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Ordinance 2021-19ORDINANCE 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 ESTABLISHMENTS 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 5.2.E.9 and 5.2.17.19 Listed Uses, 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, Sections 5.2.E.9 and 5.2.17.19 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. I SECTION 1: 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. 2021-19 Relating to Massage Establishments 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 I 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 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 13th day of April, 2021. I Rlr, f # w Porter, Mayor ATTEST: Stephanie Storm, City Secretary � PNTP rE RA!lWA,, f2117zOF TE-S DATE OF PUBLICATION: April 21, 2021 in The Wylie News Ordinance No. 2021-19 Relating to Massage Establishments AY,l CITY OF WYLIE EXHIBIT A ZONING ORDINANCE 1 Section 5.2 Listed Uses E. 9. Sexually -Oriented Business a. Definition: An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, or nude model studio. b. Additional Provisions: This use shall meet all requirements of the Chapter 26 "Businesses" of the City of Wylie Code, Article IV Sexually Oriented Businesses. F. 19. Personal Service Use Definition: Personal service use means a facility for the sale of personal services. Personal service uses include, but are not limited to a barber/beauty shop, shoe repair, a tailor, an instructional arts studio, a photographic studio, a handcrafted art work studio, a travel bureau, duplicating shop, and Massage Establishments. b. Additional Provisions: Massage Establishments shall meet all requirements of Chapter 26 "Businesses" of the City of Wylie Code of Ordinances, Article III Massage ' Establishments. ARTICLE 5: USE REGULATIONS 70 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