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Ordinance 2021-20ORDINANCE NO.2021-20 ' 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 5.1 LAND USE CHARTS AND 5.2 LISTED USES; AMENDING CERTAIN REGULATIONS RELATING TO SPECIAL USE PERMITS FOR USES CURRENTLY ALLOWED BY RIGHT 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, Sections 5.1 Land Use Charts and 5.2. Listed Uses, of Ordinance No. 2006-04, the Zoning Ordinance, as amended, to amend regulations relating Special Use Permits for uses currently allowed by right 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, Sections 5.1 Land Use Charts and 5.2 Listed Uses 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 Ordinance No. 2021-20 Relating to Special Use Permits 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: Anyperson, 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 t 13th day of April, 2021. ATTEST: J""JMX4t,U Stephanie Storm, City Secretary DATE OF PUBLICATION: April 21, 2021 in The Wylie News Ordinance No. 2021-20 Relating to Special Use Permits 11 dr,® CITY OF WYLIE �:u:�rr•� ZONING ORDINANCE Permitted Uses Residential Districts Non -Residential Districts Parking Low High Density Commercial Industrial Mixed -Use Density A. Agricultural AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO & Animal 30 ED 20/ 10/ Related 26 24 1. Animal 1 per 325 Boarding S S P sq ft of Kennel with main Outside Pens structure 2. Animal 1 per 325 Boarding/ S S S P* p* p* sq ft Kennel without Outside Pens 3. Animal Per Production P* approved Site Plan 4. Commercial 1 per 300 Greenhouse or P* S* S P sq ft of Nursery main structure 5.Crop P* P* none Production FSmtab'e S* P* 1 per 3 mercial) stalls 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 ARTICLE 5: USE REGULATIONS 70 of'a CITY OF WYLIE EXHIBIT A ZONING ORDINANCE Permitted Uses Residential Districts Non -Residential Districts Parki Low High Density Commercial Industrial Mixed -Use Density E. Recreational, AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO Entertainment 30 ED 20/ 10/ & Amusement 26 24 Cont. 6. f Driving S S S S S S S S S S 1.25 r Range tee (L) 7. Health Club P* P* P* P P P P I per 200 sq ft 8.Neighborhood Per Park or P P P P P P P P P P P P P P P approved Playground site plan (L) 9. Sexually 1 per 150 Oriented P* sq ft (L) Business 10. Shooting S P* 1 per Range, Indoor sq ft (L) 11. Theater S S S S S 1 per 200 sq ft 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 ARTICLE 5: USE REGULATIONS 71 ®Ile CITY OF WYLIE EXHIBIT A ZONING ORDINANCE 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 I DTH SBO Personal Service 30 ED 20/ 10/ & Commercial 26 24 1. Animal Clinic S S P P 1 per 400 or Hospital sq ft (L) 2. Automobile S P* P P* P 1 per 400 Rental sq ft (L) 3. Automobile S S P 1 per 400 Repair, Major sq ft (L) 4. Automobile S S S P P I per 300 Repair, Minor sq ft (L) 5. Body Art P* P* 1 per 150 Studio sq ft (L) 6. Car Wash Per S S S approved SUP (L) 7. Club or Lodge P P P P P 1 per 200 (Non-profit) sq ft (L 9. Dry Cleaning 1 per 350 or Laundry, S* S* S* P p sq ft Drop -Off or Self Service 10. Cleaners 1 per (Commercial) S P* P* 1000 sq ft (L) 11. Equipment S S S P p 1 per 500 Rental sq ft 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 ARTICLE 5: USE REGULATIONS 72 ©fN CITY OF WYLIE ax][11r.WWO ZONING ORDINANCE Permitted Uses Residential Districts Non -Residential Districts Parld Low High Density Commercial Industrial Mixed -Use Density F. Retail, AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO Personal Service 30 ED 20/ 10/ & Commercial 26 24 Cont. 12. Food S P* P P 1 per Processing 1000 sq ft 13. General I per 400 Merchandise P P P P* P P P sq ft (L) Store 14. Grocery Store S P P P P I per 300 sq ft (L) 15. Home I per 400 Improvement sq ft (L) Center, Lumber, P P P Brick, or Building Materials 16. Household I per Equipment & P P P P P sq ft (L) Appliance Repair 17.Motor Vehicle S S S P P Per site Fueling Station plan (L) 18.Pawn Shop P I per 250 sq ft (L) 19. Personal P P P P P P I per 250 Service Use sq ft (L) 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 1 ARTICLE 5: USE REGULATIONS 73 ®rN CITY OF WYLIE EXHIBIT A ZONING ORDINANCE Permitted Uses Residential Districts Nan -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 I DT SB Personal Service 30 ED 20/ 10/ H O & Commercial 26 24 Cont. 20. Restaurant 1 per 150 with Drive-in or S* S* sq ft (L) Drive -through Service 21. Restaurant 1 per 100 without Drive-in sq ft (L) or Drive -through P* P* P* P* P* P* P* P* Service 22. Tmck, 1 per 600 Machinery & sq ft of Heavy Equipment S P main Sales, Service or structure Repair L 23. Vehicle 1per 500 Display, Sales or S S sq ft (L) Service 24. Beer & Wine P* P* P* P* P* P* P* 1 per 250 Package Sales sq ft (L) 25. Antique Shop S P * P * P * P * 1 per 250 (Inside Sales) sq ft (L) 26. Secondhand S P* 1 per 250 Goods sq ft (L) 27. Used I per 250 Merchandise sq ft (L) Resale/ S P* P* P* Consignment or Thrift Shop 28. Permanent 1 per 250 Cosmetic P* P* P* P* P* sq ft (L) Establishment ' 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 ARTICLE 5: USE REGULATIONS 74 orN CITY OF WYLIE EXHIBIT A ZONING ORDINANCE Permitted Uses Residential Districts Non -Residential Districts Parkin Low High Density Commercial Industrial Mixed -Use Density I. Wholesale, AG/ SF- SF- SF- TH MIT MH NS CR CC BG L I H I DTH SBO Distribution & 30 ED 20/ 10/ Storage 26 24 1. Auto Auction S Per approved site plan (L) 2. Contractor's S* P P Per approved Maintenance Yard site plan (L) 3. Freight Terminal Per approved P site plan (L) 4. Landfill S Per approved SUP 5. Livestock Per approved Auction Pens or S SUP (L) Sheds 6. Mini -Warehouse I per20 (Self -Storage) S S units 7.Office I per 750 sq Showroom / S P P P* P R (L) Warehouse 8.Outside Storage P P Per approved site plan (L) 9. Recycling S S S p Per approved Collection Center site plan (L) 10. Warehouse/ S P 1 per 1500 sq Distribution Center It (L) 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 ARTICLE 5: USE REGULATIONS 75 1f,/ CITY OF WYLIE EXHIBIT A ZONING ORDINANCE I5.2.A.4 4. Commercial Greenhouse or Nursery a. Definition: Commercial greenhouse & nursery means a facility for the cultivation of plants within a protected environment on a commercial basis. b. Additional Provisions: AG District: Limited retail sales are permitted on -site subject to the following conditions: (1) Retail sales are permitted at all times as part of the commercial greenhouse and nursery use when the retail sales do not exceed 10 percent of the total greenhouse floor area. (2) Up to 100 percent of the total greenhouse floor area may be devoted to retail sales activities during an occasional greenhouse sale. No more than 4 occasional greenhouse sales may be conducted during any 12 month period. Each occasional greenhouse sale shall be limited in duration to no more than 3 consecutive calendar days. CR Districts: ' (1) Use shall be limited to 5,000 square feet of land area. (2) Inside retail sales permitted. (3) All outside storage shall be screened from adjacent properties and streets. 5.2.F.8 DELETED 5.2.F.9 9. Dry Cleaning or Laundry, Drop -Off or Self Service a. Definition: Dry cleaning, laundry store means a facility for the cleaning of garments, principally for individuals. This use may be either: (1) a facility where patrons do their own cleaning; or (2) a facility where the cleaning is done by employees of the establishment. b. Additional Provisions: (1) The minimum stacking space for the first vehicle stop for a commercial drive - through shall be 100-feet, and 40-feet thereafter, for any other stops. ARTICLE 5: USE REGULATIONS 76 ©r,© CITY OF WYLIE EXHIBIT A ZONING ORDINANCE 5.2.F.17 ' 17. Motor Vehicle Fueling Station a. Definition: Motor Vehicle Fueling Station means a building or covered premises used for the dispensing and sale of fuels or oils and accessories for the motor vehicle trade, together with automatic car wash facilities. b. Additional Provisions: NS, CR, CC Districts: (1) SUP required and the additional conditions in 2 through 5 below. (2) All commercial activities and operations shall be conducted entirely within an enclosed structure, except as follows: (a) The dispensing of petroleum products, water and air from pump islands. (b) The sale of items via vending machines which shall be located next to the main structure. (3) Pump islands shall be located a minimum of 45 feet from a street right-of-way line. A canopy or roof structure over a pump island may be located no closer than 35 feet from the street right-of-way line. (4) One off-street stacking space is required for each pump and water/air dispenser. (5) No used or discarded automotive parts or equipment or disabled, junked, or ' wrecked vehicles shall be located in any open area outside the main structure. (6) Noise from bells or. loudspeakers shall not be audible beyond the property line at any time. 5.2.F.20 20. 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. ARTICLE 5: USE REGULATIONS 77 �YN CITY OF WYLIE 7 EXHIBIT A ZONING ORDINANCE (2) CR District: Drive through and stacking area shall not be located adjacent to residential uses. (3) The "Additional Provisions" listed in paragraph 21, subpart e., below, for "Restaurants without Drive-in or Drive -through Service" shall apply to Restaurants with Drive-in or Drive -through Service that sell alcohol. ARTICLE 5: USE REGULATIONS 78 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