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HomeMy WebLinkAbout1977 11-13-2012 ORDINANCE NO. 1977 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF EULESS, CHAPTER 84, "UNIFIED DEVELOPMENT CODE", ARTICLE I, "GENERAL PROVISIONS", SECTION 84-7, "DEFINITIONS AND WORD USAGE", BY PROVIDING DEFINITIONS FOR PERMANENT COSMETIC MAKEUP STUDIO AND TATTOO AND/OR BODY MODIFICATION STUDIO; AMENDING ARTICLE IV, "ZONING DISTRICT REGULATIONS", SECTION 84-84, "PERMITTED USES TABLE" AND SECTION 84-85, "SPECIAL CONDITIONS BY USE TYPE"; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND AN EFFECTIVE DATE. WHEREAS, the City of Euless ("City"), is a home rule city acting under its charter adopted by the electorate pursuant to article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council is empowered under the Texas Local Government Code to adopt ordinances and rules for the orderly and beneficial operation of City Government and the welfare of the citizens of Euless; and WHEREAS, the City Council has adopted Chapter 84 of the Euless Code of Ordinance, the Unified Development Code, which regulates and restricts the location and use of buildings, structures and land for trade, industry, residence, and other purposes, and provide for the establishment of zoning districts of such number, shape and area as may be best suited to carry out these regulations; and WHEREAS, the City Council desires to amend Chapter 84 to provide more specific regulations concerning permanent makeup studios and tattoo and/or body modification studios to better address the general health, safety and welfare of the citizens of Euless; and WHEREAS, the City Council has reviewed source materials related to the effects of tattoo and/or body modification studios and has determined that a proliferation and clustering of tattoo and/or body modification studios in the City of Euless can have a detrimental effect on local property values and economic development within the City {Source: Blackburn, Justin, MPH et.al, "Tattoo Frequency and Types Among Homicides and Other Deaths, 2007-2008, "American Journal for Forensic Medicine Pathology, Vol 33, Num 3, September 2012.); and WHEREAS, the Planning and Zoning Commission has conducted a public hearing on November 6, 2012, in conjunction with Case No. 12-12-CC, and has rendered a recommendation to the City Council with respect to this case; and WHEREAS, City Council has conducted a public hearing on November 13, 2012, has considered the recommendation of the Planning and Zoning Commission, and has determined that the proposed change is in the best interest of the general welfare of the City of Euless; and WHEREAS, City has complied with all requirements of Chapter 211 of the Local Government Code and all other laws dealing with notice, publication and procedural requirements for the amendments described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION 1. Section 84-7 Definitions and word usage paragraph (b) is amended through the addition of the following: Permanent Cosmetic Makeup Studio. An establishment where trained personnel apply micro-injections of pigment to the dermal layer of skin such that cosmetics are applied within the facial lines on a permanent basis. This includes, but is not limited to: permanent eyeliner, eye shadow, or lip color. This term does not include a Tattoo and/ or Body Modification Studio. Tattoo and/or Body Modification Studio. An establishment where licensed personnel apply an indelible mark or figure to the human body by scarring, branding, body piercing any part of the human body with the exception of piercing the ear or the practice of acupuncture, or inserting a pigment under the skin using needles, scalpels or other related equipment in accordance with Chapter 146 of the Texas Health and Safety Code. A Tattoo and/or Body Modification Studio may include a Permanent Cosmetic Makeup Studio provided it is an accessory use to the Tattoo and/or Body Modification Studio and meets State licensing requirements for both a Tattoo and/or Body Modification Studio and a Permanent Cosmetic Makeup Studio. SECTION 2. Section 84-84 Permitted uses table (Table 4A) is amended through the addition of the following: Residential Commercial Industrial Parking Special SIC C R Condition ode Primary Use Group Ta R- R- R- R- R- R- R- C C- TX I- 1- Section 1 1 1L 1A 2 3 4 5 MH 1 2 10 LI 1 2 ble 5-A 84-85 C Permanent 7231 Makeup P P P P P P 8 Cosmetic Studio 7299 Tattoo and/or S S S 8 al Body Ordinance No. 1977, Page 2 of 5 Modification Studio Section 84-84 Permitted uses table (Exhibit A "TX-121" - 121 Gateway District Use Table) is amended through the addition of the following: Parking Special SIC Code Primary Use Group Condition Sec. Table 5-A 84-85 7231 Permanent Makeup Cosmetic Studio P 8 7299 Tattoo and/or Body Modification Studio 8 at SECTION 3. Section 84-85 Special conditions by use type is amended through the addition of the following: (al) Tattoo and/or Body Modification Studio. No Tattoo and/or Body Modification Studio as defined in Section 84-7 may be located within 1,000 feet of another Tattoo and/or Body Modification Shop; or within 500 feet of the right-of-way of Airport Freeway/SH 183 or SH 121, or Euless Boulevard/SH 10 or FM 157/Industrial Boulevard; or within 500 feet of any zoning which allows residential uses by right. (a) Measurement. For purposes of this section, measurement shall be made in a straight line, without regard to intervening structures or objects: 1. From the nearest portion of the property line of the premises where the existing business is located to the nearest portion of the property line of the premises where the new business is proposed; 2. From the nearest portion of the right-of-way line of Airport Freeway/SH 183 or SH 121, or Euless Boulevard/SH 10 or FM 157/Industrial Boulevard to the property line of the premises where the new business is proposed; or 3. From the nearest portion of any zoning classification which permits residential uses by right to the property line of the premises where the new business is proposed. (b) Non-conformity. A tattoo and/or body modification studio that existed lawfully on the date the use commenced; and that does not conform to zoning district and separation distance standards shall be deemed a non- conforming use. Ordinance No. 1977, Page 3 of 5 1. If a tattoo and/or body modification studio ceases operations at a particular location, a new certificate of occupancy shall not be issued for a new tattoo and/or body modification studio at that location without first complying with all the requirements of this Section 84-85(ai). 2. The ability to continue a non-conforming tattoo and/or body modification studio shall cease and such use shall terminate whenever either of the following occur: i. A certificate of occupancy for a change of owner, occupant, tenant, or business is required. ii. The certificate of occupancy for the use is relinquished, canceled, or terminated in accordance with other applicable ordinances. SECTION 4. CUMULATIVE CLAUSE. This Ordinance shall be cumulative of all provisions of the City Code and other ordinances of the City of Euless, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. SECTION 5. SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City Council of the City of Euless that the sections, paragraphs, sentences, clauses, and phrases 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, or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase. SECTION 6. SAVINGS CLAUSE. That the Code of Ordinances, City of Euless, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. All rights and remedies of the City of Euless are expressly saved as to any and all violations of the provisions of any ordinances affecting the regulation of tattoo and/or body modification studios and permanent cosmetic makeup studios within the City which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Ordinance No. 1977, Page 4 of 5 SECTION 7. PENALTY FOR VIOLATION. Any person, firm, or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in accordance with Chapter 1, "General Provisions," Section 1-12, "General Penalty," Euless Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. SECTION 8. PUBLICATION. The caption and penalty clause of this ordinance shall be published in a newspaper of general circulation in the City of Euless, in compliance with the provisions of Article II, Section 12, of the City Charter. SECTION 9. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication, as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on November 13, 2012, by a vote of 7 ayes, o nays, and o abstentions. APPROVED: )1 Mary Lib Saleh, Mayor ATTEST: / 6 v CGe�) m Sutter, T M , City Secretary APPROVED AS TO FORM: ta"69:// Wayne Olson, City Attorney Ordinance No. 1977, Page 5 of 5