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11-15-09-Ordinance-Amending the Exterior Construction of Buildings-11/02/2009ORDINANCE #11-15-09 THAT CHAPTER 3, ARTICLE 3.1700 "METAL BUILDING" IN THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED AND RENAMED AS ARTICLE 3.1700 "EXTERIOR CONSTRUCTION OF BUILDINGS"; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Chapter 3, Article 3.1700' of the Code of Ordinances of the City of Sanger, Texas, is hereby amended to read as follows: ARTICLE 3.1700 EXTERIOR CONSTRUCTION OF BUILDINGS Article 3.1701 Types of Exterior Construction Restricted (a) This article establishes restrictions on the exterior construction elements of both new construction and additions to buildings in zoning districts B-1, B-2, B-3 and within all zoning districts where any portion of a proposed building is within 250 feet of the IH-35 Right -of -Way and all specific uses which specify that the requirements of this article be met. (b) The exterior facade of any new building meeting the criteria above shall be constructed of materials from the following list: stone, cast stone, stucco, brick, limestone, granite, or native stone with the exception of windows and doors. (c) A maximum of ten (10) percent of the building facade may be comprised of "split face" concrete block. (d) The City Council may approve an alternative to use a different material or design if they find that the material or design meets or exceeds the intent of this article after conducting a public hearing. Notice of the hearing must be published in a local newspaper at least fifteen (15) days prior, and notices mailed to all property owners within two hundred (200) feet at least ten (10) days prior, to the public hearing. (e) For buildings within two hundred and fifty (250) feet of the IH-35 Right -of -Way that are 50,000 square feet or larger, and are on tracts ten (10) acres or larger, and zoned 11 or 12, exterior walls may be constructed of smooth face concrete or block provided that one or more of the materials listed in (b) above is used as an accent on a minimum of 25% of any wall facing a street, thoroughfare or highway except for a dead end street only providing access to industrially zoned property. Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, � such unconstitutionality shall not affect any of the remaining. portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 4. Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of this Code. Section 5. This ordinance will take effect immediately from and after its passage, and the publication of the caption, as the law and Charter in such cases provide PASSED AND APPROVED this; day of �''' 6, 2009 by the City Council of the City of Sanger, Texas. ATTEST: Rosalie Cha z, cretaiy APPROVED: .Joe Higgs, Mayor',.