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Ordinance 2010-19 � ORDINANCE NO. 2010-19 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ZONING ORDINANCE 2006-04, ARTICLE 5, SECTION S.1.D (OFFICE), S.1.E (RECREATIONAL, ENTERTAINMENT, AND AMUSEMENT), S.1.F (RETAIL, PERSONAL SERVICE & COMMERCIAL) OF THE WYLIE COMPREHENSIVE ZONING ORDINANCE; ALLOWING FOR AND PROVIDING CERTAIN SAFEGUARDS RELATING TO FINANCIAL INSTITUTIONS, COMMERCIAL AMUSEMENT INDOOR, AND CAR WASH FACILITIES; 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 S.1.D � (Office), S.1.E (Recreational, Entertainment, and Amusement), S.1.F (Retail, Personal Service & Commercial). NOW, THEREFORE BE IT, ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: 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 The City of Wylie's Comprehensive Zoning Ordinance No. 2006-04, Article 5, Section S.1.D (Office), S.1.E (Recreational, Entertainment, and Amusement), S.I.F (Retail, Personal Service & Commercial) is hereby amended to read as follows: �� Ordinance No. 2010-19 Amending Zoning Ordinance 2006-04 1 SECTION 5.1 LAND USE CHARTS Residential Districts Permitted Uses Non-Residential Districts Low-Density Medium- High-Density Commercial Industria/ Mixed Uses Residential Density Residential Residential AG/30 SF- SF-20! SF-10l TH MF MH D. Office NS CR CC BG L i H I DTH SBO 1 A/ 30 26 24 1. Financial S S P P Institution (with drive-thru) 2. Financial P P P P P P P Institution (without drive- thru 3. Financial S S S S S S S Institution, Alternative 4. GeneralOffice P P P P P P P--� 5. Medical Clinic P* P P P* P" P P D. Office Uses 1. Financial Institution, with drive-through a. Definition: Bank headquarters or branch of a financial institution with drive- through window means a facility granted a charter under the Texas Department of Banking as a state-chartered bank, savings and loan, or credit union for the custody, loan or exchange of money, and the extension of credit that provides drive-in window service for customers in motor vehicles. This term excludes a check cashing or payday loan establishment, loan or mortgage broker, stockbroker or other financial institution without a state bank charter. An automatic teller machine is not considered a bank. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 300 square feet of floor area. d. Required Loading: Ordinance No. 2010-19 Amending Zoning Ordinance 2006-04 2 ��,,,, Square Required Feet of Ft4or Area Loadin S aces 0 —10,000 None 10,001 — � 50,000 Each 1 additional additional 100,000 or fraction thereof e. Additional Provisions: None 2. Financial Institution, without drive-through a. Definition: Bank headquarters or branch of a financial institution without drive- through window means a facility granted a charter under the Texas Department of Banking as a state-chartered bank, savings and loan, or credit union for the custody, loan or exchange of money, and the extension of credit that does not provide drive- in window service for customers in motor vehicles. This term excludes a check cashing or payday loan establishment, or other financial institution without a state bank charter. An automatic teller machine is not considered a bank. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 300 square feet of floor area. ,� d. Required Loading: Square Required Feet of Floor Area Loadin S aces 0 —10,000 None ] 0,001 — 1 50,000 Each 1 additional additional 100,000 or fraction thereof e. Additional Provisions: None 3. Financial Institution, Alternative a. Definition: A non-depository, check cashing business, payday advance or loan establishment, money transfer business holding a Money Transmission or Currency Exchange license with the Texas Department of Banking, car title loan business or a stand alone automatic teller machine on a single lot as a primary use. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 300 square feet of floor area. d. Required Loading: � Ordinance No. 2010-19 Amending Zoning Ordinance 2006-04 3 Square Required Feet of Floor Area Loadin S aces `�"' 0 — 10,000 None 10,001 — 1 50,000 Each 1 additional additional 100,000 or fraction thereof e. Additional Provisions: In addition to requiring a Specific Use Permit, an Alternative Financial Institution as defined in Section S.l.D.3, shall comply with the following regulations: (1) Hours of operation shall be established by City Council; (2) No outside queuing; (3) Must have an indoor waiting area large enough to accommodate all customers; (4) A lot containing an alternative financial institution shall be located at least 1,000 feet from any lot containing another alternative financial institution, as measured in a straight line between the nearest point from one property line to the other property line. (5) No lot containing an alternative financial institution shall be located within 500 feet of the rights-of-way for any 4 lane divided or greater thoroughfare as indicated on the most current Thoroughfare Plan. (6) A lot containing an alternative financial institution shall be located at least __,, 300 feet from any lot zoned or used for residential purposes, as measured in a straight line between the nearest points of one property line to the other property line. E. Recreational, Entertainment & Amusement Uses 1. Commercial Amusement or Recreation, Inside a. Low-Density (1). Definition: Low-Density Commercial Amusement, Inside means a facility wholly enclosed in a building that offers entertainment or games of skill to the general public for a fee, where the space used by the equipment for the games or entertainment preclude occupancy of a majority of the floor space. These types of uses include, but are not limited to bowling alleys, miniature golf, and practice cages. (2). Permitted Districts: See Land Use Charts in Section 5.1. (3). Required Parking: Four spaces for every bowling alley, golf hole, batting cage or other unit of activity as prescribed by the Planning Director, plus one space per 500 square feet of floor area inclusive of the gaming areas. (4). Required Loading: None (5). Additional Provisions: None °�°° Ordinance No. 2010-19 Amending Zoning Ordinance 2006-04 4 ,...�. b. High (1). Definition: High-Density Commercial Amusement, Inside means a facility wholly enclosed in a building that offers entertainment or games of skill to the general public for a fee, where a majority of the floor area is usable far occupancy. This use typically include but are not limited to billiard parlors, arcades, and other coin-operated machines. (2). Permitted Districts: See Land Use Charts in Section 5.1. (3). Required Parking: One space for every 100 square feet of floor area and one space for each employee. (4). Required Loading: None (5). Additional Provisions: None � � Ordinance No. 2010-19 Amending Zoning Ordinance 2006-04 5 Residential Districts Permitted Uses Non-Residential Districts Low- Medium- High-Density Commercial /ndustria! Mixed Uses Density Density Residential Residential Residential AGI SF- SF- SF- TH MF MH F. Retail, Personai NS CR CC BG L 1 H I DTH SBO 30 1 A/ 20l 10/ 30 26 24 Service 8 Commercial S 1. Animal Clinic or S P P Hospital 2. Automobile Rental S p* p p* p 3. Automobile Repair, S S P Major 4. Automobile Repair, g p p P S Minor 5. Body Art Studio p* p* 6. Car Wash S S S 7. Club or Lodge (Non- P P P P P profit) 8. Contractor's S P Maintenance Yard 9. Dry Cleaning or P P P P P P* Laundry, Drop-Off or Self Service 10. Cleaners S P" P* (Commercial) 11. Equipment Rental S S S P P 12. Food Processing S p* p p 13. General Merchandise p p p p* p p p or Food Store 5,000 s.f. or less F. Retail, Personal Service & Commercial Uses 6. Car Wash a. Definition: Car wash means a facility for the washing or cleaning of vehicles. A car wash may be: `" Ordinance No. 2010-19 Amending Zoning Ordinance 2006-04 6 � (1) a single unit type which has a single bay or a group of single bays with each bay to accommodate one vehicle only where a person uses a high pressure hose to wash the vehicle by hand; or (2) an automated single unit type which has a single bay to accommodate one vehicle at a time; ar � (3) a tunnel unit type which allows washing of multiple vehicles in a tandem arrangement while moving through the structure. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parlcing: Type of Car Wash Total Number of Parking S aces Re uired Single unit, not automated � Automated single unit t Tunnel unit 1 er em lo ee d. Required Loading: None e. Additional Provisions: (1) The following off-street stacking spaces are required: Type of Car Wash Total Number of Stacking � S aces Re uired Single unit, not 2 automated Automated single unit 2 Tunnel unit 5 (2) Bay openings shall not face public streets or adjoining residential properties. (3) All washing facilities shall occur under a roofed area with at least two walls. (4) Vacuuming and/or detailing area may be outside the building but shall not be within 50 feet of the front property line and shall not be closer than 100 feet from any residential district. (5) Vacuuming and/or detailing area may be outside the building, but shall not be within 200 feet of the rights-of-way for any 4 lane divided or greater thoroughfare as indicated on the most current Thoroughfare Plan. (6) The building shall not be less than 150 feet from any residential district. (7) ��e�i9ari� s� ing fence or wall not less than six feet in height shall be ;; ��,c�h , cted al� y site property line which abuts a residential district. 'Du�i. site lan�e�r, the Commission may allow a livmg screen to be �'�" ct�r� i 'ii. ; of the solid screening. �.., � . � n , �� SECTION 3: S�in s e' �, ylie's Comprehensive Zoning Ordinance No. �; 2006-04, as amended, s�i 't �t effect, save and except as amended by this or � � ��� any other Ordinance. Al� i�`�i8"�� � d�ance in conflict with this Ordinance are hereby �,, . .�.�� �,,�'�; Ordinance No. 2010-19 "�,,,� � � �' �i�� � � '-� Amending Zoning Ordinance 2006-b'�~��" *'r ���"` 7 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 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 Five Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance r. 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 Co�cil of the City of Wylie, Texas, this 28th day of September, 2010. � i� Eric Hogue, May r ATTEST: � QF � `1'.� �,�, � Caro e Ehrlich, i ecretary Ordinance No. 2010-19 ��� Amending Zoning Ordinance 2006-04 ' �Y�' 8 � M !�'�