Ordinance 2012-02 M� ORDINANCE NO. 2012-02
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
ZONING ORDINANCE 2006-04, ARTICLE 5, SECTIONS S.1.F AND 5.2.F
(RETAIL, PERSONAL SERVICES & COMMERCIAL) OF THE WYLIE
COMPREHENSIVE ZONING ORDINANCE; ALLOWING FOR AND
PROVIDING CERTAIN SAFEGUARDS RELATING TO SPECIFIC RETAIL
USES; 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,
Tea:as ("Wylie") to amend Zoning Ordinance No. 2006-04, Article 5, Sections S.I.F and 5.2.F
(Re;tail, Personal Services & 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, Sections S.1.F and 5.2.F (Retail,
Personal Services & Commercial) is hereby amended to read as follows:
Ordinance No.2012-02
ZC:?011-09 Pawn Shops
SECTION 5.1 LAND USE CHARTS
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SECTION 5.2 LISTED USES
F. ]ltetail,Personal Service& Commercial Uses
18. Pawn Shop
a. Definition: Pawn Shop means a facility licensed with the Consumer Credit
Commissioner to loan money on the security of personal property and the sale of
unclaimed property by a pawnbroker who is authorized to legally transact business in
accordance with Chapter 371 of the Finance Code and as amended.
b. Permitted Districts: See Land Use Charts in Section 5.1.
c. Required Parking: One space for every 200 syuare feet of gross floor area.
d. Required Loading:
Square Feet of Floor Required Loading Spaces
Area
0—10,000 None
10,001 —50,000 1
Each additional 10,000 or 1
fraction thereof
e. Additional Provisions:Must be licensed in accordance with the Texas Finance Code
Chapter 371, and as amended. �
:ZS. Antique Shop (Inside Sales)
Ordinance No.2012-02
ZC2011-09 Pawn Shops
a. Definition: A retail establishment engaged in the selling of works of art, furniture, or
�� other artifacts of an earlier period, with all sales and storage occurring inside a
building. An Antique Shop is differentiated from a "Used Merchandise Store, Resale
or Consignment Shop", in that it does not market common, contemporary used
household goods, clothing or furnishes, rather it deals primarily in vintage and
nostalgia items (generally over 50 years old) and in antiques (generally over 100 years
old) from past eras.
b. Permitted Districts: See Land Use Charts in Section 5.1.
c. Required Parking: One space for every 200 square feet of gross floor area.
d. Required Loading:
Square Feet of Floor Required Loading Spaces
Area
0—10,000 None
10,001—50,000 1
Each additional 10,000 or 1
fraction thereof
e. Additional Provisions:
(1) SUP required in NS District.
(2) Outside displays are permitted only in areas designated on the site plan filed with
the City.
(3) Outdoor display areas may not exceed five percent of the primary building floor
area. (Building area is defined as the entirely enclosed portion of the primary
building or lease space.)
� (4) Outdoor display may occupy up to twenty percent of a covered sidewalk that is
adjacent to the subject building. Such display shall not impede pedestrian use of
the sidewalk and at least a five foot passable distance shall be maintained.
(5) All sales and storage occurs inside.
26. Secondhand Goods
a. Definition: Secondhand Goods means a facility and/or Dealer who purchases
regulated property for the purpose of resale. Regulated property means any new or
used: Electronic equipment; business machines; photographic equipment; power tools;
musical instruments; firearms; jewelry; crafted precious metals; compact discs and
cassette tapes; or Recreational sporting goods and equipment.
b. Permitted Districts: See Land Use Charts in Section 5.1.
c. Required Parking: One space for every 200 square feet of gross floor area.
d. Required Loading:
Square Feet of Floor Required Loading Spaces
Area
0—10,000 None
10,001—50,000 1
Each additional 10,000 or 1
fraction thereof
e. Additional Provisions:
--�� All permitted districts:
(1) SUP required in NS District.
Ordinance No.2012-02
ZC:?Ol 1-09 Pawn Shops
(2) A Secondhand facility and/or Dealer must adhere to the standards of Chapter 94 of
the City Code of Ordinances and as amended. �
(3) Outside displays are permitted only in areas designated on the site plan filed with
the City.
(4) Outside placement of an item overnight is prohibited.
(5) Outdoor display areas may not exceed five percent of the primary building floor
area. (Building area is defined as the entirely enclosed portion of the primary
building or lease space.)
(6) Outdoor display may occupy up to twenty percent of a covered sidewalk that is
adjacent to the subject building. Such display shall not impede pedestrian use of
the sidewalk and at least a five foot passable distance shall be maintained.
(7) No outdoor display may be located in any portion of a parking lot.
(8) Outside sales of inerchandise are prohibited.
2:7. Used Merchandise/Resale Shop/Consignment or Thrift Store:
a. Definition: An establishment that generally markets common, contemporary used
household goods, clothing or furnishings on a straight "for sale" or consignment basis.
This term includes a used merchandise store that is operated by a non-profit, charitable
or religious organization.
b. Permitted Districts: See Land Use Charts in Section 5.1.
c. Required Parking: One space for every 200 square feet of gross floor area.
d. Required Loading: �
Square Feet of Floor Required Loading Spaces
Area
0—10,000 None
10,001—50,000 1
Each additional 10,000 or 1
fraction thereof
e. Additional Provisions:
(1) SUP required in NS District
(2) Outside displays are permitted only in areas designated on the site plan filed with
the City.
(3) Outdoor display areas may not exceed five percent of the primary building floor
area. (Building area is defined as the entirely enclosed portion of the primary
building or lease space.)
(4) Outdoor display may occupy up to twenty percent of a covered sidewalk that is
adjacent to the subject building. Such display shall not impede pedestrian use of
the sidewalk and at least a five foot passable distance shall be maintained.
SECTION 3: SavingsfRepealing Clause: Wylie's Comprehensive Zoning Ordinance No.
2006-04, as amended, shall remain in full force and effect, save and except as amended by this or
any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby �
Ordinance No.2012-02
ZC2011-09 Pawn Shops
repealed, but such repeal shall not abate any pending prosecution for violation of the repealed
�µ'� or�dinance, 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
re�nain in full force and effect.
SECTION 4: Severabilitv: Should any section, subsection, sentence, clause or phrase of
th:is 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: Penaltv 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
O�rdinance shall constitute a separate offense. The penal provisions imposed under this Ordinance
..,,�,.., 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
adloption and publication as required by law the City Charter and by law.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,
T�xas,this l Oth day of January, 2012.
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Eric H
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A'TTEST: `����n-�'" l�+
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Caro rlich, City�ecretary y- _� � � �- ��` °°
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D.ATE OFPUBLICATION: Wednesday, January 18th, ' �t i s.
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Ordinance No.2012-02
ZC2011-09 Pawn Shops
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' �Ghe;�'arrner�biCCe aCime�•Murphy Monitor•The Princeton Herald • The Sachse News•THE WYLIE NEWS ��
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STA�TE OF TEXAS
CO�UNTY OF COLLIN
Befor�e me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and
having general circulation in Collin County, Texas, who being by me duly sworn, deposed and
says that the foregoing attached:
City of Wylie
Ordinances
was published in said newspaper on the following dates, to-wit:
January 18, 2012
Chad Engbrock, Publisher
Subs��ribed and sworn before me on this, the � day of � , 2012
to cei•tify which witness my hand and seal of office.
.o----�"__--=�"'".�.�-�
"—�—�-- SHA D. HILL � "
,,,���,,,,, KIE Texas
aYPUe'��' Pub Stateof
.Ol?. !C✓ NOtaCy �1C, .
-�i " My Commission Expires
;s•.. '�: March 21,20�� Notary Public in and for
'f4� OF�����
���iii�����` .
The State of Texas
My commission expires J� �����-�
Murphy/Sachse/Wylie Office•110 N.Ballard•P.O.Box 369•Wylie,TX 75098•972-442-5515•fax 972-442-4318
Fazmersville/Princeton Office•101 S.Main•P.O.Box 512•Fam�eisville,TX 75442•972-784-6397•fa�c 972-782-7023
�
Wednesday, January 18,2012 ,3g
� ORDINANC�
N0.2012r03
ORDINANCE 1 �--_
NO.2012-0� ORDINANCE AN ORDINANCE OF
NO.2012-02 THE CITY OF WYLIE,
ANORbINANC�OFTf� TEXAS, AIVIENDING
CTI'YOFWYL�,TEXAS, �ORDINANCEOF'THE TI� COMPR�.'HIIVSIVE
AIV�NDING ZONING �TYQFWYLIB,TEXAS, ZONING ORDINANCE
ORDINANCE 2007-04, AMENI�IN� 7ANING OFTHE CiTY OF WYLIE,
AIrITCLE 5, SF,�ITON ORDIAiANCE 200(r(Y�, AS HII2ETOFQRE
�lm ���� ARTICL.E 5, SECTIONS AMEI�TDID, SO t'�S TO
D I S T R I B U T I O N S.l.F AND 5.2.F(RETAIL, Cf3ANGE THE ZONIlVG
& STORAGE P��NAL SII2VI�ES ON THE H02IINAFI'ER
OF Tf� WYLdE & CO�CIAL) DFSCRIBED PROPERTY,
C O M P R E H E N S I V E OF Tf� WYLdE ZOI�tING CASE N[JMBER
ZONING ORDINANCE; C O M PI2 E H E N S I V E 2011-10, AMEIVVDING
ALLOWING FOR ZONING ORDINANCE; Ti� 7ANING FROM
AND PROVIDING `�'��G FOR C O M M E R C I A L
CERTAIN SAFECrUARDS ``�Nb PROVIDING CORRIDOR (CC�
REL.ATING TO MINI- CERTAIN SAFF,GUARDS & BUSIIV�.3S
WAREHOUSE (SELF- RELATIIVG TO GOV�RN1v1ENT (BG)
S'I!ORt�G�;PROVIDING SPECIN�C RETAIL DISTRICT TO PLANNED
-- , USES; PROVIDING DEVELOPMENT-
FOR A PENALTY FOR FOR A PINALTY FOR C•O M M B R,C I`A L
Tf� VIOLATION OF 1'HE VIOLATION OF. CORRIDOR " (�'D-eC�
THIS ORDINANCE; THI9 ORDINANCE; DI5Ti2ICT. PRUVIDING
PROVIDING FOR PROVIDING FOR FOR A PE�iAI..TX, FOR
REPEt�LING, BAVINGS REPEALING, SAVINCrS THE VIOI.�TIbN O�
AND SEVERABIIITY AND SEVERABIIITY THiS ORDIIVANCE;
CLAUSFS; PROVIDING CLAUSES; PROVIDING PROVIDING FOR
FOR AN EFFECIIVE FOR AN EFFECTNE THE REPEAL OF ALL
DATE OF THI$ DATE OF THIS ORDINANCES ' W
ORAINANCE; AND' ORDINANCE; AND �ONFLICT>PROVIDING
PROVIDING FOR THE , PROVIDING FUR 1'HE A SEVII2ABILITY
PUBLICATION OF TI-� PUBLICATION OF Tf� CLAUSE; AND
CAPTION HEREOF. CAPTION HEREOF. PROVIDING F^OR AN
.__ . EFFECTIVE , DATE.
36-1t-126-339