ORDINANCE NO. 2021-09 AN ORDINANCE AMENDING ORDINANCE NO. 2018-02, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF ANNETTA NORTH, TEXAS, BY CHANGING THE MINIMUM FLOOR AREAS IN ZONING DISTRICTS "AG", "R-6", "R-4", "R-2",AND "R-1" FROM 2,000 SQUARE FEET TO 3,250 SQUARE FEET FOR SINGLE STORY RESIDENCES AND 3,500 SQUARE FEET FOR TWO-STORY RESIDENCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Annetta North, Texas is a Type A general law municipality located in Parker County, and created in accordance with the provisions of Chapter 6 of the Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, the Town Council of the Town of Annetta North heretofore adopted Ordinance No. 2018-02, as amended, the Comprehensive Zoning Ordinance of the Town of Annetta North, which Ordinance regulates and restricts the location and use of buildings, structures and land for trade, industry, residence and other purposes, and provides for the establishment of zoning districts of such number, shape and area as may be best suited to carry out these regulations; and WHEREAS, in accordance with Section 7 of Ordinance No. 2018-02, as amended, the Town desires to increase: the minimum floor area in zoning districts "AG", "R-6", "R-4", R-2", and "R-1" from 2,000 square feet to 3,250 square feet for single story residences and 3,500 square feet for two-story residences; and WHEREAS, the Town Council of the Town of Annetta North, Texas, held a public hearing on December 14, 2021, with respect to the zoning change described herein; and WHEREAS, the Town has complied with all requirements of Chapter 211 of the Local Government Code, and Ordinance No. 2018-02, and all other laws dealing with notice, publication and procedural requirements for the approval of a zoning change on the property. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF ANNETTA NORTH, TEXAS, THAT: SECTION 1. The Floor area (minimum) for "AG" Agricultural District shown in the chart labeled "AG" Area, Yard and Height Regulations at Section 19 (c) of Ordinance No. 2018-02, as amended, is hereby amended and changed from 2,000 sq. ft. to 3,250 square feet for single story residences and 3,500 square feet for two-story residences. SECTION 2. The Floor area (minimum) for "R-6" Single-Family Residential District-6.0 Acre Lots shown in the chart labeled "R-6" Area, Yard and Height Regulations at Section 20 (c) of Ordinance No. 2018-02, as amended, is hereby amended and changed from 2,000 sq. ft. to 3,250 square feet for single story residences and 3,500 square feet for two-story residences. SECTION 3. The Floor area (minimum) for "R-4" Single-Family Residential District-4.0 Acre Lots shown in the chart labeled "R-4" Area, Yard and Height Regulations at Section 21 (c) of Ordinance No. 2018-02, as amended, is hereby amended and changed from 2,000 sq. ft. to 3,250 square feet for single story residences and 3,500 square feet for. two-story residences. SECTION 4. The Floor area (minimum) for "R-2" Single-Family Residential District-2.0 Acre Lots shown in the chart labeled "R-2" Area, Yard and Height Regulations at Section 22 (c) of Ordinance No. 2018-02, as amended, is hereby amended and changed from 2,000 sq. ft. to 3,250 square feet for single story residences and 3,500 square feet for two-story residences. SECTION 5. The Floor area (minimum) for "R-1" Single-Family Residential District-4.0 Acre Lots shown in the chart labeled "R-1" Area, Yard and Height Regulations at Section 23 (c) of Ordinance No. 2018-02, as amended, is hereby amended and changed from 2,000 sq. ft. to 3,250 square feet for single story residences and 3,500 square feet for two-story residences. SECTION 6. The changes as made herein, have been made in accordance with a Comprehensive Land Use Plan for the purpose of promoting the health, safety, morals and general welfare of the community. SECTION 7. This Ordinance shall be cumulative of all provisions of ordinances of the Town of Annetta North, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 8. Itis hereby declared to be the intention of the Town Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase 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 sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the Town Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. SECTION 9. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined not more than Two Thousand Dollars ($2,000.00). Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 10. All rights and remedies of the Town of Annetta North are expressly saved as to any and all violations of the provisions of Ordinance No. 2018-02, as amended, or any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 11. The Town Secretary of the Town of Annetta North is hereby directed to publish this ordinance or its caption and penalty in the official Town newspaper as required by Section 52.011 of the Texas Local Government Code. SECTION 12. This Ordinance shall be in full force and effect from and after the date of its passage and publication as required by law, and it is SO ordained. PASSED AND APPROVED ON THIS DAY OF - 2021. December fhmit AMwd MAYOR C ATTEST Du Imor TOWN SECRETARY