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Ordinance 1993-34 ORDINANCE NO. flJ .~I AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING CHAPTER 12 OF THE WYLIE CITY CODE BY MAKING CERTAIN CHANGES TO THE EXISTING ZONING ORDINANCE, AS CODIFIED IN SECTION 1 OF CHAPTER 12, BY AMENDING THE SECTION RELATING TO CONSTRUCTION STANDARDS FOR EXTERIOR WALLS, BY ALLOWING NON-COMPLIANCE WITH SUCH EXTERIOR WALL CONSTRUCTION STANDARDS WITH SPECIAL USE PERMITS; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council has the authority to amend the City's Zoning Ordinance, under section 34.2 thereof; and, WHEREAS, the Planning and Zoning Commission, after fIrst giving all requisite hearings and having all requisite hearings, has made recommendations concerning enactment of the hereinafter specifIed amendments to the Zoning Ordinance; and, WHEREAS, the City Council has held a public hearing with respect to all of the proposed changes, after fIrst giving all requisite notice thereof; and, WHEREAS, the City Council has determined that the proposed changes are in keeping with the stated policy of the City's Zoning Regulations and are otherwise in the best interest of the community; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That the Zoning Ordinance of the City of Wylie, as set forth in Exhibit A to Section 1, Chapter 12 of the Wylie City Code, as heretofore recently amended by Ordinance 93-22 be, and the same hereby is, further amended by deletion of Section 25.7.1 "Exterior Wall Standards, Residential" and substituting the following therefore: "A. Exterior wall construction for all structures to be used as a residence, located in any zoning district consist of a minimum of 75 % masonry or masonry veneer. For the purpose of this section masonry or masonry veneer are defIned as brick, stone, decorative concrete block, or such other similar material as approved by the building offIcial. " B. No single wall face of any residence shall contain less than 75% of its exposed 1 surface of masonry construction as herein specifIed. C. Exterior wall construction for residential structures, other than in accordance with this section shall be allowed only on issuance of a specifIc use permit, in accordance with Section 23 of the Zoning ordinance. D. Where more than 60 % of existing number of residential structures along both sides of a street and lying between the two nearest intersecting streets do not meet the above minimum standards, the Building Official may allow new construction to be equal to that majority existing, but in no case less than required by the Uniform Building Code." SECTION II That the Zoning Ordinance of the City of Wylie, as set forth in Exhibit A to Section 1, Chapter 12 of the Wylie City Code, as heretofore recently amended by Ordinance 93-22 be, and the same hereby is, further amended by addition of the following to Section 25.7.2 "Non Residential Exterior Wall Standards" : "D. Exterior wall construction other than in accordance with this section shall be allowed only on issuance of a specifIc use permit, in accordance with Section 23 of the Zoning ordinance. " SECTION III That any person violating the provisions of this ordinance, or any part hereof, shall be guilty commits an unlawful act and shall be subject to the general penalty provisions of the Wylie Zoning Ordinance, City Code as set forth in Section 38 thereof, as the same now exists or is hereafter amended. SECTION IV 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 V 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. 2 SECTION VI 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 VII 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. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 27th day of July, 1993. . ATIFST: i!2~-I(f(I~ Mary Nicho s City Secretary 3