Ordinance 2018-03ORDINANCE NO. 2018-03
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE
NO. 2006-04, ARTICLE 5, SECTION 5.2.F.5 BODY ART STUDIO AND CREATING
SECTION 5.1 FIGURE 5-3.F.28 PERMANENT COSMETIC ESTABLISHMENT
AND SECTION 5.2.F.28 PERMANENT COSMETIC ESTABLISHMENT;
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE OF THIS 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 it would be advantageous and beneficial to the citizens of the City of Wylie, Texas
("Wylie") to amend Ordinance No. 2006-04, to amend the definition of Article 5, Section 5.2.F.5 Body Art
Studio and create Section 5.1 Figure 5-3.F.28 Permanent Cosmetic Establishment and Section 5.2.F.28
Permanent Cosmetic Establishment.
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 Article 5, Section 5.2.F.5 Body Art Studio and create Section 5.1
Figure 5-3.F.28 Permanent Cosmetic Establishment and Section 5.2.F.28 Permanent Cosmetic
Establishment Article 5 (Use Regulations) of the City of Wylie Zoning Ordinance No. 2006-04, related to
Body Art Studio and Permanent Cosmetic Establishments of the Wylie Code of Ordinances is hereby
amended as depicted in Exhibit A (Article 5, Section 5.1 Figure 5-3.F.28 Permanent Cosmetic
Establishment), Exhibit B (Article 5, Section 5.2.F.5 Body Art Studio & Article 5, Section 5.2.F.28
Permanent Cosmetic Establishment) and are included and made a part of this Ordinance.
SECTION 3: Savings/Repealing Clause: Wylie's Comprehensive Zoning Ordinance No. 2006-04,
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 All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such
repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal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. 2018-03
Amending Ordinance No, 2006-04, Article 5, Section 5.2.F.5 Body Art Studio
And Creating Section 5.1 Figure 5-3.F.28 Permanent Cosmetic Establishment
SECTION 4: Severabilitv: 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 any one or more sections, subsections, sentences, clauses and phrases be
declared unconstitutional or invalid.
SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance
or any provision of Wylie's Comprehensive Zoning Ordinance No. 2006-04, as amended, shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred
Dollars ($500.00). 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 6: Effective Date: 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 February, 2018.
ATTEST:
Eric Hogue, pa
Stephanie Storm, City Secretary
DATE OF PUBLICATION: February 21, 201
Ordinance No. 2018-03
Amending Ordinance No, 2006-04, Article 5, Section 5.2.F.5 Body Art Studio
And Creating Section 5.1 Figure 5-3.F.28 Permanent Cosmetic Establishment
CITY OF WY1.1[
1
EXHIBIT A
Zoning Ordinance
PERMITTED USES Residential Districts Non -Residential Districts I Parking
Low- Medium- High -Density Commercial Industrial Mixed Uses
Density Density Residential
Residential Residential
F. RETAIL, PERSONAL SVC & AG/ SF- SF- SF- TH MF MH BG L I H 1 DTH SBO
COM., CONT. 30 1A/ 20/ 10/
30 26 24
24. Beer & Wine Package Sales
25. Antique Shop (Inside Sales)
26. Secondhand Goods
27. Used Merchandise
Resale/Consignment or
Thrift Shop
28. Permanent Cosmetic
Establishment
NS CR CC
P* P* P*
S P* P*
S P*
S P*
P* P* P*
P* P* P* P* I per 250 sq ft (L)
P* P* 1 per 250 sq ft (L)
1 per 250sgft(L)
P* P* 1 per 250 sq ft (L)
P* P* 1 per 250 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
ARTICLE 5: USE REGI) ATIONS
ARTICLE 5: USE REGULATIONS
EXHIBT B
CITY OF WYL.IF.
Zoning Ordinance
5. Body Art Studio
a. Definition: A Body Art Studio, whether public or private, temporary or permanent, in
nature or location, whose services include tattooing, body piercing and/or body art,
whether or not for profit, are performed, including mobile body art establishments..
b. Body Art shall mean the placing or inserting of designs, letters, figures, symbols, or
other indelible marks upon or under the skin of any person, using ink, scarring 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. This includes the
practice of physical body adornment by establishments and operators/technicians
using, but not limited to, any of the following techniques: body piercing, tattooing,
branding, scarification, and non-medical implants. This definition does not include
practices that are considered medical procedures by a state medical board, such as
implants under the skin, which shall not be performed in a body art establishment or
cosmetic tattooing as defined in this Section. Nor does this definition include, piercing
of the outer perimeter or lobe of the ear with pre -sterilized single -use stud and clasp
ear piercing systems, the application of gemstones or other objects and adornments to
the skin via the use of temporary adhesives, or the application of temporary tattoos or
markings that do not involve the piercing of the skin and may be washed away with
soap and water or otherwise naturally disappear within weeks or a few months after
application (e.g., henna or body or face painting).
c. Additional Provisions: Certifications of Occupancy for Body Art Studios must be
held by a person licensed by the State of Texas, as set forth in Chapter 146 of the Texas
Health and Safety Code, as such may be from time to time amended and such facilities
must meet all environmental health requirements of the City of Wylie and the State of
Texas. Body Art Studios must be set back 1,000 feet from any other Body Art Studio;
Residential Zoning District; Church; Public, Private or Parochial School; and Day Care.
28. Permanent Cosmetic Establishment
a. Definition: Permanent Cosmetic Establishment means the practice commonly known
as permanent makeup, in which micropigmentation or intradermal cosmetics are
applied by trained personnel to permanently or semi -permanently simulate the
appearance of common cosmetic applications such as eyeliner lip liner, lip color,
eyebrow enhancement, and beauty marks, or to otherwise permanently or semi -
permanently restore or improve the appearance of damaged or disfigured skin or other
bodily features to natural coloration and condition.
b. Additional Provisions: Certifications of Occupancy for Permanent Cosmetic
Establishments must be held by a person licensed by the State of Texas, as set forth in
Chapter 146 of the Texas Health and Safety Code, as such may be from time to time
amended and such facilities must meet all environmental health requirements of the
City of Wylie and the State of Texas.
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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
Ordinance 2018-03
was published in said newspaper on the following date(s), to -wit:
February 21, 2018.
Subscribed and sworn before me on this, the
to certify which witness my hand and seal of office.
SONIA A. DUGGAN
Notary Public, State of Texas
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�,,,8;��‘`Notary ID 130783749
Chad Engbrock, Publisher
day of , 2018
Notary Public in and,
The State of Texas
My commission expires
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City of Wylie '
Ordinance
No. 2018-03
An Ordinance of the
City of Wylie, Texas,
amending Ordinance
No. 2006.04, article
5, section 5.2.f.5 body
art studio and creat-
ing section 5.1 figure
5-3.f.28 permanent
cosmetic establishment
and section 5.2.f.28
permanent cosmetic
establishment; provid-
ing for a penalty for
the violation of this or-
dinance; providing for
repealing, savings and
severability clauses;
providing for an effec-
tive date of this ordi-
nance; and providing
for the publication of
the caption hereof.
42-1t-3211