Ordinance 2008-27 ORDINANCE NO. 2008-27
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE
NO. 01-48 OF THE CITY OF WYLIE, TEXAS, BY
AMENDING SECTION 8.1.A TO PROVIDE FOR
REGULATIONS OF POSTING PROPERTY FOR ZONING
CHANGES; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
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. 2001-48, Article 8, Section 8.1,
establishing regulations of posting property far zoning changes; 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 it will be advantageous, beneficial and in the best
interest of the citizens of Wylie to amend Zoning Ordinance No. 2001-48, Article 8, Section 8.1, as
set forth below.
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. 2001-48 The City of Wylie's
~ Comprehensive Zoning Ordinance No. 2001-48 is hereby, amended by the addition of Section
8.1.A.3, which shall read as follows:
Ordinance No. 2008-27
Amending Zoning Ordinance 2001-48
3. 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 thirly (30)
feet of the abutting street, or as determined by the Director of 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 priar 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 Director of the Planning Department but shall advise
that 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 form 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
Ordinance No. 2008-27
Amending Zoning Ordinance 2001-48
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 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.
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.
SECTION 3: SavinSS/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 for 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.
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: Penaltv Provision: Any person, firm, corparation 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
Ordinance No. 2008-27
Amending Zoning Ordinance 2001-48
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
l Oth day of June, 2008.
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Date of publication in The Wvlie News - June 18, 20b8
Ordinance No. 2008-27
Amending Zoning Ordinance 2001-48
~ CS~S Media,, Inc.
~he ~armer~bilCe ~irneg • Murphy Monitor • The Princeton Herald • The Sachse News • THE WYLIE NEWS
STATE OF TEXAS ~D C
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COUNTY OF COLL N
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. 2008-27 and Ordinance No. 2008-28
was published in said newspaper on the following dates, to-wit:
June 18, 2008.
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the day of \ I IJ,oLYlQ . , 2008
to certify which witness my hand and seal of office.
MARY SWANK
: o1pPY VpB~~ .
Notary Public, State of Texas
_ ~ ° My Commission Expires
=;;q.F~"0i; september 22, 20~ o tary Public in and for
The State of Texas
cf_ ~~~d
My commission expires
RECEIVED
JUL 0 1` 2008
FINAI~C~
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 • Fanneisville,l'X 75442 • 972-784-6397 • fa~c 972-782-7023
June 18-19, 2008 7B
ORDINAN ~
NO. 2QU8-Z"~
AN ORI)INANCE OF THE
CITY -OF ~ WYLIE, TEXAS>
AMF~+~51NG-'i'~ C~?~'
HENST.V~ ZC1tt~33G
t~IP?PiCE 1~tU. 01-4'6 OF 't'~
CTt'Y OF WYLIE, T~C~°?s+
BY AMENDING SEC'1
TON
8.1.A TO PRUViD$ POR
REGULATIONS. QF ~OST'
IN+G ,PROPERTY FOR'ZON-
ING _ CHANGES; PR()VIU-
ING FOR TI~ REPEAI. ~F
ALL ORDINANCES IN
CONFLICf; I'~OVIUING A
SE~RA131L~`Y ~AU~E;
AND~~~~
EFFEC'tNE I?A"t'E•