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Ordinance 1993-06 ORDINANCE NO. tfJ - /P AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTIONS 9.1, 10.2, 11.2, 12.2, AND 13.2 OF THE WYLIE ZONING ORDINANCE AS CODIFIED IN CHAPTER 12, SECTION 1 OF THE WYLIE CITY CODE, CONCERNING HEIGHT RESTRICTIONS IN SINGLE FAMILY RESIDENTIAL DISTRICTS SF-I, SF-2, SF-3, TWO FAMILY RESIDENTIAL (2-F) DISTRICTS, AND SINGLE FAMILY ATTACHED (SF-A) DISTRICTS, REPEALING ALL CONFLICTING CODE SECTIONS AND CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City's current zoning ordinance limits structure height in single family residential, two family residential, and single family attached districts to a maximum of 30 feet; and, WHEREAS, the City has received a request to amend the height restrictions to provide for certain limited exceptions, including but not limited to church steeples; and, WHEREAS, the planning and zoning commission, after ftrst publishing all required notices, held a public hearing concerning the change and submitted its ftnal report on the amendment to the City Council, which said report recommends the change; and, WHEREAS, the City Council ftnds that the requested amendment falls within one or more of the acceptable reasons, as set out in Section 34.1 of said ordinance, for making amendments to the Zoning Ordinance; and, WHEREAS, the City Council has power to amend the Zoning Ordinance, pursuant to Section 34 of said ordinance; and, WHEREAS, the City Council fmds that such amendment is in keeping with the orderly development of the community; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That Section 9.1 of the Zoning Ordinance as contained in Section 1, of Chapter 12, of the ORDINANCE NO. PAGE TWO Wylie City Code be, and it hereby is, amended by deleting the existing section, in its entirety and substituting the following therefore: "Height Regulations: No building shall exceed two (2) stories in height. Accessory buildings shall be a maximum of one (1) story in height and in no case shall exceed the height of the main structure. Cooling towers, roofs, gables, chimneys and vent stacks may extendfor an additional height not to exceed forty (40) feet above the average grade of the building. Water stand pipes and tanks, church steeples, domes and spires exceeding nm (2) stories in height may be erected, provided however that one (1) additional foot shall be added to the width and depth of side and rear yards for each foot that such structUres exceed two (2) stories in height. In no event shall any such structUre exceed one hundred (100) feet in height. " SECTION II That Section 10.2 of the Zoning Ordinance as contained in Section 1, of Chapter 12, of the "ylie City Code be, and it hereby is, amended by deleting the existing section, in its entirety and substituting the following therefore: "Height Regulations: No building shall exceed two (2) stories in height. Accessory buildings shall be a maximum of one (1) story in height and in no case shall exceed the height of the main structure. Cooling towers, roofs, gables, chimneys and vent stacks may extend for an additional height not to exceed forty (40) feet above the average grade of the building. Water stand pipes and tanks, church steeples, domes and spires exceeding two (2) stories in height may be erected, provided however that one (1) additional foot shall be added to the width and depth of side and rear yards for each foot that such structUres exceed two (2) stories in height. In no event shall any such structure exceed one hundred (100) feet in height. " SECTION III That Section 11.2 of the Zoning Ordinance as contained in Section 1, of Chapter 12, of the Wylie City Code be, and it hereby is, amended by deleting the existing section, in its entirety and substituting the following therefore: "Height Regulations: No building shall exceed two (2) stories in height. Accessory buildings ORDINANCE NO. PAGE THREE shall be a maximum of one (1) story in height and in no case shall exceed the height of the main structure. Cooling towers, roofs, gables, chimneys and vent stacks may extendfor an additional height not to exceed forty (40) feet above the average grade of the building. Water stand pipes and tanks, church steeples, domes and spires exceeding two (2) stories in height may be erected, provided however that one (1) additional foot shall be added to the width and depth of side and rear yards for each foot that such structUres exceed two (2) stories in height. In no event shall any such structUre exceed one hundred (100) feet in height. n SECTION IV That Section 12.2 of the Zoning Ordinance as contained in Section 1, of Chapter 12, of the Wylie City Code be, and it hereby is, amended by deleting the existing section, in its entirety and substituting the following therefore: "Height Regulations: No building shall exceed two (2) stories in height. Accessory buildings shall be a maximum of one (1) story in height and in no case shall exceed the height of the main structUre. Cooling towers, roofs, gables, chimneys and vent stacks may extend for an additional height not to exceed forty (40) feet above the average grade of the building. Water stand pipes and tanks, church steeples, domes and spires exceeding two (2) stories in height may be erected, provided however that one (1) additional foot shall be added to the width and depth of side and rear yards for each foot that such structUres exceed two (2) stories in height. In no event shall any such structUre exceed one hundred (100) feet in height. " SECTION V That Section 13.2 of the Zoning Ordinance as contained in Section 1, of Chapter 12, of the Wylie City Code be, and it hereby is, amended by deleting the existing section, in its entirety and substituting the following therefore: "Height Regulations: No building shall exceed two (2) stories in height. Accessory buildings shall be a maximum of one (1) story in height and in no case shall exceed the height of the main structUre. Cooling towers, roofs, gables, chimneys and vent stacks may extend for an additional height ORDINANCE NO. PAGE FOUR not to exceed forty (40) feet above the average grade of the building. Water stand pipes and tanks, church steeples, domes and spires exceeding two (2) stories in height may be erected, provided however that one (1) additional foot shall be added to the width and depth of side and rear yards for each foot that such structUres exceed two (2) stories in height. In no event shall any such structUre exceed one hundred (100) feet in height. n SECTION VI Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION VII This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION VIII That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or consistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION IX The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. ORDINANCE NO. PAGE FIVE DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of February, 1993. B~ Jf: t:tbu J W. Akin ayor i/ ~ AITEST: g~ 'I( tW Mary Nicho City Secre " ~ .,__~_.~_~,'__~__~,.............~....__~~.....__...____,,~~,_~_"'__'_~.__._.<_'~_"",,,_____,,,,,,~_~,___"*'M