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Ordinance 2007-04 ORDINANCE NO. 2007-04 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ARTICLE 5(USE REGULATIONS) SECTION 5.1 (LAND USE CHARTS), SUBSECTION I (WHOLESALE, DISTRIBUTION & STORAGE) AND SECTION 5.2 (LISTED USES), SUBSECTION I(WHOLESALE, DISTRIBUTION & STORAGE) OF T~IE ZONING ORDINANCE ADOPTED AS ORDINANCE NO. 2006-04 PASSED AND APPROVED ON THE 24TH DAY OF JANUARY 2006, TOGETHER WITH ALL AMENDMENTS THERETO; TO ESTABLISI~ REGULATIONS GOVERNING THE LOCATION OF MINI-WAREHOUSE (SELF-STORAGE); PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that the Zoning Ordinance No. 2006-04, Article 5(Use Regulations), of the City of Wylie, Texas ("Wylie"), should be amended to regulate the location of mini-warehouse (self-storage); 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 Wylie's Zoning Ordinance No. 2006-04, Article 5(Use Regulations) as set forth below. NOW, THEREFORE, BE IT ORDAINED BY T~IE CITY COUNCIL OF THE CITY OF WI'LIE, TEXAS: SECTION 1: Findin sg Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to the Zonin~ Ordinance No 2006-04 Article 5 Section 5.1(I) Wholesale Distribution & Stora~e establishing re~ulations specifvin~ the location of Mini-warehouse ~Self-Stora~el. Article 5(IJse Regulations), Section 5.1 (Land Use Charts), Subsection I(Wholesale, Distribution & Storage) of Wylie's Zoning Ordinance No. 2006-04 is hereby amended to regulate the location of mini-warehouse (self-storage), as follows: Ordinance No. 2007-04 Amending Zoning Ordinance Mini-warehouse Regulations Page 1 Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium- High-Density Commercial lndustria/ Hist. Residenfia/ Densify Residential Residential AG/3 SF- SF- SF-10/ TH MF MH WpOLESALE~ NS CR CC L I H I DTH 0 1AI 30 20/ 26 24 DISTRIBUTION 8~ STORAGE 1. Auto Auction S 2. Contractor's Maintenance p• P P Yard 3. Freight Terminal P 4. Landfill S 5. Livestock Auction Pens or S Sheds 6. Mini-warehouse (Self- $ S P P storage) 7. Office S P P P* Showroom/W arehouse 8. Outside Storage P P 9. Recycling Collection S S S P Center 0. Warehouse! DistribuUon S P Center P=Permitted P`=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit SECTION 3: Savin~s/Repealin~ Clause: Wylie's Comprehensive Zoning Ordinance No. 2006-04, 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. Ordinance No. 2007-04 Amending Zoning Ordinance Mini-warehouse Regulations Page 2 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, corporation or entity violating this Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 2006-04, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). 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, on this 27th day of February, 2007. ~~~~~Ja ' dy, ayor ,.~`~y o, s ltiy ATTESTED TO AND ~ ~ V~ ~ ; % CORRECTLY REC ED BY:; . ~ ~ = _ ~ 5~~~, = : = : , ~ . . ,r ~ . • m a a,. ~ Carole Ehrlich ' ~ City Secretary ''~~~~!i ~E ~ „EXP~ Date of publication in The Wvlie News - March 6. 2007 Ordinance No. 2007-04 Amending Zoning Ordinance Mini-warehouse Regulations Page 3 ~ ~8~S,Media, Inc. ' ~~je ~farmer~bilte ~imeg • Murphy Monitor • The Princeton Herald • The Sachse News • THE WYL[E NEWS STATE OF TEXAS C COUNTY OF COLLIN ~ ~ G~ ~ 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. 2007-04 and Ordinanc No. 2007-05 was published in said newspaper on the following dates, to-wit: March 7, 2007 Chad Engbrock, Publisher Subscribed and sworn before me on this, the day of / ~ , 2007 to certify which witness my hand and seal of office. ,,o1~pYP~B~G MARY SWANK (.~l/1"(.f/(~ ~ Notary Pubilc, State of 7exas My Carrimiseinn Expfres S~pt~mber 2x, 201 o Not ry Public in and for The State of Texas My commission expires 2 Z~''~"a 1"4 ~~o ~ APR 0 2 2007 F~ Murphy/Sachse/Wylie Office • l 10 N. Ballard • P.O. Box 369 • Wylie, TX 75098 • 972-442-5515 • fax 972-442-4318 Farmersville/Princeton Office •]Ol S. Main • P.O. Box 512 • Fa~mersville, TX 75442 • 972-784-6397 • fa~c 972-782-7023 ' ORDINANCE~ , :,NQ ~907-IM : . AN ~ f~1tl5Il~FAI~ICE f3F THE CTTY. tl~ WYI..~E, TEXAS; ~1~EN~7I3~TG ARTiCI.~ 5 {U$E I2EGU- ~~rto~~) s~c~ox s.i (I-AND' USE CHARTS), S,UBSECTION I (WHOLESALE; DISTRI- BUTION & STORAGE) AND SECTION 5.2 (LIST~D USES), SUB- 5ECTION I _ (WHOLE- SALE, DIS'FRIBU'T'ION • & STORAGE) OF THE ZONING ORi,IINAI~+t£E ADOPTED AS ORDI- ATANCE N~. 200b-04 PASSED AND APPROVED ON THE 24TH DAY OF JANU- ARY 2006, TOGETHER WITH ALL AMEND- MEN'I'S THERETO; TO ES'TABLISH REGUT;A- TIONS GOUERNING THE LOCATION OF MINI-WAREHOUSE (SELF-STORA~E}; PRO- VIDING FdI~ t~ P~NAL- TY FO~t THE ` VIOLA- TION OF THIS ORDI- NANCE; PROVIDING FOR REPEAI,Il+iG, SAV- INGS ~ AND SEVEk- ABILITY ELAUSES; PRUWIDII~IG FOR AN EFFECTIVE D:dTE OF THIS .ORDINANGE; AND PROVIDING FOR TI~ PUBLICATION `OF TH~ ` C.~IPTION HERE- OF.