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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. n j ` ~ ~ Eric Hogue, y ~1~~1~:2iVFO :~~II a°~ ~ ~rd ATTEST: ~ ~~f = ~ ~ - _ - Carole Ehrlic ity Secretaxy ; _ : , ~ ~ ~~'~i ~`~Y~~ ~ ~ ~ i,~ ; ~t' L ~i.`~' `o~' ~ t !'~~4F!1~ !l194iS\! 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 I 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•