Ordinance 1993-57
ORDINANCE NO.93-57
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE AS
HERETOFORE AMENDED SO AS TO GRANT A SPECIFIC USE PERMIT
FOR AN AUCTION HOUSE AS HEREIN DEFINED ON A TRACT OF LAND
DESCRIBED AS LOTS 17 AND 18, BLOCK 18, RAILROAD ADDITION;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF
lWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A
REPEALER CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, A Specific Use Permit for an Auction House has been requested by
Doyle Spurgin for the property described as Lots 17 and 18, Block 18, Railroad Addition;
and
WHEREAS, the Planning and Zoning Commission of the City of Wylie and the
governing body of the City of Wylie, in compliance with the laws of the State of Texas
and the ordinances of the City of Wylie, have given the requisite notices by publication
and otherwise, and have held public hearings and afforded a full and fair hearing to all
property owners generally, and to all persons interested in and situated in the affected
area and in the vicinity thereof, the governing body in the exercise of its legislative
discretion has concluded that the Comprehensive Zoning Ordinance of the City of Wylie
should be amended as follows:
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Wylie,
Texas:
Section 1. That the Comprehensive Zoning Ordinance of the City of Wylie, as
heretofore amended, be and the same is hereby amended so as to grant a Specific Use
Permit for an Auction House as provided herein on the following described property:
Lots 17 and 18, Block 18, Railroad Addition
and further described on the approved site plan attached hereto as Exhibit "A".
Section 2. That the Specific Use Permit shall be subject to the following special
conditions:
1. The approved uses shall be limited to retail uses including the sale
and/or auction of antiques and collectibles and the sale of estates
2. A parking agreement with the First Baptist Church providing the
deficient number of minimum parking spaces required shall be
executed to the satisfaction of the City of Wylie prior to issuance of
a Certificate of Occupancy
3. The occupancy load of the building shall be limited to 100 persons
4. That a scaled site plan shall be submitted to and approved by the
Building Official prior to issuance of a Certificate of Occupancy and
attached hereto as Exhibit "A" and made a part of this ordinance.
5. That a minimum of 50 parking spaces shall be provided either on-
site or by way of official agreement with the First Baptist Church
6. No industrial products or equipment are authorized for sale or
auction under the terms of this SUP
7. That all non-residential auctions shall not take place in or on the
property described herein but must take place off-site
8. That auctions are limited to two (2) nights per week between the
hours of 6:00 p.m. and 10:30 p.m. as proposed by the applicant no
more than (5) Sundays per year between the hours of 1 :00 p.m. and
6:00 p.m.
9. That this Specific Use Permit is limited to a period of eighteen (18)
months from the date of approval
Section 3. That the above described tract of land shall be used only in the
manner and for the purposes provided for in the Comprehensive Zoning Ordinance of
the City of Wylie as heretofore amended, as amended herein by granting of this Specific
Use Permit and as may be amended in the future.
Section 4. That all ordinances of the City of Wylie in conflict with the provisions
of this ordinance be, and the same are hereby repealed to the extent of that conflict.
Section 5. Any person, firm, or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be
punished by a penalty of fine not to exceed the sum of lWO THOUSAND DOLLARS
($2,000.00) for each offence and each and every day such offense shall continue shall
be deemed to constitute a separate offense.
Section 6. If any section paragraph, or prOVISion of this ordinance or the
application of that section, paragraph, or provision to any person, firm, corporation or
situation is for any reason judged invalid, the adjudication shall not affect any other
section, paragraph, or provision of this ordinance or the application of any other section,
paragraph or provision to any other person, firm, corporation or situation, nor shall
adjudication affect any other section, paragraph, or provision of the Comprehensive
Zoning Ordinance No. 85-23A of the City of Wylie, Texas, and the City Council declares
that it would have adopted the valid portions and applications of the ordinance without
the invalid parts and to this end the provisions for this ordinance are declared to be
severable.
Section 7. That this ordinance shall take effect immediately from and after its
passage and the publication of the caption of said ordinance as the law in such cases
provides.
DULY PASSED AND APPROVED this 14th day of December, 1993.
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