Ordinance 2007-38 ORDINANCE NO. 2007-38
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
ORDINANCE NO. 2006-04, ARTICLE 5(USE REGULATIONS) SECTION 5.1
(LAND USE CHARTS), SUBSECTION A(AGRICULTURAL & ANIMAL-
RELATED), PERMITTED USE 2. (ANIMAL BOARDING/KENNEL
WITHOUT OUTSIDE PENS) OF THE ZONING ORDINANCE ADOPTED AS
ORDINANCE NO. 2006-04; TO ALLOW ANIMAL BOARDING/KENNEL
WITHOUT OUTSIDE PENS BY RIGHT IN THE LIGHT INDUSTRIAL
ZONING DISTRICT; 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 Animal Boarding/Kennel
without Outside Pens; 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 THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION l: 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. 2006-04. Article 5, Section 5.1
Subsection A(Agricultural & Animal-Related), Permitted Use 2. (Animal Boarding/Kennel without
Outside Pens). Article Section 5.1 Subsection A(Agricultural & Animal-Related), Permitted Use
2. (Animal Boarding/Kennel without Outside Pens) of Wylie's Zoning Ordinance No. 2006-04 is
hereby amended to regulate the location of Animal Boarding/Kennel without Outside Pens, as
follows:
Ordinance No. 2007-38
Animal Boarding/Kennel without Outside Pens Regulations
Page 1
FIGURE 5-3 LAND USE TABLES
Residential Districfs Permitted Uses Non-Residential Districfs
Low-Density Medium-Density High-Density Commercial Industrial Hist.
Residential Residential Residential
AGf30 SF-1A/ SF-20/ SF-10! TH MF MH A. Agricultural & NS CR CC L I H I DTH
30 26 24
Animal-Related
$ 1. Animal Boarding g p
Kennel with Outside
Pens
$ 2. Animal Boarding/ S S P P P
Kennel without
Outside Pens
P 3. Animal Production
p* 4. Commercial p* p* $ p
Greenhouse or
Nursery
p p 5. Crop Production
$ 6. Stable (Commercial) p
P=Permitted P*=Permitted with additional requirements when located in this district.
S=Special Use Permit T=Temporary Use Permit
SECTION 3: Savin~s/Repealing 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. 2007-38
Animal Boarding/Kennel without Outside Pens Regulations
Page 2
SECTION 4: Severabilitv: Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional ar 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. 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 13th day of November 2007.
~
John ondy, ayor
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ATTESTED TO AND ~.~~`~.~y Q F`~1~~``*.~,
CORRECTLY RECORDED BY: ' V\~ e•.-:. %
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Date of publication in The Wvlie News - November 21. 2007
Ordinance No. 2007-38
Animal Boarding/Kennel without Outside Pens Regulations
Page 3
~ C&S Media, Ir~c.
~Ghe ~armer~bilCe ~irne~ • Murphy Monitor • The Princeton Herald • The Sachse News • THE WYLIE NEWS
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STATE OF TEXAS ~
COUNTY OF COLLIN ~ ~
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. 2007-38
was published in said newspaper on the following dates, to-wit:
November 28, 2007.
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the D~ day of t/-~ l~l~ ~'~P f~, 2007
to certify which witness my hand and seal of office.
1
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C~/ry~
Not ry Public in and for
~05'~-`.b,; Notary Pub~Y ~ The State of Texas
~~~rFOitE~,`~ MY Commission ~Xes ~ v / ~
%"„~~~~,0• Sepfember Expirgs q a a_
2, 2010
My commission expires
Murphy/Sachse/Wylie Office • I 10 N. Ballard • P.O. Box 369 • Wylie, TX 75098 • 972-442-SS l5 • fax 972-442-4318
Fannersville/Princeton Office • l01 S. Main • P.O. Box 512 • Fartne~sville, TX 75442 • 972-784-6397 • fa~c 972-782-7023
VnLtl~tii~~.l. i~v.
2007-38
AN ORDINANCE OF
THE CITY OF WYLIE,
TEXAS, AMENDING
ORDINANCE NO. 2006-
04, ARTICLE 5 (USE
REGULATIONS) SEC-
TION S.l (LAND USE
CHARTSj, SUBSECTION
A (AGRICULTURAL &
ANIMAL-RELATED),
PERMITTED USE 2.
(ANIMAL BOARDING
lKENNEL WITHOUT
OUTSIDE PENS) OF THE
ZONING ORDINANCE
ADOPTED AS ORDI-
NANCE NO. 2006-04; TO
ALLOW ANIMAL
BOARDING/KENNEL
WITHOUT OUTSIDE
PENS BY RIGHT IN THE
LIGHT INDUSTRIAL
ZONING DISTRICT;
PROVIDING FOR A
PENALTY FOR THE
VIOLATION OF THIS
ORDINANCE; PROVID-
ING FOR REPEALING,
SAVINGS AND SEVER-
ABILITY CLAUSES;
PROVIDING FOR AN
EFFECTIVE DATE OF
THIS ORDINANCE;
AND PROVIDING FOR
THE PUBLICATION OF
THE CAPTION HEREOF.
John Mondy, Mayor
ATTEST
Carole Ehrlich,
City Secretary
, 28-1t-339-461i