, the City Council finds that in the best interest of the citizens of Wylie to amend Zoning Ordinance No. 2005-28 Article 3(Residential District Regulations) as it relates to Yard Requirements, should be amended as set forth in Exhibit A(attached). 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 Zonin~ Ordinance No 2005-28 Article 3(Residential District Re~ulations) as it relates to Yard Requirements. Amendment to Zoning Ordinance No. 2005-28 Article 3 (Residential District Regulations) as it relates to Yard Requirements, is hereby amended to read as shown in Exhibit A (attached): SECTION 3: Savin s~ /Repealing Clause: Wylie's Comprehensive Zoning Ordinance No. 2001-48, 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 All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution far violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. Ordinance No. 2008-01 Amending Ordinance 2006-28, Article 3 Residential District Regulations (Yard Requirements) SECTION 4: Severabilitv: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is ~ expressly 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, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 2001-48, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). 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 on this 8th day of January, 2008. John Mo d~, Mayor `~~~~~n ii~~ii~~ .~`~~y ~ F W Y~''~ ATTESTED TO AND CORRECTLY RECORDED BY: = = - • _ ~ S~ -L - . = ~ = . : ~ ~ . . o. ; Pc~ ole Ehrli , ity Secretary ~ E, TE~ ~~iuii,~~~ APPROVED AS TO FORM: Abernathy, Roeder, Boyd & Joplin, P.C. 7u~'Qf''t ~i c,l~t~i(. ~Cr n ti~ City Attorneys Date of publication in The Wvlie News - Januarv l 6, 2008 Ordinance No. 2008-01 Amending Ordinance 2006-28, Article 3 Residential District Regulations (Yard Requirements) EXHIBIT "A" Subsection 4(Additional Provisions) of Sections 3.1.A.4.e, 3.1.B.4.d, 3.2.A.4.b, 3.2.B.4.b, 3.3.A.4.b, and 3.3.C.4.e shall read: Non-Enclosed attached patio covers, although an addition to and part of the main structure, shall be exempt from the rear yard set back 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. The following lot coverage shall be made a part of Article 3 Residential District Regulations: Fi ure 3-1 - A riculturai District (AG/30) Yard Re uirements - Main Structures Lot Coverage 45% Fi ure 3-2 - Sin le Famil 1 Acre District (SF-1A/30) Yard Requirements - Main Structures Lot Covera e 45% Fi ure 3-4 - Sin le Famil 20 District (SF-20/26) Yard Requirements - Main Structures Lot Covera e 45% Fi ure 3-5 - Sin le Famil 10 District (SF-10/24) Yard Requirements - Main Structures Lot Covera e 45% Fi ure 3-7 - Townhouse District (TH) Yard Re uirements - Main Structures Lot Coverage 60% Fi ure 3-9 - Manufactured Home Subdivision (MH) Yard Re uirements - Main Structures Lot Covera e 50% Ordinance No. 2008-01 Amending Ordinance 2006-28, Article 3 Residential District Regulations (Yard Requirements) ~ C8~S Media, Inc. ~he ~armergbiCle ~imeg • Murphy Monitor • The Princeton Herald • The Sachse News • THE WYLIE NEWS N" ' F TEXAS ~ ~ STATE O ( p~ ~ 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. 2008-O1 was published in said newspaper on the following dates, to-wit: January 16, 2008. Chad Engbrock, Publisher Subscribed and sworn before me on this, the day of C ~ , 2008 to certify which witness my hand and seal of office. `.~~`'Arvpe+~ MARY SWANK r • Notary PU4~lie, St~cm of T~sXaS ~'°-,~--•.~Y ~~•1~.~.% `_~_.~r..-~/~ = My Cammissi~n Expi~~~ '~y,a ;p~ Septemb~r 2~, 2oto Notar Public in and for 11i11\\~ The State of Texas c "J. - C r C My commission expires fi 4 RECEIVED FEB 0 4 2008 FINANCE Murphy/Sachse/Wylie Office • 110 N. Ballard • P.O. Box 369 • Wylie, TX 75098 • 972-442-5515 • fax 972-442-4318 Fazmersville/Princeton Office • 101 S. Main • P.O. Box 512 • Fa~n~e~sville, TX 75442 • 972-784-6397 • fas 972-782-7023 January 16 - 17 , 2008 - C&S MEDIA PUBLICATION~ -~'ection C_page 3 /"ARD~'~,r""r NO. 2008-O1 AN ORDINANCE OF THE CTTY OF WYLIE, TEXAS, AMENDING ZONING ORDINANCE NO. 2005-28 ARTICLE 3 (RESIDENTIAL DIS- TRICT REGULATIONS) AS IT RELATES TO YARD REQUIRE- MENTS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDI- NANCE; AND PROVID- ING FOR THE PUBLI- CATION OF THE CAP- TIOlv HEREOF. Jahn Mondy, Mayor ATTEST: Cazole Ehrlich, City Secretary 1 35-1 t-339-331i