Ordinance 2021-18ORDINANCE NO.2021-18
' 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), ARTICLES, USE REGULATIONS;
AMENDING CERTAIN REGULATIONS RELATING TO
PERMANENT, ACCESSORY, AND TEMPORARY
DEVELOPMENT STANDARDS OF FOOD TRUCKS AND
FARMERS MARKETS IN THE CITY OF WYLIE;
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, of Ordinance No. 2006-04, the Zoning
Ordinance, as amended, to amend regulations relating to Permanent, Accessory, and Temporary
Development Standards of Food Trucks and Farmer Markets in the City of Wylie; 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 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
Ordinance No. 2021-18 Food Trucks and Farmers Markets
with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for '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 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 anyprovision
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 '
13th day of April, 2021.
ATTEST:
JjuykGIIAA leGt)- -
Stephanie Storm, City Secretary
DATE OF P1,
Matthew Porter, Mayor
Wylie News
Ordinance No. 2021-18 Food Trucks and Farmers Markets
oa
CITY OF
WYLIE EXHIBIT A ZONING
IORDINANCE
Permitted Uses
Residential Districts
Nan -Residential Districts
Parking
Low
High Density
Commercial
Industrial
Mixed -Use
Density
F. Retail, Personal
AG/
SF-
SF-
SF-
TH
MF
MH
NS
CR
CC
BG
L I
HI
DT
SB
Service &
30
ED
20/
10/
H
O
Commercial Cont.
26
24
20. Restaurant with
1 per 150
Drive-in or Drive-
P*
P*
P *
sq ft (L)
through Service
21. Restaurant
I per 100
without Drive-in or
sq ft (L)
Drive -through
P*
P*
P*
P*
P*
P*
P*
P*
Service
23. Truck, Machinery
1 per 600
& Heavy Equipment
sq ft of
Sales, Service or
S
P
main
Repair
structure
(L)
4. Vehicle Display,
P
P
1 per 500
ales or Service
sq ft (L)
25. Beer & Wine
P*
P*
P*
P*
P*
P*
P*
1 per 250
Package Sales
sq ft (L)
26. Antique Shop
S
P*
P*
P*
P*
1 per 250
(Inside Sales)
sq ft (L)
27. Secondhand
S
P*
1 per 250
Goods
sq ft (L)
28. Permanent
1 per 250
Cosmetic
P*
P*
P*
P*
P*
sq ft (L)
Establishment
29. Food Truck Park
Per
/ Farmer's Market
S
S
S
S
S
S
approved
site plan
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
11
oea
CITY OF
W YLI E
EXHIBIT A
ZONING
ORDINANCE
a
Permitted Uses
Residential Districts
Non -Residential Districts
Parki
Low
High Density
Commercial
Industrial
Mixed -Use
Density
J. Accessory Uses
AG/
SF-
SF-
SF-
TH
MF
MH
NS
CR
CC
BIG
L I
H I
DTH
SBO
30
ED
20/
10/
26
24
1. Accessory
P*
S
None
Agricultural
Buildings
2. Accessory
1 per 300
Community Center
P*
P*
P*
P*
P*
P*
P*
P*
P*
P*
P*
P*
sq ft
(Private)
3. Accessory Game
None /
Court (Private)
P*
P*
P*
P*
P*
P*
P*
P*
P*
S
P*
P*
Per
approved
site plan
4. Accessory
None
Outside Display of
P*
P*
P*
P*
P*
P*
Merchandise
5. Accessory
]per
Outside Sales
P*
P*
P*
P*
P*
P*
P*
P*
P*
P*
P*
sq ft
6. Accessory
S
P*
P*
None
Outside Storage
7. Amaetuer
None
Communication
P*
P*
S
S
S
P*
P*
P*
P*
P*
P*
P*
Tower
8. Caretakers
1 per
Quarters/ Domestic
S
P
P
P
P
P
P
P
P
P
1000 sq ft
or Security Unit
9.Home
P*
P*
P*
P*
P*
P*
P*
None
Occupation
10. Private Stable
P*
P*
None
11. Swimming Pool
P*
P*
P*
P*
P*
P*
P*
P*
P*
P*
P*
P*
S
S
None
(Private
of1v
CITY OF
WYLIE EXHIBIT A ZONING
1 ORDINANCE
29. Food Truck Park / Farmers Market
a. Definition: A park or market of a permanent nature allowing for mobile food units, cart
food vendors, and for the sale of locally sourced foodstuffs and arts and craft products.
Additional uses, such as entertainment or amusement, may be allowed only when included
in Special Use Permit development conditions.
b. Additional Provisions:
(1) All access/egress points, food truck and vendor stalls, and fire lanes (if necessary) shall
be located on an impervious concrete surface. Drive aisles, on -site parking, and
pedestrian walkways shall be located on an impervious concrete surface or a durable
semi -impervious surface approved by the City Engineer.
(2) As a permanent use, with or without permanent structures, the site shall provide water
and electric utilities consistent with a commercial use.
(3) If a Food Truck Parks/Farmers Market is located within 500 feet of a residential or
mixed -use district, the hours of operation shall be made a part of the SUP.
(4) Applicable food and sales tax permits shall be required for all vendors.
(5) Sale of alcohol shall abide by the same regulations as restaurants or beer/wine sales
' establishments as appropriate.
(6) At least one permanent enclosed restroom shall be provided within 500 feet of any
market stall or food vendor. An alternative restroom provider may be included if, as part
of the SUP:
A. The lot containing the use is less than one acre or has another limiting factor for
the installation of permanent bathrooms, and;
B. Permanent bathrooms, open to the public, are located within 500 feet of all market
stalls and food vendors.
(7) Each mobile food unit and/or vendor stall must provide a trash receptacle that is
accessible to customers.
(8) All mobile food units and vendors shall provide fire prevention tools as required by the
City of Wylie Fire department.
(9) All mobile food units and vendors must provide a food or health permit as required at
the time of operation.
orN
CITY OF
WYLIE
Article 5.J Accessory Sales
5. Accessory Outside Sales
EXHIBIT A
ZONING
ORDINANCE
a. Definition: Accessory outside sales means the area of an existing site for the generally
permanent outside sale of food or merchandise. Accessory uses may include, but not be limited
to, year-round rotated seasonal merchandise and food truck and cart vendors.
b. Additional Provisions: Accessory outside sales shall meet the following standards:
(1) Accessory outside sales are permitted only in areas designated on the site plan filed with
the City. The City Planner shall have the authority to approve or disapprove the addition of
Accessory Outside Sales exhibits when presented as an amendment to an approved site plan
of the primary use. The City Planner may waive this authority and require consideration of
the amendment by the Planning and Zoning Commission.
(2) In residential districts this use shall only be allowed on property owned and maintained
by the subdivision's Homeowners Association (HOA). Operation of the use shall be
specified in the HOA's Covenants, Conditions, and Restrictions (CCRs).
(3) Outdoor sales areas may not exceed five percent of the adjacent building floor area,
(Building area is defined as the entirely enclosed portion of the primary use structure) or 50%
of the common lot area in a residential district.
(4) Accessory outside sales shall have required parking based on the accessory use and the
square footage of the entirety of the use, including such areas as seating and queuing, as
determined by a rectangle that encompasses said area.
(5) Outdoor sales may occupy a sidewalk that is located within twenty feet of the building.
Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable
distance shall be maintained. Outside sales and displays shall only occupy the sidewalk
during normal business hours.
(6) Any outside sales areas not located on a sidewalk must be located, in its entirety, on an
improved concrete surface within 100 feet of the primary structure with safe pedestrian
route(s) to the primary structure.
(7) Any outside sales located within 25 feet of the property line, and not on a sidewalk, shall
be screened from view of adjacent roadways, public areas, and adjacent properties. Such
screening shall:
(a) Be a minimum of eight feet high or one foot taller than any and all, merchandise,
materials being displayed, or vendor vehicles, whichever is greater.
(b) Include solid screening matching the material of the primary building, solid evergreen
planting, or wrought iron.
(8) No outdoor sales may be located in any portion of parking required by all other existing
on -site uses.
Uff
CITY OF
WYLIE EXHIBIT A ZONING
I
ORDINANCE
Article 5.K.3 Seasonal Sales Stand
3. Seasonal Farmers Market / Food Truck Park
a. Definition: A site or facility for the sale of agricultural products or prepared foods that are
seasonal or temporary in nature.
b. Additional Provisions:
(1) No product, food cart, truck, or stall may be placed for sale or display and no structures
closer than 10 feet to the public right-of-way or sidewalk, whichever is greater.
EXCEPTION: The placement distance may be reduced adjacent to rights -of -way with no
more than two total lanes of motorized vehicle traffic and a speed limit of 30 miles per hour
or less
(2) No temporary site or facility shall be larger than one acre nor have more than 50% of the
total area of the property occupied by vendor stalls, carts, or trucks.
(3) Upon completion of the temporary use, the site shall be restored, all evidence of its use
removed.
(4) Off-street parking requirements for this use may be satisfied by using existing parking
' spaces located within 500 feet of the use (not the property line), or by providing temporary
parking spaces that do not strictly comply with the City's off-street parking construction
requirements. The operator of this use shall demonstrate to the satisfaction of the Building
Official that temporary off-street parking space:
(a) Adequately accommodate the parking needs of the use;
(b) Will not adversely affect surrounding uses; and
(c) Is used with written permission of the property owner, manager, or duly appointed
representative.
orN
CITY OF
WYLIE
SECTION 5.5 TEMPORARY USES
EXHIBIT A
ZONING
ORDINANCE
A. Purpose
Temporary uses shall include short-term or seasonal uses that would not be appropriate on a
permanent basis. Temporary uses shall obtain a Temporary Use Permit from the Building
Official. Temporary Use Permits outline conditions of operations to protect the public health,
safety, and welfare. TUPs may be approved for up to a maximum of 90 consecutive days, with
one 30 consecutive day extension on a separate TUP application, unless otherwise limited by
additional provisions as listed in the Land Use charts or in Section 5.5.B, below.
B. Temporary Use Defined
Temporary uses are identified in Section 5.1 Land Use Charts and 5.2 Listed Uses. In addition,
the following uses and activities shall be considered temporary uses:
1. Fundraising Activities by Not -for -Profit Agencies. Fundraising or noncommercial events
for nonprofit educational, community service or religious organizations where the public is
invited to participate in the activities and which last longer than 48 hours, but less than 14
days.
2. Special and Seasonal Sales Events. Significant commercial activities lasting not longer than
30 days intended to sell, lease, rent or promote specific merchandise, services or product '
lines, including but not limited to warehouse sales, tent sales, trade shows, flea markets,
product demonstrations, or parking lot sales of art work or other goods.
3. Entertainment or Amusement Events. Short-term cultural and entertainment events
including public or private events lasting not longer than 30 days intended primarily for
entertainment or amusement, such as concerts, plays or other theatrical productions,
circuses, fairs, carnivals or festivals.
c&s
Zhe 7farinersbille Znimes • Murphy Monitor • the Princeton I Icrdd • 7k S3ChsC News • THE WYIIE NEWS
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 — Ordinances No. 2021-18, No. 2021-19, No. 2021-20 and No. 2021-22
was published in said newspaper on the following date(s), to -wit:
April 21, 2021
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the 22nd day of April, 2021, to certify which
witness my hand and seal of office.
SoNIAA DUGGAN
°` rn Notary ID 026646343
My Commissio ZEDx2PIres
�+f or + August 12,
Notary ' irj C•*d for
The State of Texas
My commission expires 08/12/2024.
MurphrrSachsclWylie Office • 110 N. Ballard • P.O. Box 369 • W71ie. T'X 75098 .972-442-5515 -fro 972-442-4318
Famxrslillc/Princeton Office • 101 S Main • P.O. Box 512 • FarmesvillejX 75442 •972-78-4-6397 • fax 972-782-7023
14C April 21-22, 2021
CITY OF WYLIE •
Ordinance
No.2021.18
'An Ordinance Of The+
iCity Council Of The.
City Of Wylie, Texas,
fAmending Ordinancel
'No. 2006-04 Of The
City _ Of _. Wylie- (The
Zoning , Ordinance,
As Amended), Article
5, Use Regulations;
Amending Certain
Regulations -Relating
To Permanent,, Acces-
sory, And Temporary
Development Stan-.
dards Of Food Trucks) j
And Farmers Markets
In The CityOf Wylie;
Providing A Penalty I
iClause, Savings/Re-
pealing Clause, Sever- i
ability Clause And An
Effective Date; And
Providing For The
Publication Of The.
Caption Hereof.
Ordinance
No.2021-19
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, ,
Sections 5.2.E.9 And
5.2.F.19 Listed Uses; ;
Amending Certain
Regulations Relating
To Massage Establish-
ments In The City Of
Wylie; Providing A
Penalty Clause, Sav-
ings/Repealing Clause,
Severability Clause
And An Effective
Date; And Providing
For The Publication Of
The Caption Hereof.
Ordhnance
No.2021-20
An Ordinance Of The 1
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;
I .Sections-5.1 Land Use .
Charts And 5.2 List-
ed Uses; Amending
Certain Regulations
Relating To Special
Use Permits For Uses
Currently Allowed By
Right In Tlie'City Of'
Wylie; Providing A,
Penalty Clause, Sav-
ings/Repealing Clause,
Severability Clause
And An Effective
Date; And .providing
For -The Publication Of
The Caption Hereof.
Ordinance
No.2021-22
An Ordinance Of The
City Council Of The
City Of Wylie, Texas,
i Amending Wylie's
Code Of Ordinances,
Ordinance No. 2021-
17, As' Amended,
Chapter 18 (Animals); j
Prescribing Regula-
tions To Ensure The
Health And Humane
Treatment Of Animals
And The Public; Defin-
ing Terms; Establish-
ing Regulations On
Animals, Dogs And
Cats, Dangerous Dogs
And Rabies Control;
Providing For An Ani-
mal Shelter Advisory
Board; Providing A
Savings/Repealing
Clause; Severability
Clause, Penalty Clause
And An Effective
Date; And Providing
For The Publication Of
The Caption Hereof.
51-It-1281i