Ordinance 2025-14 ORDINANCE NO.2025-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
AMENDING WYLIE'S ZONING ORDINANCE, ORDINANCE NO. 2006-04, AS
AMENDED, ARTICLE 5 (USE REGULATIONS) AND ARTICLE 7 (GENERAL
DEVELOPMENT REGULATIONS); AMENDING CERTAIN REGULATIONS
RELATING TO SMOKE SHOPS,AND PROVIDE AN APPEAL PROCESS FROM
DISTANCE REQUIREMENTS; PROVIDING A PENALTY CLAUSE,
SAVINGSIREPEALING 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 Wylie's Zoning Ordinance, Ordinance No. 2006-04, as amended, Article 5 (Use
Regulations) and Article 7 (General Development Regulations) to amend regulations relating to Smoke
Shops; 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,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Ordinance are hereby repealed,but such repeal shall not abate any pending prosecution for violation of the
repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if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.
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
Ordinance No.2025-14 Amending Articles 5 and 7; Smoke Shops Page 1 of 2
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 8th
day of April,2025.
Matthew Porter,Mayor
ATTEST:
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11( l(�r�
Stephanie Storm,City Secretary
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L�,iCRE('FA,
\ CPC Pit RA10.
Date ofpublic �p" ;fi3 2� 4n f Wylie News
Ordinance No.2025-14 Amending Articles 5 and 7; Smoke Shops Page 2 of 2
1;,I
C'TY OF
WYLIE ZONING ORDINANCE
Delete Section 5.1.F.29 Smoke Shop as a listed use
CC LI
0-1-a Shop der 300 sq#t
Delete Section 5.2.F.29 Smoke Shop as a use
29. Smoke Shop.
a. Definition. A retail establishment engaged in the sftle of smoking and vaping pme�dets ancb'or
are ftet lifnited to; > eigafs, > Pipes, heekahs, bangs, tebaeee,
Provisions! vape
than 25% of the floor spat iisplays attt4 ftisles, is based att the refftil sale of the
b. Additional(1) Ne smoke shop shall be established within I
,500 line from property line to property line, and in direet lines netress(2) Shall not be closet than 306 f�et tv 2t publis, v, pi-rate school niensmed in di.
intersections.
Add Section 7.11 - Smoke and Head Shop Provisions.
A . General Provisions. The sale of any smoking,vaping, and/or cannabis related products(to
include but not limited to; Cigarettes, cigars, e-cigarettes,pipes,hookahs,bongs,tobacco,vape
cartridges,chewing tobacco,and legal cannabis products such as oils,edibles,tinctures,
concentrates, and topicals.
0 1. Establishments are only permitted to sell the above products by right if the subject
property was selling these products before the date of this ordinance. For property
selling said products after the date of this ordinance, a Special Use Permit(SUP)must
be obtained from the City of Wylie.
0 2. An establishment that sells the above products 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.
0 3. An establishment that sells the above products 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.
0 4. A SUP shall only be valid for the property owner,leasee, and/or applicant designated
on the SUP for the listed lot or property. The approval of an SUP is not approval for the
ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS 164
1„I
CITY OF
WYLIE ZONING ORDINANCE
use on the property in perpetuity. Should the business tied to the owner,leasee,or
applicant cease as a going concern,the property or lot reverts to the base zoning.
B.Appeal of Distance Requirements. The City Council may allow variances to the distance
regulations 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.The distance variance shall become a part of
the Special Use Permit Ordinance.
ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS 165
rT.IIe jfa nrersuiIle Tuncs • Murphy Monitor • The Princeton Herald .G•Sa. h. hms • THE WYLIE NEWS
media
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 duly sworn, deposed and says that the foregoing attached:
City of Wylie
Legal Notice — Ordinance No. 2025-14
was published in said newspaper on the following date(s), to -wit:
April 17, 2025
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the 17th day of April, 2025, to certify which
witness my hand and seal of office.
SONIA A DUGGAN
A126646343
My CommisslonNotaryID Expires
August 12, 2028
Notary Pub is i
The State of Te 4 a
or
My commission expires 08/12/2028.
\1ur phIIS rchse Wy lie Office • 110 N. Ballard • P.O. Box 369 . Wylie 1 X 75098 • 972 442-5515
Farmrsc illc/Princctan Office • 101 S. Main • P.O. Bo, 512 • I'armersviiIc. TN 75442 • 972 84-6397
11171:11
tYOFWYIL
OrdInance
No. 2025-14
An Ordinance of
the City j Council
of the City of Wy-
lie, Texas, amend-
ing Wylie's Zoning
Ordinance, '` ordi-
nance No 2006-04,
as amended, Ar-
ticle 5 (use regula-
tions) and Article 7
(general develop-
ment regulations);
amending certain
regulations relating
to smoke shops, and
provide an appeal
process fromdis-
tance requirements;
providing a penalty
clause, ' savings/re-
pealing clause, sev-
erabiiliity clause and
an effective date;
a4d prove `i hoar
the publication of
the caption hereof.
51-1t-341i