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Ord 17-2013 4/2/2013 ORDINANCE NO. 17-2013 Ordinance Amending The Code Of Ordinances, Appendix B Zoning, Section 6845 Certificate Of Occupancy Or Final Inspection, To Postpone The Installation Of Required Landscaping While Under Stage 3 Or Greater Drought Restrictions WHEREAS, the Planning and Zoning Commission has reviewed this proposal and recommends approval of these amendments to the Zoning Ordinance; and WHEREAS, the City Council concurs with the Planning and Zoning Commission's recommendation to amend the Zoning Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. Section 6845 of the Landscaping Ordinance Amended Section 6845 of Appendix B of the Code of Ordinances of the City of Wichita Falls is hereby amended to add Subsection D thereto, which shall read as follows: D. If the City is in Stage 3 drought emergency or greater pursuant to Section 106-186 of the Code, then the Developer may postpone the installation of landscaping until the City is no longer subject to Stage 3 or greater drought restrictions. Upon such postponement, the landscaping will be considered installed for the purpose of receiving a Certificate of Occupancy. To postpone the landscaping obligation, the Developer must submit a request in a form promulgated by the City specifying the postponed landscaping and committing to install the postponed landscaping within 90 days after the end of the Stage 3 drought restrictions. After receiving postponement of the aforementioned obligation, then it shall be unlawful for an owner to fail to install the postponed landscaping within 90 days after being notified by the Building Official that the City is no longer subject to Stage 3 or greater drought restrictions. 2. Penalty This ordinance regulates zoning, and shall be punishable by a penalty of up to $2,000 per violation and as provided by Section 1-14 of the Wichita Falls Code of Ordinances. 3. Codification The City Council intends the provisions of this ordinance to become a part of the Code of Ordinances of the City of Wichita Falls, and sections of this ordinance may be renumbered or relettered to accomplish such intention. Statutory and ordinance references herein may be modified as necessary. PASSED AND APPROVED this the 2nd day of April, 2013. MAYOR ATTEST: City Clerk f Affidavit of Publication THE STATE OF TEXAS #289735 ORDINANCE NO.17-2013 COUNTY OF WICHITA Ordinance Amending The Code Of Ordi- nances, Appendix B Zoning, Section 6845 Certificate Of Occu- pancy Or Final In- spection, To Postpone On this 8tn day of April,2013,AM... The Installation Of Required Landscap personally appeared before me, the undersigned authority ing While . Under Stage 3 Or Greater Deena Orr, Sales Assistant for the Times Publishing Company Drought Restrictions of Wichita Falls,publishers of the Wichita Falls Times/Record News, a newspaper published at Wichita Falls in Wichita County, Texas, and upon being duly sworn by me, on oath states that the attached advertisement is a true and correct copy of advertising published in One (1) issue hereof on the following date: i April 7, 2013 1- Sales Assistant for Times Publishing Company of Wichita Falls Subscribed and sworn 7bre me this the day and year first above written: r v - - - - - - - - - - - - a PAM BURKS ,t NOTARY PUBUC STATE OF TEXAS IMF My Cw m.Ev.03-22-2M 6 IN