Ordinance 1993-37
ORDINANCE NO.
tfg-6-1
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AUTHORIZING A SPECIAL
USE PERMIT FOR WYLIE MIDDLE SCHOOL IN REGARD TO MINIMUM
MASONRY REQUIRMENTS FOR PORTABLE CLASSROOM STRUCTURES;
REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY
CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, Section 33 of the Wylie Zoning Ordinance, as Codified in Section 1 of Chapter
12 of the Wylie City Code (Zoning Ordinance), allows for the granting of Special Use Permits
if certain procedures are followed and certain conditions, as therein described, are met; and,
WHEREAS, the Planning and Zoning Commission, after first giving notice of, and duly
conducting, all requisite hearings has recommended to the Council that the Special Use Permit
be issued on the conditions hereinafter described; and,
WHEREAS, the City Council has held a public hearing with respect to the issuance of the
Special Use Permit, after first having given all requisite notice thereof; and,
WHEREAS, the City Council has determined that use which will be allwoed on the granting
the proposed specific use permit is harmonious and adaptable to buildings, structures, and uses
of the abutting property and other property in the vicinity of the premises, and is otherwise in
keeping with the stated policy of the City's Zoning Regulations and in the best interest of the
community; and,
WHEREAS, the Council anticipates and desires that the Specific Use Permit herein granted
will to continue to be needed and used for a period in excess of 18 months making such permit
other than a "temporary specific use permit" as such term is used in Section 23.2.7 of the Zoning
Ordinance, and thereby necessitating that the same be accomplished by amendment of Zoning
Ordinance, as hereinafter specified;
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, be, and it hereby is, amended by addition of the following:
"A Specific Use Permit is granted, pursuant to section 23 of the Zoning Ordinance, to
W.I.S.D. on the premises of the Wylie Middle School, located at 1001 South Ballard, in the City
of Wylie, for the erection and maintenance of portable classroom structures (building units)
whose exterior walls are less than 75% masonry or masonry veneer; provided however that the
permit is issued and made contingent upon the full and continuing compliance with the following
conditions:
a) The terms of this permit shall apply only to the three portable units which currently
exist on the premises AND three more units to be built, and no others; and
b) The access to the three new units shall be covered sidewalks; and
c) The permit herein granted shall continue to be effective for any replacements of the
three existing units, if and only if the replacements buildings have sidewalk coverings as above
required for new units in the preceding paragraph.
The permit herein granted shall not be subject to a prescribed time limit but shall continue
to be valid for so long as the structures effected shall continue to be in continuous use by
W.I.S.D. for educational purposes."
SECTION II
Any person violating the provisions of this ordinance, or any part hereof, shall be guilty
commits an unlawful act and shall be su~ject to the general penalty provisions of the Wylie City
Code as set forth in Section 1-1.06 thereof, as the same now exists or is hereafter amended.
SECTION III
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 IV
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 V
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 VI
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.
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ATTEST: ~ifdwt)
Mary Nichols
City Secretary