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Ordinance 2005-04 ORDINANCE NO. 2005-04 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ARTICLE 5, FIGURE 5.3 (LAND USE TABLE) AND ARTICLE 5, SECTION 5.2 (LISTED USES), OF THE COMPREHENSIVE WNlNG ORDINANCE NO. 2001-48; PROVIDING FOR A PENALTY FOR THE VIOLATION OF TmS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF TmS ORDINANCE; 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 Article 5, Figure 5.3 (Land Use Table) and Article 5, Section 5.2 (Listed Uses) of the City of Wylie, Texas ("Wylie") Comprehensive Zoning Ordinance No. 2001-48 should be amended; and WHEREAS, Wylie has complied with all notices and public hearings as required by law; and WHEREAS, the City Council fInds that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to amend Wylie's Comprehensive Zoning Ordinance No. 2001-48 as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Wylie's Comprehensive Zoning Ordinance No. 2001-48. Article 5, Figure 5.3 (Land Use Table) of Wylie's Comprehensive Zoning Ordinance No. 2001- 48 is hereby amended to read as follows: Residential Districts Permitted Uses Non-Residential Districts F, Retail, Personal NS CR BC CC ] DTH Service & Commercial 5, Body Art Studio p. Ordinance #2005-04 Compo Zoning-Body Piercing Definitions 1 SECTION 3: Amendment to Wylie's Comprehensive Zoning Ordinance No. 2001-48. Article 5, Section 5.2 (Listed Uses) of Wylie's Comprehensive Zoning Ordinance No. 2001-48 is hereby amended to read as follows: 5. Body Art Studio: a. Defmition: An establishment whose services include tattooing and/or body piercing. Tattooing shall mean the placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin. Body piercing shall mean the creation of an opening in an individual's body, other than ear piercing, to insert jewelry or another decoration. b. Permitted Districts: See Land Use Charts in Section 5.1 c. Required Parking: One space for every 200 square feet of floor area. d. Required Loading: None Square Feet of Floor Area 0-10,000 10,001 - 50,000 Each additional 10,000 or fraction thereof Required Loading Spaces None 1 1 e. Additional Provisions: Certificates of Occupancy for Body Art Studios must be held by a person licensed by the State of Texas, and such facilities must meet all environmental health requirements of the City of Wylie. Body Art Studios must be set back 1000 feet from any other Body Art Studio; Residential Zoning District; Church; Public, Private or Parochial School; and Day Care. SECTION 4: Savings/Repealing Clause: Wylie's Comprehensive Zoning Ordinance No. 2001-48 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 #2005-04 Comp, Zoning-Body Piercing Definitions 2 SECTION 5: Severability: 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. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 2001-48, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. 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 7: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DUL Y PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 11th day of January, 2005. // //f / ,- // JOHN ONDY, Mayor \\1111111/1 ! I ATTESTED TO AND ...",~~~\\ () ~"..vt:;;IIII,... CORREgTL y RE~ED BY:~<;<'~{ROVED AS TO FORM: ,... ... - . . . l' L.. : - . ~ y .-d!.'" . : ICH .....~..<~ ~ERNATHY. ROEDER BOYD & JOPLIN. P.C i.~IE.,\-~\\\\'RICHARD M. ABERNATHY 11111111\\\\\ City Attorneys DATE OF PUBLICATION: Januarv 19. 2005 in the Wylie News Ordinance #2005-04 Compo Zoning-Body Piercing Definitions 3 THE WYLIE NEWS --COvermg Wylie, Sal:hse, Murphy and (lie sllll.;ulIdmg area 110 N. Ballard P.O. Box 369 Wylie, Texas 75098 (972) 442-5515 Fax (972) 442-4318 STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn, deposed and says that the foregoing attached City of Wylie Ord. No. 2005-01, Ord. No. 2005-02, Ord. No. 2005-03, Ord. No, 2005-04 was published in said newspaper on the following date(s), to-wit: Jan. 46,2005 {JJj)I/ - Chad Engbrock, Publisher Subscribed and sworn before me on this, the ! /2A- _day of ~:-- , 2005 to certify which witness my hand and seal of office. ....-:. "-;;~...." ~~..~",'AY .~'" (:~ro ~~\ ADA ,L. MOONEY "~l ~~ tJ J NOtary PUblic f ~"'~\.., ./:.> ,S,tateo,fTexas J'~ tr;.~...;~ . M ~l.... Y COrtlm Ex') 01 . " .02.07 ~ ()L x: m~/ . Notary Public in and for The State of Texas 1Y1 v commission expires 01/02/07 Wednesday, January 19,2005- THE WYLIE NEWS - Section C - Page 7 CENO. 01 \NCE OF IF WYLIE, MENDING NOS. 92-6, 96-22 IN REGULA- DISPOSAL :IE AND ITO THE EWER OF IF WYLIE, ROVIDING T SYSTEM AL, SUS- REVOCA- APPEAL ROVIDING .lNG, SAV- ~VERABIL- ES; AND FOR AN DATE OF ~NCE. CENO. 02 lDINANCE IG THE :; "CITY OF AS, COM- [AX AND eERTIFI- OBLIGA- ES 2005"; THE FEATURES CERTIFI - ROVIDING {MENT OF ICATES OF I BY THE ~ AD VAL- lJPON ALL lROPERTY Classified Advertising WITHIN THE CITY AND A LIMITED PLEDGE OF THE NET REVENUES FROM THE OPERATION OF THE CITY'S WATER- WORKS AND SEWER SYSTEM; AND RESOLV- 1NG OTHER MATTERS INCIDENT AND RELAT- ING TO THE ISSUANCE, PAYMENT, SECURITY, SALE AND DELIVERY OF SAID CERTIFI- CATES, INCLUDING THE APPROVAL AND EXECUTION OF A PAY- ING AGENT/REGlS- TRAR AGREEMENT AND A PURCHASE CONTRACT ANb THE APPROVAL AND DIS- TRIBUTION OF AN OFFICIAL STATEMENT; AND PROVIDING AN EFFECTIVE DATE. TIONS OF THE CITY; AND RESOLVING OTHER MATTERS INCI- DENT AND RELATED TO THE ISSUANCE, SALE, PAYMENT AND DELIVERY- OF SAID BONDS, INCLUDING THE APPROVAL AND EXECUTION OF A PAY- 1NG AGENT/REGIS- TRAR AGREEMENT, A PURCHASE AGREE- MENT AND A ESCROW AGREEMENT AND THE APPROVAL AND DIS- TRIBUTION OF AN OFFICIAL STATEMENT; AND PROVIDING AN EFFECTIVE DATE. Subscribe to THE WYLIE N.EWS Covering Wylie, Sachse, Murphy and the surrounding area Name Address City Zip St. ORDINANCE NO. 2005-04 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ARTICLE 5, FIGURE 5.3 (LAND USE TABLE) AND ARTICLE 5, SEC- AN ORDINANCE TION 5.2 (LISTED AUTHORIZING THE USES), OF THE COM- ISSUANCE OF "CITY OF PREHENSIVE ZONING WYLIE, TEXAS, GEN- ORDINANCE NO. 2001- ERAL OBLIGATION 48; PROVIDING FOR A REFUNDING AND PENALTY FOR THE IMP R 0 V E MEN T VIOLATION OF THIS BONDS, SERIES 2005"; ORDINANCE; PROVID- SPECIFYING THE ING FOR REPEALING, TERMS AND FEATURES SAVINGS AND SEVERe OF SAID BONDS; LEVY- . ABILITY CLAUSES; ING A CONTINUING PROVIDING FOR AN DIRECT ANNUAL AD EFFECTIVE DATE OF VALOREM TAX FOR THIS ORDINANCE; AND THE PAYMENT OF SAID PROVIDING FOR THE BONDS; PROVIDING PUBLICATION OF THE FOR THE REDEMPTION CAPTION HEREOF. OF CERTAIN OUT-~~ 35-lt-339. STANDING OBLIGA- '\.. ORDINANCE NO. 2005-03 Phone Number Today's Date Rates: $23.00 in Collin & Dallas Counties; $28.00 out of county; $35.00 out of state. *Mail this form and your check to : The Wylie News P.O. Box 369, Wylie. Texas 75098. .. CALL 972 442-5515 TO SUBSCRIBE IVt\KEs.\ (;JU:.\T UIH.TIIIHY (;11"1' HlH TilE PERSON \\'110 liAS I E\ERYTlII,\(;! tion~ide Advertising PAYMENT REQUIRED - TexSGAN Il\DVERTISING I ylie News ($175) LJ West Region ($.," . (Extra words $6 each.", egions:_+__,,/ bers, street address, city, s~ "...--.,,,.,...........--- -... . .