Ordinance 2008-02 ORDINANCE NO. 2008-02
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
ZONING ORDINANCE NO. 2006-04, ARTICLE 5, SECTION 5.1(F)(3):
RETAIL, PERSONAL SERVICE & COMMERCIAL, ESTABLISHING
REGULATIONS SPECIFYING THE LOCATION OF MAJOR
AUTOMOBILE REPAIR USES; 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 No. 2006-04, Article 5, Section
5.1(f)(3): Retail, Personal Service & Commercial, establishing regulations specifying the
location of major automobile repair uses; and
WHEREAS, Chapter 211 of the Texas Local Government Code only authorizes Wylie to
establish zoning districts within the city limits; and
WHEREAS, Wylie has complied with all notices and public hearings as required by law;
and
WHEREAS, the City Council finds that in the best interest of the citizens of Wylie to
amend Zoning Ordinance No. 2006-04, Article Section 51(~(3): Retail, Pei•sonal Service &
Commercial, establishing regulations specifying the location of major automobile repair uses,
should be amended 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 Section
~.l(fl(3): Retail, Personal Service & Commercial. establishinc regulations specifving the
Ordinance No. 2008-02
Amending Zoning Ordinance 2006-04
Article S, Section 5.1(F)(3)
Location of Major Automobile Repair Uses
location of major automobile repair uses. Amendment to Zoning Ordinance No. 2006-04,
Article 5, Section 5.1(fj(3): Retail, Personal Service & Commercial, establishing regulations
specifying the location of major automobile repair uses, is hereby amended to read as shown
below:
Residential Districts pERM/TTED USES Non-Residenfiaf Districts
Low-Density Medium-Density High-Density Commercial Indusfrial Hist.
Residentia! Residential Residentia!
AG/30 SF-1A/ SF-20/ SF-10/ TH MF MH F. RETAIL, PERSONAL NS CR CC L I H I DTH
30 26 24
SERVICE S
COMMERCIAL
~ ?,n;inai Ciinic o~ hospita; : ~
~ huton7o~i~e Rentai c Fi" ~ F~' F`
3. Automobile Repair, S S
Major
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; i3od,, Stuaic p;
~:.;"a' V~i~Sr'. ~ ~ i'
. .'~`.it ~ Gf'_JC~. . '(Vi7;! p`C(i:.~ F3 ~ c=+
.C~Yt`faCTC{' S IV~~iNi!1Z~~P18;'G!~ ~ ~
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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.
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
Ordinance No. 2008-02
Amending Zoning Ordinance 2006-04
Article 5, Section 5.1(F)(3)
Location of Major Automobile Repair Uses
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 sepaxate 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 22nd day of January, 2008.
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Jq 11~~}~y, Mayor
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ATTESTED TO AND ~ C-~:' Q~p,~____~~
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CORRECTLY RECO ED BY: _ ~ ~R _
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Carole Ehrlich, ity Secretary ,;;~E~~ ~ E~P`~~~
ROVED AS TO FORM:
bernathy, Roeder, Boyd & Joplin, P.C.
Rebecca Brewer
City Attorneys
Ordinance No. 2008-02
Amending Zonina Ordinance 2006-04
Article 5, Section 5.1(F)(3)
Location of Major Automobile Repair Uses
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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. 2008-02
was published in said newspaper on the following dates, to-wit:
January 30, 2008.
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the ~ day of ~ , 2008
to certify which witness my hand and seal of office.
/,,-~~r....~ ,n) ( J ~ ~
Notary Public in and for
The State of Texas
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}Ppp P~B MARY SWANK t f _
~'r°~ ~ Notery Pu~lic, State of Texas
My Cntflmi~sion Expires My commission expires
'~•",+,,fpF:e,~ 5~ptam~~r~7,2bto
~ RECEIV~~3 '
FEB ~ ~
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Murphy/Sachse/Wylie Office • 110 N. Ballard • P.O. Box 369 • Wylie, TX 75098 • 972-442-5515 • fax 972-442-4318
Farmersville/Princeton Office • 101 S. Main • P.O. Box 512 • Farme~ville, TX 75442 • 972-784-6397 • fac 972-782-7023
January 30 - 31 , 2008 - C&~''EDIA PUBLICATIONS - Section C-
~ Page 3
t ~
ORDINANCE
NO. 2008-02
AN ORDINANCE OF
THE CITY OF WYLIE,
TEXAS, AMENDING
ZONTNG ORDINANCE
NO. 2006-04, AR'I'ICLE
5, SECTION 5.1(F)(3):
RETAII,, PE$30NAL
S'~RVICE & C`O~vIM~R-
CIAL', ESTA~LISITYNG
REG~TLATiONS SPECI-
FY~NG THE LOCAmION
OF;: 'i14AMTOIt AUTdMO-
$ILE REPAIR USES;
PROVIbIIr1G FOR A
PENALTY FOR THE
VIOLATION OF THIS
ORDINANCE; PROVID-
TNG FOR REPEALING,
SAVINGS AND SEVER-
ABILITY CLAUSES;
PROVIDING FOR AN
~FFECTIVE DATE OF
THIS ORDINANCE;
AND PROVIDING FOR
THE PUBLICATION OF
THE CAPTION HERE-
/'F.
37-1t-33~'-291i