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HomeMy WebLinkAboutOrdinance No. 2011-1939 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2011-1939 SPECIFIC USE PERMIT::: SECONDARY TATTOO USES AT ALL SEASONS TAN AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A SPECIFIC USE PERMIT ALLOWING TATTOOING AS A SECONDARY USE AT "ALL SEASONS TAN," GENERALLY LOCATED ON THE NORTHWEST CORNER OF MAIN STREET AND NORTH COLONY BOULEVARD, 6805 MAIN STREET, SUITE 455; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 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 any requisite notices by publication and otherwise, and have held due public hearings and afforded a full and fair hearing to all property owners generally and to all persons interested, and after determining that the location of All Seasons Tan exceeds the required 1,000 foot spacing from any school and/or another tattooing facility, and the City Council of the City of The Colony, Texas, is of the opinion and finds that Specific Use Permit No. SUP 11-0005 to allow tattooing as a secondary use at "All Seasons Tanning Salon," located at 6805 Main Street, The Colony, Texas, should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the City Council of the City of The Colony, Texas, does hereby approve the Specific Use Permit. SECTION 3. That it is hereby declared to be the intention of the City Council of the City of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. That any provision of any prior ordinance of the City whether codified or uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City whether codified or uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 5. That this Ordinance shall become effective immediately upon its passage. DULY PASSED by the City Council of the City of The Colony, Texas, this the 6"' day of December, 2011. J E McCO RRY, MAYOR ATTEST: J Christie Wilson, City Secretary APPROVED AS TO FORM: a } --7 Jeff Moore, City Attorney 2