HomeMy WebLinkAboutOrdinance No. 2011-1923
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2011-1923
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING APPENDIX A, SECTION 10-100 BY ADDING NEW USES
TO THE USE SCHEDULE, ENTITLED "BODY ART STUDIO," AND
"TATTOO PARLOR;" AMENDING APPENDIX A, SECTION 10-300,
ENTITLED "DEFINITIONS AND EXPLANATIONS APPLICABLE TO
USE SCHEDULE," BY ADDING NEW DEFINITIONS FOR "BODY ART
STUDIO," "BODY BRANDING," "BODY PIERCING," "PERMANENT
COSMETICS," "TATTOO PARLOR," AND "TATTOOING;"
AMENDING APPENDIX A, BY ADDING A NEW SECTION 10-1370,
ENTITLED "TATTOO PARLORS, BODY ART STUDIOS, AND
PERMANENT COSMETICS;" ESTABLISHING REGULATIONS AND
SPACING REQUIREMENTS FOR TATTOO PARLORS, BODY ART
STUDIOS AND PERMANENT COSMETICS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 211.006(a) of the Texas Local Government Code requires the City
of The Colony, Texas, to publish notice of a public hearing concerning a zoning amendment
before the 15th day before the date of the public hearing; and
WHEREAS, Appendix A, Section 24-101(4) of the Code of Ordinances of the City of
The Colony, Texas, provides the following, "A public hearing shall be held by the governing
body before adopting any proposed amendment, supplement or change. Notice of such hearing
shall be given by publication in a newspaper of general circulation in the City of The Colony
stating the time and place of such hearing which time shall not be earlier than fifteen (15) days
from the date of publication;" and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of
Ordinances of the City of The Colony, Texas, have given the requisite notices by publication and
otherwise, and have held due hearings and afforded a full and fair hearing to all property owners
generally and to all persons interested, and the City Council of the City of The Colony, Texas, is
of the opinion and finds that said changes should be granted, and that the Code of Ordinances
should be amended.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2. That the use schedule contained in Appendix A, Section 10-100, of the
Comprehensive Zoning Ordinance of the City of The Colony, Texas is hereby amended by
adding new uses for "Body Art Studio" and "Tattoo Parlor," to be inserted and incorporated
alphabetically into the use schedule contained in Section 10-100 to read as follows:
"SCHEDULE OF USES BY DISTRICT
S- Specific Use Permit, N - Not Permitted, Blank Space - Permitted
S T M M M M M P 0 0 N S G L H B
Type of Use F D H 1 2 3 4 H D A P 1 2 S C R C C I P
207 Body Art Studio N N N N N N N N S N N N N N N N S S S N
211 Tattoo Parlor N N N N N N N N S N N N N N S S S S S N
SECTION 3. That Appendix A, Section 10-300 of the Comprehensive Zoning
Ordinance of the City of The Colony, Texas, entitled "Definitions and explanations applicable to
use schedule," is hereby amended by adding the following new definitions to be inserted
immediately following the definition of "snow cone establishment" to read as follows:
"[207] Body art studio: A state-licensed place of business that employs personnel to
inject permanent ink into the surface of the human body and additionally perform body
piercing, other than the piercing of ear lobes, and body branding.
[208] Body branding: A form of body modification that involves the process of burning
the skin of a person in a manner that will result in a permanent scar or mark on the skin,
usually in a pattern or the shape of a specific symbol.
[209] Body piercing: The practice of puncturing or cutting a part of the human body to
create an opening in which jewelry may be worn, other than the piercing of ear lobes.
[210] Pernzaizent cosmetics: The practice of injecting permanent ink into and/or on the
eyelids, eyebrow area, and lips to enhance facial features and to create the appearance of
make-up.
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[211] Tattoo parlor: A state-licensed place of business that conducts tattooing as a
primary use.
[212] Tattooing: The placing of designs, letters, figures, symbols, or other marks upon
and/or under the skin of a 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.
SECTION 4. That Appendix A, Section 10 Comprehensive Zoning Ordinance of the
City of The Colony, Texas, entitled "Use of Land and Buildings," is hereby amended by adding
a new Section 10-1370, entitled, "Tattoo Parlors, Body Art Studios and Permanent Cosmetics,"
to read as follows:
"10-1370. Tattoo parlors, body art studios, and permanent cosmetics.
(1) Tattoo parlors are subject to the following regulations:
(a) No tattoo parlor may be located within 1,000 feet of a public, denominational
and/or charter school. For purposes of this subsection, the 1,000-foot spacing
requirement shall be measured from the leased or owned occupied space of the
tattoo parlor to the nearest school lot line.
(b) No tattoo parlor may be located within 1,000 feet of another tattoo parlor. For
purposes of this subsection, the 1,000-foot spacing requirement shall be measured
from the leased or owned occupied space of the tattoo parlor to the nearest leased
or owned occupied space of any other tattoo parlor.
(2) Body art studios are subject to the following regulations:
(a) No body art studio may be located within 1,000 feet of a public, denominational
and/or charter school. For purposes of this subsection, the 1,000-foot spacing
requirement shall be measured from the leased or owned occupied space of the
body art studio to the nearest school lot line.
(b) No body art studio may be located within 1,000 feet of another body art studio.
For purposes of this subsection, the 1,000-foot spacing requirement shall be
measured from the leased or owned occupied space of the body art studio to the
leased or owned occupied space of any other body art studio.
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(3) Permanent cosmetics and tattoo services as a secondary use are permitted as
secondary uses only if conducted within a beauty salon, barber shop, spa or similar
use. Beauty salons, barber shops, spas, or similar uses that include permanent
cosmetics or tattoo services as secondary uses may be located in any district and in
any place that normally allows the primary use.
SECTION 5. If any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this ordinance; and the City Council hereby declares it would have passed such
remaining portions of this Ordinance despite such invalidity, which remaining portions shall
remain in full force and effect.
SECTION 6. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and
all other provisions of the Ordinances of the City not in conflict with the provisions of this
ordinance shall remain in full force and effect.
SECTION 7. Any person, firm, or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 8. This Ordinance shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, ON THIS THE l=~r~ day of /;///,0
2011.
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Joe McCourry Ma or
ATTEST:
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Christie Wilson, City Secretary
PP-RO _ ED AS TO FORM:
Jeff Moore, City Attorney 69
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