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O-192-5-76CITY OF ALLEN, TEXAS, ORDINANCE NO. 192 AN ORDINANCE AUTHORIZING A SPECIFIC USE PERMIT IN ACCORDANCE WITH GENERAL ZONING ORDINANCE NO.129; PROVIDING FOR THE ISSUANCE OF THE SAME; PROVIDING THAT THE PROPERTY LOCATED IN W. J. JACKSON SURVEY, ABST . NO. 484 BE ISSUED A SPECIFIC USE PERMIT -FOR THE OPERATION OF A CAR WASH; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, a request having been made to the Planning and Zoning Commission of the City of Allen for a specific use permit for the operation of a car wash in a district zoned LR (local retail); and WHEREAS, said request is in accordance with the permissible specific uses authorized in General Zoning Ordinance No. 129 and all notices required by said Ordinance and by law having been in all respects complied with; and WHEREAS, the Planning and Zoning Commission and the City Council of the City of Allen, Texas, having considered all operating data and expert evaluation requested by the same and being of the opinion that said specific use will be advantageous and beneficial to the City of Allen and its inhabitants; and WHEREAS, the City Council of the City of Allen, Texas, having considered all opposition to the issuance of said specific use permit and the vote in favor of the same being in compliance with the laws and statutes of the State of Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: �J 0 SECTION 1: That the property in the W. J. Jackson Survey, Abstract No. 484, shall be issued a specific use permit, which property is located in the City of Allen, Texas, and is presently zoned LR (Local Retail). SECTION 2: That said specific use permit shall authorize the persons occupying the said property to operate a car wash in accordance with the authorized specific uses contained in General Zoning Ordinance No. 129. SECTION 3: That said specific use permit shall be and is hereby issued to permit the operation of a car wash. SECTION 4: That said specific use permit shall remain in force and effect only so long as all requirements of the State of Texas and City of Allen regarding the operation thereof shall be complied with. SECTION 5: That it shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and it shall be unlawful for any person, firm or corporation to conduct any operation or business other than that of a car wash. SECTION 6: Any person, firm or corporation who violates any pro.vision of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefor, shall be fined any sum not exceeding $200.00, and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: That should any part or portion of this Ordinance, or of the use created herein affecting the 14 a M aforementioned property, be declared unconstitutional or invalid by a Court of competent jurisdiction, it is expressly provided that any and all remaining portions and those provided for within this Ordinance shall remain in full force and effect. SECTION 8: The caption of this Ordinance shall be published one time in a weekly newspaper published in the City of Allen, Texas, and shall be effective immediately upon its passage and such publication. PASSED AND APPROVED BY THE CITY COUNCIL OF T E CITY OF ALLEN, TEXAS, on this _ day of 111 1976. Moel'or., City of Alle CORRECTLY RECORDED: a 494/ City Secretary