Ordinance 1993-50
ORDINANCE NO.
43- ,atJ
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING CHAPTER 12
OF THE WYLIE CITY CODE BY MAKING CERTAIN CHANGES TO THE EXISTING
ZONING ORDINANCE, AS CODIFIED IN SECTION 1 OF CHAPTER 12, BY
CHANGING THE ZONING DISTRICT CLASSIFICATIONS WHERE COMMERCIAL
AMUSEMENT USES, INDOOR AND OUTDOOR, ARE ALLOWED AS PERMITTED
USES AND SPECIFIC USES; AND FURTHER AMENDING THE ZONING
ORDINANCE BY AMENDING SECTION 24 PARKING REQUIRMENTS AND BY
CHANGING CERTAIN DEFINITIONS THEREIN CONTAINED; REPEALING ALL
CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City Council has the authority to amend the City's Zoning Ordinance, under
section 34.2 thereof; and,
WHEREAS, the Planning and Zoning Commission, after ftrst giving all requisite hearings
and having all requisite hearings, has made recommendations concerning enactment of the
hereinafter specified amendments to the Zoning Ordinance; and,
WHEREAS, the City Council has held a public hearing with respect to all of the proposed
changes, after first giving all requisite notice thereof; and,
WHEREAS, the City Council has determined that the proposed changes are in keeping with
the stated policy of the City's Zoning Regulations and are otherwise in the best interest of the
community;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
That the Zoning Ordinance of the City of Wylie, as set forth in Exhibit A to Section 1,
Chapter 12 of the Wylie City Code by, and the same hereby is, amended as follows:
A. That Section 19, "B-2" Business District Regulations be changed by:
1) Add to allowable uses specified in Section 19.1, the use of "Indoor
Commercial Amusement", and delete existing subsection "(26) Bowling Alleys"
as one of the allowable uses therein.
2) Deleting the existing specific use "3) Commercial Amusement, indoor or
outdoor", from Section 19.1 and inserting the following therefore:
"3) Outdoor Commercial Amusement"
B. That Section 20, "I" - Industrial District be changed by:
1) Add to the allowable uses specified in Section 20.1, the use of "Indoor
Commercial Amusement"
2) Deleting the existing specific use "(3) Commercial Amusements,
Indoor/Outdoor, from section 20.1, and inserting the following therefore:
"(3) Outdoor Commercial Amusement"
SECTION II
That the Zoning Ordinance of the City of Wylie, as set forth in Exhibit A to Section 1,
Chapter 12 of the Wylie City Code by, and the same hereby is, further amended as follows:
A. Section 24.3 "Parking Requirments Based on Use" is amended by deleting
"(1) Bowling alley: six (6) parking spaces for each alley or lane. It and inserting the
following in place therefore:
"(1) Bowling alley: six parking spaces for each alley or land, or that required for
commercial amusement, which ever is greater"
B. Section 24.3 "Parking Requirement Based on Use" is further amended by addition of
the words "indoor or outdoor" after the words "Commercial amusement" in subsection
(6) thereof, so that the said subsection (6) reads as follows:
"(6) Commercial amusement - indoor or outdoor: Thirty (30) spaces plus one (1)
space for each one hundred (100) square feet of floor area over two thousand
(2,000) square feet."
SECTION II
That the property herein described shall be used only in the manner and for the purposes
authorized by the Comprehensive Zoning Ordinance of the City of Wylie, as amended.
SECTION III
Any person violating the provisions of this ordinance, or any part hereof, shall be guilty
commits an unlawful act and shall be subject to the general penalty provisions of Section 37 of
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the Zoning Ordinance, as the same now exists or is hereafter amended.
SECTION IV
Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part or parts as
declared to be invalid, illegal, or unconstitutional.
SECTION V
This ordinance shall be in full force and effect from and after its adoption by the City
Council and publication of its caption as the law and the City Charter provide in such cases.
SECTION VI
That all other ordinances and code provisions in conflict herewith, specifically including
without limitation that portion of Ordinance 85-80 which established the zoning as hereinabove
referenced, are hereby repealed to the extent of any such conflict or inconsistency and all other
provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect.
SECTION VII
The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or
to accrue, nor as effecting any rights of the municipality under any section or provisions of any
ordinances at the time of passage of this ordinance.
DUL Y PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
_ day of October, 1993.
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Mayor
ATI'EST: ~'4~~
Mary Nichols
City Secretary
Approved:
Ste P.
City Atto
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