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Ordinance 2013-43ORDINANCE NO. 2013-43 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ZONING ORDINANCE 2001 -48, ARTICLE 4 (NONRESIDENTIAL STANDARDS), ARTICLE 5 (USE REGULATIONS), ARTICLE 6 (SPECIAL PURPOSE AND OVERLAY DISTRICTS) AND ARTICLE 7 (GENERAL DEVELOPMENT REGULATIONS), RELATED TO PARKING REQUIREMENTS; AND ARTICLE 3 (RESIDENTIAL DEVELOPMENT REGULATIONS) AND ARTICLE 6 (SPECIAL PURPOSE AND OVERLAY DISTRICT), RELATING TO FENCING, 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 it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ( "Wylie ") to amend Zoning Ordinance 2001 -48, Article 4 (Nonresidential Standards), Article 5 (Use Regulations), Article 6 (Special P urpose and Overlay Districts) and Article 7 (General Development Regulations), related to parking requirements; and Article 3 (Residential Development Regulations) and Article 6 (Special Purpose and Overlay District), related to fencing. 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, Articles 3, 4, 5, 6, and 7 The City of Wylie's Comprehensive Zoning Ordinance No. 2001 -48, Article 4 (Nonresidential Standards), Article 5 (Use Regulations), Article 6 (Special Purpose and Overlay Districts) and Article 7 (General Development Regulations), as related to parking requirements (Exhibit "A "); and Article 3 (Residential Development Regulations) and Article 6 (Special Purpose and Overlay District), as related to fencing (Exhibit "B ")is hereby amended. SECTION 3: Savings/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 Ordinance No. 2013 -43 - Amending Zoning Ordinance No. 2001 -48 Page 1 of 2 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 All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance.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: Severability: 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: Penalty Provision: Any person, firm, corporation 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 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 12th day of November, 2013. Y Eric Hogue, Ma ATTEST: 1� OF w�l Carole Ehrlich, Ci y Secretary DATE OF PUBLICATION: Ordinance No. 2013 -43 - Amending Zoning Ordinance No. 2001 .. c. CO LORA, t1.f S—I�A_I N4OFTEXT Page 2 of 2 u D C &S T kr tl9ac €,LG(t. ",,I lwrr,, • Nltzrj01v iMonifor - f h' , Hr , I1,1ai,i STATE OF TEXAS COUNTY OF COLLIN l \<,r, - I't9F WY1,1Li 1?It "S 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 2013 -43 was published in said newspaper on the following dates, to -wit: November 20, 2013 _akoo__�_ Chad Engbrock, Publisher Subscribed and sworn before me on this, the day of 74e_1 2013 to certify which witness my hand and seal of office. � ¢ Sonia A. an �, Commission Expires � 09 -02 -2016 V ANot Public i for The State of Texas My commission expires 4C November 20-21,2013 ORDINANCE NO ?013-43 AN ORDINANCE OF THE CITY OF WYLIE, TEX- AS, AMENDING ZONING ORDI- NANCE 2001 -48, ARTICLE 4 (NON - RESIDENTIAL STANDARDS), ARTICLE 5 (USE REGULATIONS), ARTICLE 6 (SPE- CIAL PURPOSE AND OVERLAY DISTRICTS) AND ARTICLE 7 (GEN- ERAL DEVELOP- MENT REGULA- TIONS), RELATED TO PARKING RE- QUIREMENTS; AND ARTICLE 3 (RESIDENTIAL DEVELOPMENT REGULATIONS) AND ARTICLE 6 (SPECIAL PUR- POSE AND OVER- LAY DISTRICT), RELATING TO FENCING, PRO- VIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDI- NANCE; PROVID- ING FOR REPEAL- ING, SAVINGS AND SEVERABIL- ITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS OR- DINANCE; AND PROVIDING FOR THE PUBLICA- TION OF THE CAP TION HEREOF 28= 1t -52 -33