Ordinance 2023-23 ORDINANCE NO. 2023-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
AMENDING ORDINANCE NO. 2006-04 OF THE CITY OF WYLIE (THE
ZONING ORDINANCE,AS AMENDED),ARTICLE 5,USE REGULATIONS AND
ARTICLE 7, GENERAL DEVELOPMENT REGULATIONS; AMENDING
CERTAIN REGULATIONS RELATING TO CREATE AND DEFINE SMOKE
SHOP,SMOKING ESTABLISHMENT,BREWERY,DISTILLERY,AND WINERY
USES, UNIFY ALCOHOL RELATED REQUIREMENTS IN THE ZONING
ORDINANCE, AND PROVIDE AN APPEAL PROCESS FROM DISTANCE
REQUIREMENTS; PROVIDING A PENALTY CLAUSE,SAVINGS/REPEALING
CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; 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 Article 5, Use Regulations and Article 7, General Development Regulations, of
Ordinance No.2006-04,the Zoning Ordinance,as amended,to amend regulations relating to Smoke Shops,
Smoking Establishments, Breweries, Distilleries, Wineries, and Alcohol related requirements; and
WHEREAS,the City Council finds that this Ordinance contains textual amendments to the Zoning
Ordinance that do not change zoning district boundaries,and therefore,written notice to individual property
owners is not legally required; and
WHEREAS, the City Council finds that all legal notices required for amending the Zoning
Ordinance have been given in the manner and form set forth by law,public hearings have been held on the
proposed amendments and all other requirements of notice have been fulfilled; and
WHEREAS,the City Council finds that it is in the best interests of Wylie and its citizens to amend
the Zoning Ordinance as set forth below,and that such amendments are in furtherance of the health, safety,
morals and general welfare of the Wylie community and the safe, orderly and healthful development of
Wylie.
NOW, THEREFORE BE IT, ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS:
SECTION 1: The findings set forth above are incorporated into the body of this Ordinance as if
fully set forth herein.
SECTION 2: Article 5, Use Regulations and Article 7, General Development Regulations of
Wylie's Zoning Ordinance,Ordinance No. 2006-04,are hereby amended as set forth in Exhibit A,attached
hereto and incorporated herein by reference for all purposes.
SECTION 3: The Zoning Ordinance, 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 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.
Ordinance No. 2023-23 Amending Ordinance No. 2006-04 of the City of Wylie(The Zoning Ordinance,as
Amended),Articles 5,Use Regulations and Article 7,General Development Regulations Pagel of 2
SECTION 4: 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. The City Council 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: Any person, firm, corporation or entity violating this Ordinance or any provision of
Wylie's Zoning Ordinance, as amended, shall be deemed guilty of a misdemeanor, and on conviction
thereof, shall be fined in an amount not exceeding Two Thousand Dollars($2,000.00). A violation of any
provision of this Ordinance shall constitute a separate violation for each calendar day in which it occurs.
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: 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 Council of the City of Wylie,Texas, this 131h
day of June,2023.
C%s�
atthew Porter,Mayor
1� a
ATTEST: < '
t
Stephanie Storm, City Secretary ` Y
DATE OF PUBLICATION.'June 21,2023, in the Wylie News
Ordinance No.2023-23 Amending Ordinance No.2006-04 of the City of Wylie(The Zoning Ordinance,as
Amended),Articles 5,Use Regulations and Article 7,General Development Regulations Page 2 of 2
.!T.,.. A
WLIE ZONING ORDINANCE
EXHIBIT A
Permitted Uses Residential Districts Non-Residential Districts Parking
Low High Density Commercial Industrial Mixed-Use
Density
F.Retail, AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H 1 DT SB
Personal Service 30 ED 20/ 10/ H O
&Commercial 26 24
Cont.
29. Smoke Shop S S 1 per 300
sq ft
30. Smoking 1 per 150
Establishment S S P S S
sq ft
31.Brewery, 1 per 500
Winery, P* P* P* P* P* sq ft
Distillery
P=Permitted P*=Permitted with additional requirements when located in this district.
S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required
29. Smoke Shop
a. Definition: A retail establishment engaged in the sale of smoking and vaping products
and/or paraphernalia for the consumption of smoking related products. These products
include, but are not limited to; Cigarettes, cigars, e-cigarettes, pipes, hookahs, bongs,
tobacco, vape cartridges, and chewing tobacco. A business shall be classified as being
within this use if more than 25% of the floor space, including displays and aisles, is based
on the retail sale of the aforementioned products.
b. Additional Provisions:
(1) No smoke shop shall be established within 1,500 feet of another smoke shop.
(2) Shall not be closer than 300 feet to a public or private school measured in direct
line from property line to property line, and in direct lines across intersections.
30. Smoking Establishment
a. Definition: An establishment that primarily caters to the on-site consumption of
tobacco, such as a cigar or hookah lounge.
b. Additional Provisions:
(1) A Special Use Permit shall be required in all permitted districts except LI
Districts.
ARTICLE 5:USE REGULATIONS 70
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,
Ir1-:r
WYLIE ZONING ORDINANCE
(2) No smoking establishment shall be within 500 feet of another smoking
establishment.
(3) Shall not be closer than 300 feet to a public or private school measured in direct
line from property line to property line, and in direct lines across intersections.
31. Brewery, Winery, Distillery
a. Definition: An establishment that primarily caters to the on-site manufacturing of
alcoholic beverages in accordance with the Texas Alcohol Beverage Code for Breweries,
Brewpubs, Distillers, and Wineries.
b. Additional Provisions:
(1) The General Provisions listed in Section 7.10 shall apply.
(2) A Special Use Permit shall be required when there are additional uses on the
property. Those accessory uses can include but are not limited to; events center,
food truck park, restaurant without drive-thru service, and commercial
entertainment.
ARTICLE 5:USE REGULATIONS 71
WYLIE ZONING ORDINANCE
19. Restaurant with Drive-in or Drive-through Service
a. Definition: Restaurant with drive-in or drive through service means
(1) A restaurant with drive-in service is an establishment principally for the sale
and consumption of food where food service is provided to customers in motor
vehicles for consumption on the premises.
(2) A restaurant with drive-through service is an establishment principally for the
sale and consumption of food which has direct window service allowing
customers in motor vehicles to pick up food for off-premises consumption. This
use applies for the pick-up of delivery service and / or customer pre-orders of
food for off-premises consumption.
b. Additional Provisions:
(1) The minimum stacking space for the first vehicle stop for a commercial
drive-through shall be a minimum of 100-feet, and a minimum of 40-feet
thereafter, for any other stops.
(2) CR District: Drive through and stacking area shall not be located adjacent to
residential uses.
(3) The General Provisions listed in Section 7.10 shall apply.
20. Restaurant without Drive-in or Drive-through Service
a. Definition: Restaurant without drive-in or drive through service means an
establishment principally for the sale and consumption of food on the premises.
b. Additional Provisions: The General Provisions listed in Section 7.10 shall apply
23. Beer& Wine Package Sales.
a. Definition: An establishment, including but not limited to General Merchandise or
Food Store of any size or Motor Vehicle Fueling Station, engaged in the selling of
beer and/or wine to the general public for off-site personal or household consumption
and rendering services incidental to the sale of such goods.
b. Additional Provisions: The General Provisions listed in Section 7.10 shall apply.
ARTICLE 5:USE REGULATIONS 72
JAJ
WYLIE ZONING ORDINANCE
SECTION 7.10 ALCOHOL PROVISIONS
A. Genera! Provisions: The sale of alcohol shall be subject to compliance with the Texas
Alcoholic Beverage Code, as it exists or may be amended, and to the following development
criteria:
1. Establishments are only permitted to sell alcohol by right if the subject property was
located within the City limits as of May 13, 2006. For property annexed into the City
after May 13, 2006, an establishment that sells alcohol must obtain a permit for a Private
Club from the Texas Alcoholic Beverage Commission for the ability to sell alcohol.
2. An establishment that sells alcohol shall not be located closer than 300 feet to a church
and/or public hospital measured along the property lines of the street fronts from front
door to front door, and in direct lines across intersections.
3. An establishment that sells alcohol shall not be located closer than 300 feet to a public or
private school measured in a direct line from property line to property line, and in direct
lines across intersections.
4. The distance between an establishment that sells alcohol and a private school can be
increased to 1,000 feet if the City Council receives a request from the governing body of
the private school to do so.
5. Establishments that derive more than 75% of their revenue from the sale of alcohol are
only permitted by specific use permit.
6. In the BG District restaurant Use must be incorporated into the Civic Center facility and
owned, managed, operated, or contracted through, in whole or in part by a governmental
agency.
B. Appeal of distance requirements: As allowed under Chapter 109 of the Texas Alcoholic
Beverage Code the City Council may allow variances to the regulation if it is determined that
enforcement of the regulation in a particular instance is not in the best interest of the public,
constitutes waste or inefficient use of land or other resources, creates an undue hardship on an
applicant for a license or permit, does not serve its intended purpose, is not effective or
necessary, or for any other reason the City Council, after consideration of the health, safety, and
welfare of the public and the equities of the situation, determines is in the best interest of the
community.
1. The property owner shall request the variance, in writing, to the City Planner and
provide any additional information that may be required.
2. A fee shall be required equal to the fee of a commercial request for a variance to
the Zoning Board of Adjustments.
3. The City Planner shall notify the owner of the property subject to the distance
requirement, according to current year County tax rolls, and cause notification to be published in
the newspaper of record a time and place of the City Council meeting in which the request for
the distance variance will be considered. The notifications shall occur at least 10 days prior to the
City Council meeting.
ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS 164
C&SThe 1f,n tuersDiOe'`lairs 'i lie Prim euni Ileratd • TIIE WWAF;NEMS
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of C & S Media, dba The Wylie News, a newspaper regularly published in
Collin County, Texas and having general circulation in Collin County, Texas, and being
in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4),
who being by me duty sworn, deposed and says that the foregoing attached:
City of Wylie
Legal Notice—Ordinance No. 2023-23
was published in said newspaper on the following date(s), to-wit:
June 21, 2023
30�
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the 22nd day of June, 2023, to certify which
witness my hand and seal of office.
5D'N
SONIA A DUGGAN
2024
oNotaryID#126646343 Notary Public in and
_ My Commission Eypires The State of Texas
� August 12,
My commission expires 08/12/2024.
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2C June 21-22,2023
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c1Wss1Aeds0csmediatexas.cm 972-442-5515 a21
Tributary 1. amended), article 5,
use regulations and
As a result of the revi- article 7, general de-
sion,the floodway shall velopment regulations;
be established, the 1% amending certain regu-
annual chance water- lations relating to cre-
surface elevations shall ate and define smoke
be established, and shop, smoking estab-
the 1% annual chance lishment, brewery,
floodplain shall narrow distillery, and winery
i and widen within the uses, unify alcohol re-
area of revision. lated requirements in
the zoning ordinance,
Maps and detailed and provide an appeal
analysis of the revi- process from distance
sion can be reviewed requirements; provid- c
at Collin County En- ing a penalty clause, t
gineering Department, savings/repealing
4690 Community Ave, clause, severability i
Suite 200 McKinney, clause and an effective i
TX 75071. Interested date;and providing for
persons may call Tracy the publication of the
Homfeld at 972-548- caption hereof.
3727 for additional in-
formation. 8-It-41li
8-1t-75li
REQUEST
& FOR BID
CITY OF WYLIE
NORTH TEXAS
Ordinance MUNICIPAL
No.2023-23 WATER
DISTRICT
An ordinance of the
City Council of the RFB No.23-175-B
City of Wylie, Texas, Wylie WTP
amending Ordinance Ammonia Tank
No. 2006-04 of the Maintenance
City of Wylie (the
zoning ordinance, as Sealed bids addressed