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
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(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:
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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.
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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:
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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
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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
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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
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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.
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�� SECTION 3: S�in s e' �, ylie's Comprehensive Zoning Ordinance No.
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2006-04, as amended, s�i 't �t effect, save and except as amended by this or
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any other Ordinance. Al� i�`�i8"�� � d�ance in conflict with this Ordinance are hereby
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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'.� �,�,
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Caro e Ehrlich, i ecretary
Ordinance No. 2010-19 ���
Amending Zoning Ordinance 2006-04 ' �Y�' 8
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