O-1425-5-96CITY OF ALLEN
COMPREHENSIVE ZONING ORDINANCE
ORDINANCE NO. 1425-5-96
CITY OF ALLEN, TEXAS
ZONING ORDINANCE NO. 1425-5-96
Article I - General Provisions
P%le
1.01 -Short Title......................................................................... 1.1
1.02-Purpose.......................................................................... 1.1
1.03-Authority.......................................................................... 1.1
1.04-Jurisdiction........................................................................ 1.1
1.05 - Compliance Required................................................................ 1.1
1.06 - Zoning Districts Established........................................................... 1.1
1.07 - Zoning District Map................................................................. 1.2
1.08 - Zoning District Boundaries............................................................ 1.2
1.09 - Schedules and Illustrations........................................................... 1.3
Article 11 - Special Provisions
2.01 - Newly Annexed Territory ............................................................. 2.1
2.02 - Platting Property .................................................................... 2.1
2.03 - Creation of Building Site.............................................................. 2.1
2.04 - Completion of Buildings.............................................................. 2.2
2.05- Non -conforming Uses............................................................... 2.2
2.06 -Specific Use Permits................................................................ 2.4
2.07 -Temporary Uses.................................................................... 2.7
2.08 - New and Unlisted Uses.............................................................. 2.9
2.09 Site Plan Approval................................................................. 2.10
2.10-Definitions........................................................................ 2.13
Article III - Regulations
3.01 -Use and Areas...................................................................
3.1
3.01(A) - "A-0" Agriculture -Open Space District Regulations ......................................
3.2
3.01(B) - "R-2" Single Family Residential District Regulations ......................................
3.4
3.01(C) - "R-3" Single Family Residential District Regulations ......................................
3.6
3.01(D) - "R-4" Single Family Residential District Regulations ......................................
3.8
3.01(E) - "R-5" Single Family Residential District Regulations .....................................
3.10
3.01(F) - "R-6" Single Family Residential District Regulations .....................................
3.12
3.01(G) - "R-7" Single Family Residential District Regulations ....................................
3.14
3.01(H) - "2F" Duplex Residential District Regulations ..........................................
3.16
3.01(1) - "TH" Townhouse Residential District Regulations .......................................
3.18
3.01(J) - "MF -12" Multi -family Residential District Regulations ....................................
3.20
3.01(K) - "MF -18" Multi -family Residential District Regulations ....................................
3.22
3.01(L) - "MF -24" Multi -family Residential District Regulations ....................................
3.24
3.01(M) - WH" Mobile Home Park District Regulations ..........................................
3.26
3.01(N) - "GO" Garden Office District Regulations ..............................................
3.28
3.01(0) - "0" Office District Regulations.....................................................
3.30
3.01(P) - "LR" Local Retail District Regulations ................................................
3.32
3.01(Q) - "SC" Shopping Center District Regulations ...........................................
3.35
3.01(R) - "LC" Light Commercial District Regulations ...........................................
3.37
ORDINANCE NO. 1425-5-96
3.01(S) - "GB" General Business District Regulations ...........................................
3.39
3.01(T) - "CC" Corridor Commercial District Regulations .........................................
3.41
3.01(U) - "IT' Industrial Technology District Regulations .........................................
3.44
3.01(V) - "LI" Light Industrial District Regulations ...............................................
3.47
3.01(W) - "GI" General Industrial District Regulations ...........................................
3.50
3.01(X) - "HI" Heavy Industrial District Regulations .............................................
3.52
3.01(Y) - "PD" Planned Development District Regulations ........................................
3.55
3.01(Z) - "CF" Community Facilities District Regulations .........................................
3.57
3.01 (AA) -' FP" Flood Plain District (Prefix) Regulations .........................................
3.58
3.01(AB)- "CBD" Central Business District Regulations ..........................................
3.59
3.02 - Height and Area Exceptions........................................................
3.63
3.03 - Vehicle Parking..................................................................
3.66
3.04 - Off-street Loading................................................................
3.71
3.05 - Landscape and Tree Preservation...................................................
3.72
3.06 -Lighting........................................................................
3.84
3.07 -Fences and Walls................................................................
3.89
3.08 - Court Standards.................................................................
3.91
3.09 -Accessory Buildings..............................................................
3.92
3.10 - Home Occupations...............................................................
3.94
3.11 - Minimum Access.................................................................
3.95
3.12 -Performance Standards...........................................................
3.96
Article IV - Administration
4.01 - Administrative Official................................................................ 4.1
4.02 - Planning and Zoning Commission...................................................... 4.1
4.03 - Changes and Amendments........................................................... 4.2
4.04 -Board of Adjustment................................................................. 4.5
Article V - Enforcement
5.01 - Building Permits.................................................................... 5.1
5.02 - Permits and Agreements............................................................. 5.2
5.03 - Certificate of Occupancy............................................................. 5.2
5.04 - Filing Fees and Charges............................................................. 5.3
5.05 -Penalty ........................................................................... 5.4
5.06-Conflict........................................................................... 5.4
5.07 -Severability ........................................................................ 5.4
5.08-Savings.......................................................................... 5.4
5.09 -Effective Date...................................................................... 5.6
Exhibit "A"
Illustrations
1 - Lot Width
2 - Lot Depth
3 - Yards
4 - Corner Lot
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ORDINANCE NO. 1425-5-96
5- Method of Measuring Front Yard
6- Double Frontage Lots
7- Front Yard Where Zoning Changes in a Block
8- Interpretation of Average Front Yard Where Yard Depth Varies
9- Special apartment Side Yard and Spacing Standards
10 - Floor Area Ratio
11 - Setback Standards High-rise Apartment and Similar Structures
12 - Side Yard Standards Attached Single Family Dwellings
13 - Landscaped Edge
14 - Interior Parking Lot Landscaping
15 - Landscaping for Corner Lots
Exhibit "B" Schedule of Uses
Key and District Name Abbreviations
Schedule of Uses
iii
CITY OF ALLEN, TEXAS
ZONING ORDINANCE
ORDINANCE NO. 1425-5-96
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
REPEALING ORDINANCE NO. 829-11-87, ESTABLISHING AND PROVIDING
FOR ZONING REGULATIONS WITHIN THE CORPORATE LIMITS OF THE CITY
OF ALLEN, TEXAS; ESTABLISHING USE DISTRICTS IN ACCORDANCE WITH
THE COMPREHENSIVE PLAN; ADOPTING THE OFFICIAL ZONING MAP;
ADOPTING CERTAIN ILLUSTRATIONS; PROVIDING CERTAIN SPECIAL
PROVISIONS FOR COMPLIANCE; CONTAINING CERTAIN DEFINITIONS;
REGULATING THE USE OF BUILDINGS AND LAND, THEIR HEIGHT,
COVERAGE, SIZES, YARDS AND OPEN SPACES; SPECIFYING STANDARD
VEHICLE PARKING, OFF STREET LOADING, LANDSCAPING, LIGHTING,
ACCESSORY BUILDINGS, HOME OCCUPATIONS, FENCES AND WALLS,
MINIMUM ACCESS, AND PERFORMANCE; DEFINING THE AUTHORITY OF THE
ZONING ADMINISTRATOR, THE PLANNING AND ZONING COMMISSION;
PROVIDING FOR AMENDMENTS; PROVIDING FOR A BOARD OF
ADJUSTMENT AND APPEALS PROCESS; PROVIDING FOR ENFORCEMENT;
ESTABLISHING A SCHEDULE OF FEES AND CHARGES; PROVIDING FOR A
PENALTY OF NOT MORE THAN TWO THOUSAND DOLLARS ($2,000) FOR
EACH VIOLATION THEREOF; PROVIDING A VALIDITY CLAUSE; REPEALING
ALL CONFLICTING ORDINANCES; DECLARING AN EMERGENCY AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, under the provisions of the Constitution and the laws of the State of Texas, including
particularly B.T.C.A., Local Government Code Section 211 et seq., authority is conferred upon the
City of Allen, Texas, to establish zoning districts regulations within the City of Allen; and,
WHEREAS, the Planning and Zoning Commission after several months' study did develop a
Comprehensive Urban Plan for the City, and did recommend that a joint public hearing be held by
the Planning and Zoning Commission and City Council concerning revisions to the text of the
Zoning Ordinance; and
WHEREAS, pursuant to such recommendation, a joint public hearing was held after notice was
published in a paper of general circulation in the City of Allen at least fifteen (15) days prior to such
hearing in accordance with Local Government Code Section 211.006; and
WHEREAS, following said public hearing, the Planning and Zoning Commission did review all
testimony and requests, and did report this Zoning Ordinance in its final form to the City Council,
recommending its adoption;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, on and after the effective date of this Ordinance, any person, firm, corporation, or
organization seeking erection, construction, reconstruction, alteration, repair or use of building
structures or land within the corporate limits of the City of Allen, Texas, and all of its annexations
and additions, shall be required to comply with the requirements of this Ordinance before any
approval may be granted, to -wit:
ORDINANCE NO. 1425-5-96
ARTICLE 1 - GENERAL PROVISIONS
1.01 SHORT TITLE - This Ordinance may be known as and referred to as the "Zoning
Ordinance" of the City of Allen, Texas.
1.02 PURPOSE - It is the purpose of this Ordinance to lessen congestion in the streets; to
secure safety from fire, panic, and other dangers; to promote health and the general
welfare; to provide adequate light and air; to prevent overcrowding of land; to avoid undue
concentration of population; to facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements, all in accordance with the
Comprehensive Urban Plan for the City.
1.03 AUTHORITY - This Zoning Ordinance is adopted under the authority of LGC 211 et sesq.
of the State of Texas.
1.04 JURISDICTION - This Ordinance shall govern any and all buildings, structures, and land
located within the corporate limits of the City of Allen, and shall further apply to any and all
legal annexations of land or additions made to the City subsequent to the adoption of this
Ordinance.
1.05 COMPLIANCE REQUIRED - All land, buildings, structures or appurtenances thereon
located within the City of Allen, Texas, which are hereafter occupied, used, erected, altered,
removed, demolished or converted shall be used, removed, placed and erected in
conformance with the zoning regulations prescribed for the zoning district in which such
land or building is located as hereinafter provided.
1.06 ZONING DISTRICTS ESTABLISHED - The City of Allen Texas, is hereby divided into
twenty-seven (27) zoning districts. The regulations as set out herein are uniform
throughout each district. The zoning districts established shall be known as:
Abbreviated Zoning
Designation District
"A -O"
Agriculture -Open Space District
"R-2"
Single-family Residential District
"R4"
Single-family Residential District
"R-4"
Single-family Residential District
"R-5"
Single-family Residential District
'R-6"
Single-family Residential District
"R-7"
Single-family Residential District
112-F"
Duplex Residential District
11TH"
Townhome Residential District
"MF -12"
Multi -family Residential District
"MF -18"
Multi -family Residential District
"MF -24"
Multi -family Residential District
"MH"
Mobile Home Park District
"GO"
Garden Office District
"O"
Office District
"LR"
Local Retail District
"SC"
Shopping Center District
"LC"
Light Commercial District
1.1
ORDINANCE NO. 1425-5-96
"GB"
General Business District
"CC"
Corridor Commercial District
"IT"
Industrial Technology District
"LI"
Light Industrial District
"GI"
General Industrial District
"HI"
Heavy Industrial District
"PD"
Planned Development District
"CF"
Community Facilities District
"FP"
Flood Plain District
"CBD"
Central Business District
1.07 ZONING DISTRICT MAP - The boundaries of the zoning districts established herein are
delineated upon a Zoning District Map of the City of Allen, Texas. Said map is adopted as
part of this Ordinance as if contained herein.
One original Zoning District Map shall be filed in the office of the City Secretary. This
original map shall be the Official Zoning District Map and shall bear the signature of the
Mayor and attestation of the City Secretary. This copy shall not be changed in any manner.
In case of any questions, this copy, together with amending ordinances, shall be controlling.
Additional copies of the original Zoning District Map bearing the signature of the Mayor and
attestation by the City Secretary shall be filed and maintained as follows:
One copy shall be filed with the Building Official and shall be maintained by posting
thereon all changes and subsequent amendments for observation in issuing
Building Permits, Certificates of Occupancy, Compliance and for enforcing the
Zoning Ordinance.
2. One copy shall be filed with the Planning and Zoning Commission for reference
purposes and shall be updated by posting thereon all changes and subsequent
amendments.
3. It shall be the duty of the Department of Community Development to update and
maintain, within a reasonable period of time, the Official Zoning District Map by
entering any changes which the City Council may approve.
1.08 ZONING DISTRICT BOUNDARIES: Where uncertainty exists with respect to the
boundaries of any of the aforesaid districts shown on the Zoning Map, the following rules
shall apply:
Where district boundaries are indicated as approximately following the center lines
of streets or highways, street lines or highway right-of-way lines, such center lines,
street lines, or highway right-of-way lines shall be construed to be the said
boundaries.
2. Where district boundaries are so dedicated that they approximately follow the lot
lines, such lot lines shall be construed to be the said boundaries.
3. Where district boundaries are indicated as approximately being parallel to a
drainage course or other prominent physical feature, such drainage course or other
prominent physical feature shall be construed to be said boundaries.
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ORDINANCE NO. 1425-5-96
4. Where district boundaries are so indicated that they are approximately parallel to
the center lines or right-of-way lines of streets or highways, such district boundaries
shall be construed as being parallel thereto and at such distance therefrom as
indicated on the Zoning Map. If no distance is given, such dimension shall be
determined by the use of the scale of said Zoning Map.
5. Where district boundaries are so indicated that they are approximately
perpendicular to the center line or right-of-way lines of streets, highways, or
drainage courses, such district boundaries shall be construed to be perpendicular
to said street, highways, or drainage courses.
6. If unsubdivided property, the district boundary lines on the Zoning Map shall be
determined by use of the scale appearing on the map.
7. In the case of a district boundary line dividing a lot into two (2) parts, the district
boundary line shall be construed to be the lot line nearest the district boundary line
as shown.
8. Whenever any street, alley or other public way is vacated by official action of the
City Council, the zoning district adjoining each side of such street, alley, or public
way shall be automatically extended to the center of such vacation and all area
included in the vacation shall then and henceforth be subject to all regulations of the
extended districts.
9. Where the streets or alleys on the ground differ from the streets or alleys as shown
on the Zoning Map, the streets or alleys on the ground shall control.
1.09 SCHEDULES AND ILLUSTRATIONS - Schedules and illustrations of use regulations, as
given in the Appendix to this Ordinance, together with all notations, references, and other
information shown thereon, and all amendments thereto, shall be as much a part of this
Ordinance as any specific requirements or regulations as are fully set forth and described
herein.
1.3
ORDINANCE NO. 1425-5-96
ARTICLE 2 - SPECIAL PROVISIONS
2.01 NEWLY ANNEXED TERRITORY - All territory hereafter annexed to the City of Allen shall
be temporarily classified as "A -O" Agricultural -Open Space District until permanent zoning
is established by the City Council of the City of Allen. The procedure for establishing
permanent zoning on annexed territory shall conform to the procedure established by law
for the adoption of original zoning regulations.
In an area temporarily classified as "A -O" Agricultural -Open Space District:
No person shall erect, construct or continue with the construction of any structure
or add to any structure or cause the same to be accomplished in any newly
annexed territory to the City of Allen without first obtaining a Building Permit or
Certificate of Occupancy from the Building Official.
2. No permit for the construction of a building or use of land shall be issued by the
Building Official other than a permit which will allow for the construction of a building
that is allowed in the "A -O" Agricultural -Open Space District.
3. The Planning and Zoning Commission may consider a zoning application and make
recommendation to the City Council for such application prior to annexation of the
subject property into the City of Allen. The City Council may act on the application
for permanent zoning and annexation simultaneously. The Planning and Zoning
Commission recommendation shall be valid for a period of up to 6 months only. At
the expiration of said 6 -month period, the recommendation is null and void.
2.02 PLATTING PROPERTY -The Planning and Zoning Commission of the City of Allen shall
not review any plat of any subdivision within the city limits of the City of Allen until the area
comprised by the proposed plat shall have been permanently zoned by the City Council of
the City of Allen.
The Planning and Zoning Commission of the City of Allen shall not review any plat of any
subdivision where a petition for annexation to the City of Allen is pending before the City
Council.
The Planning and Zoning Commission may consider a plat application for property that is
in the Extra Territorial Jurisdiction of the City of Allen.
2.03 CREATION OF BUILDING SITE - No permit for the construction of a building or buildings
upon any tract or plot shall be issued until a building site, building tract, or building lot has
been created by compliance with one of the following conditions:
The lot or tract is part of a plat of record that has been approved by the Planning &
Zoning Commission, and has been filed in the Plat Records of Collin County. Such
lot shall face upon a dedicated street, face a public access easement, or have some
frontage on a dedicated street.
2. The plot, tract, or lot faces a dedicated street and was separately owned prior to
the effective date of this Ordinance; or prior to annexation to the City of Allen,
whichever is applicable, in which event a Building Permit for only one main building
conforming to all the requirements of this Ordinance may be issued on each such
2.1
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ORDINANCE NO. 1425-5-96
original separately owned parcel without first complying with either 2.03(1) or
2.03(2).
2.04 COMPLETION OF BUILDINGS - These regulations shall not be construed as to require any
change in the building plans, construction, or designated use of any building which is
completed in its entirety within one year after the date of the passage of this ordinance,
provided such building was authorized by building permit before the passage of this
Ordinance and further provided that construction shall have commenced within ninety (90)
days after passage of this Ordinance.
Commitments made by the City with reference to construction of public utility buildings and
facilities necessary for the anticipated expansion of the City made prior to the passage of
this Ordinance shall be observed.
2.05 NONCONFORMING USES - A nonconforming status shall exist under the following
provisions of this Ordinance:
When a use or structure, which does not conform to the regulations prescribed in
the district in which such use or structure is located, was in existence and lawfully
operating prior to June 21, 1972, and has been in continual operation.
2. When on the effective date of this Ordinance, the use or structure was in existence
and lawfully constructed, located, and operating in accordance with the provision
of the prior Zoning Ordinance, or which was a nonconforming use thereunder, and
which use or structure does not currently conform to the regulations prescribed
herein for the district in which such use or structure is located.
3. When a use or structure which does not conform to the regulations prescribed in the
district in which such use or structure is located was in existence at the time of
annexation into the City of Allen and has since been in continuous operation.
4. That where single family or two family dwellings were constructed prior to the
effective date of this Ordinance, and which do not provide the required number of
off-street parking spaces as required in Section 3.03 of this Zoning Ordinance, such
single family or two family dwelling structures shall not be considered as
nonconforming structures. It is the intent of this ordinance to consider such
structures as conforming.
Any nonconforming use of land or structures may be continued for definite periods of time
subject to such regulations as the Board of Adjustment may require for immediate
preservation of the adjoining property prior to the ultimate removal of the nonconforming
use.
If a structure occupied by a nonconforming use is destroyed by fire, or elements
uncontrolled by man, it may only be rebuilt to conform to the provisions of this Ordinance.
In the case of partial destruction of a nonconforming use not exceeding fifty (50) percent
of its reasonable value, reconstruction will be permitted and the size or function of the
nonconforming use cannot be expanded. Exception: If a single family detached dwelling
located in the Central Business District and lawfully constructed and operating since and
prior to the effective date of this ordinance is destroyed up to one hundred percent (100%)
2.2
ORDINANCE NO. 1425-5-96
--I
by fire or elements uncontrolled by man, it may be wholly reconstructed for such use by
conforming to the provisions of all applicable codes and ordinances.
No nonconforming use may be expanded or increased beyond the lot or tract upon which
such nonconforming use is located as of the effective date of this Ordinance except to
provide off-street parking or off-street loading space upon approval of the Board of
Adjustment.
Whenever a nonconforming use is abandoned, all nonconforming rights shall cease and the
use of the premises shall be in conformance to this Ordinance. Abandonment shall involve
the intent of the user or owner to discontinue a nonconforming operation and the actual act
of discontinuance. Any nonconforming use which is discontinued for, or which remains
vacant for a period of six (6) months shall be considered to have been abandoned.
2.3
ORDINANCE NO. 1425-5-96
2.06 SPECIFIC USE PERMITS - Requests for Specific Use Permits for those uses indicated by
"S" in the Schedule of Uses shall utilize the criteria established in Section A or B. Requests
for Specific Use Permits for Private Clubs and Restaurant/Private Clubs shall utilize the
criteria specified in Section B. All other requests shall utilize the criteria specified in
Section A. The City Council by an affirmative vote may, after public hearing and proper
notice to all parties affected, in accordance with State law, and after recommendation from
the Planning and Zoning Commission that the use is in general conformance with the
Comprehensive Plan of the City, and containing such requirements and safeguards as are
necessary to protect adjoining property, authorize the granting of a Specific Use Permit.
A. Other than Private Clubs and Restaurant/Private Clubs
All applications for Specific Use Permits shall include the use to be
permitted and be accompanied by a site plan. Site Plans shall contain the
appropriate requirements as stated idn Section 2.09.
2. In recommending that a Specific Use Permit for the premises under
consideration be granted, the Planning and Zoning Commission shall
determine that such uses are compatible to adjacent buildings, structures,
or uses, and shall make recommendations as to requirements for direction
of drainage flow, adequate off-street parking, protective screening and open
space, heights of structures, and compatibility of building.
3. In granting a Specific Use Permit, the City Council may impose conditions
which shall be adhered to by the owner or grantee before a Certificate of
Occupancy may be issued by the Building Official.
4. The Board of Adjustment shall not have jurisdiction to hear, review, reverse,
or modify any decision, determination, or ruling with respect to the granting,
extension, revocation, modification or any other action taken relating to such
Specific Use Permit.
5. When the City Council authorizes granting of a Specific Use Permit, the
Zoning Map shall be amended according to its legend to indicate that the
affected area has conditional and limited uses, said amendment to indicate
the appropriate zoning district for the approved use and suffixed by an "S"
designation.
2.4
ORDINANCE NO. 1425-5-96
B. Private Clubs and Restaurant/Private Clubs:
Geographic Locations
a. Private Clubs must, and Restaurant/Private Clubs may, be located
between State Highway 121 and Ridgeview Drive, between Highway
75 and Watters Road, Corridor Commercial District, contiguous Light
Industrial or Office District of 30 or more acres, or in a country club.
b. Restaurant/Private Clubs may also be allowed in the following use
districts:
1. CBD (Central Business District)
2. CC (Corridor Commercial District)
3. SC (Shopping Center) at intersections of two major
thoroughfares whose right-of-way requirements are 80 feet
or more.
4. O (Office) District with contiguous 30 or more acres.
5. LI (Light Industrial), GI (General Industrial), or HI (Heavy
Industrial) District with contiguous 30 or more acres.
6. PD (Planned Development)
C. Private Clubs or Restaurant/Private Clubs must be located three
hundred (300) feet or more from any single family residentially zoned
district, the property line of a public or parochial school, or the front
door of any nonprofit or not for profit hospital or church. This
distance shall be measured by applicable state law measuring
standards.
2. Operational Regulations
a. A Private Club may provide inside service only with no drive-in, curb
service, drive-through service, or outdoor service, of any kind.
b. A Restaurant/Private Club may not provide drive-in, curb service or
drive-through service. Outside serving areas will be allowed. Any
outside serving area must be accessed through the main restaurant.
The City of Allen reserves the right to require appropriate screening
of outdoor dining areas to hinder the vision from adjacent uses.
C. Serving bars in Private Clubs or Restaurant/Private Clubs shall not
be visible to the outside public from the closest street right-of-way.
d. Any club or lounge room shall be designed such that patrons can
only enter from an area within the primary use; i.e., lobby, waiting
area, dining room, etc. Emergency exits direct to the outside are
permitted.
e. There shall be no exterior signs advertising the sale of alcoholic
beverages, provided this does not prohibit using established
trademark names; i.e., Steak and Ale.
2.5
ORDINANCE NO. 1425-5-96
3. Site Plan and Interior Design
a. A Site Plan shall accompany all applications for Private Clubs and
Restaurant/Private Clubs. Site Plans shall contain the appropriate
requirements as stated in Section 2.09.
b. A Private Club or Restaurant/Private Club shall submit a floor plan
including location of all waiting areas reflecting the kitchen, storage
and serving areas for all food and alcoholic beverages, and dance
floor.
C. The City may impose additional requirements over and above those
listed in this ordinance which the City Council determines, at the time
of granting the Specific Use Permit, are necessary to protect and .
provide for the health, safety, and general welfare of the community.
4. Food/Beverage Ratio
a. Revenues from the sale of alcoholic beverages in a
Restaurant/Private Club shall not exceed thirty (30) percent of the
gross revenues derived from the sale of food and beverages. In
hotels and motels, the gross receipt shall include all restaurant and
club operations in the facility, as well as room rental charges. The
City shall be provided with copies of appropriate reports submitted
to state agencies within thirty (30) days of the end of each quarter.
Also, any other information that may be required by the City to
determine the alcoholic beverage/food ratio shall be submitted within
thirty (30) days of the end of each quarter.
The City may audit the average of combined sales as reflected on
these reports for the last two quarters to determine if the sale of
alcohol exceeds the maximum allowed percentage specified for an
average of two consecutive quarters. The Restaurant/Private Club
shall have two more consecutive quarters to bring the average ratio
into compliance with City ordinances. If at the end of two additional
quarters, the ratio is still not in compliance with City ordinance, the
Council, after notification and hearing, may revoke the Specific Use
Permit.
2.6
ORDINANCE NO. 1425-5-96
2.07 TEMPORARY USES - The following temporary uses may be allowed under the conditions
and for the time specified upon proper application and review by the Director of Community
Development:
A temporary building may be used as a construction office if it is located within the
same subdivision, contains no living quarters, and provides for no uses not
incidental to construction on the premises. Such building shall be removed within
thirty (30) days following final acceptance of the construction by the City. Additional
temporary construction buildings and storage trailers can be allowed for
nonresidential subdivisions with the approval of the Director of Community
Development.
2. A temporary sales office can be located within the approved residential subdivision.
This office should be used for display purposes in order to enhance the sales of
residential structures within the said subdivision. No more than one (1) sales office
shall be allowed for any one builder in any subdivision, unless a model home park
is developed. Such temporary use shall be allowed for a period of one (1) year, with
extensions upon application and approval of six (6) months possible provided
the builder has unsold lots remaining in the subdivision, and the office
continues to be in use and properly maintained.
3. A temporary model home park may be allowed for the display and sales of
residential structures within the subdivision. A site plan shall be provided and shall
conform to the following requirements:
a. All temporary fencing shall be on private property.
b. All City walks shall be installed.
C. Temporary fencing shall include openings for fire access or, if gated, shall
be constructed with Fire Department approved locks.
d. All temporary walks and parking lots shall be shown on the site plan.
e. All evidence of the temporary facilities shall be removed upon expiration of
the permit and prior to a request for conversion of the Certificate of
Occupancy to a single family use.
4. Temporary uses of a religious or philanthropic nature by those organizations not
normally conducting business for profit may be allowed for the period of their actual
duration up to a maximum of forty-five (45) days, except that one (1) extension of
up to forty-five (45) days may be possible upon application and approval.
5. Temporary sales of seasonal products such as firewood, cut trees, plants, fruits and
vegetables, and the like may be allowed during their normal and generally accepted
season for a period of up to forty-five (45) days, except that one (1) extension of up
to forty-five (45) days may be possible upon application and approval. Such uses
shall not be allowed except on private commercial or retail property with written
approval of the owners of the property.
2.7
ORDINANCE NO. 1425-5-96
6. Carnival, circus, fairgrounds, parking lot sales, sporting events, political rallies and
the like may be allowed, provided the use conforms to all other codes and standards
established by this and other ordinances, and may be allowed for a period not to
exceed thirty (30) days.
7. The Director of Community Development, shall consider the nature of the use;
existing uses in surrounding areas; noise, dust, light, and traffic generated by the
proposed use; health and sanitary conditions; and compliance with other regulations
within this ordinance or other City ordinances. The Director of Community
Development shall have the right to revoke any temporary use at any time or to
deny any extension upon finding that a hazard or nuisance shall exist by continuing
such use; after which revocation or denial such temporary use shall immediately
cease and shall be removed within ten (10) days of notification of such finding.
8. Such uses as allowed under the Schedule of Uses section of this Ordinance.
2.8
ORDINANCE NO. 1425-5-96
2.08 NEW AND UNLISTED USES - It is recognized that new types of land use will develop and
forms of land use not anticipated may seek to locate in the City of Allen. In order to provide
for such changes and contingencies, a determination as to the appropriate classification of
any new or unlisted form of land use shall be made as follows:
The Director of Community Development shall refer the question of any new or
unlisted use to the Planning and Zoning Commission requesting an interpretation
as to the zoning classification into which such use should be placed. The referral
of the use interpretation question shall be accompanied by a Statement of Facts
listing the nature of the use and whether it involves inhabitation, sales, processing,
type of product, storage, and amount or nature thereof, enclosed or open storage,
anticipated employment, transportation requirements, traffic generation, the amount
of noise, odor, fumes, dust, toxic material and vibration likely to be generated and
the general requirements for public utilities such as water and sanitary sewer.
2. The Planning and Zoning Commission shall consider the nature and described
performance of the proposed use and its compatibility with the uses permitted in the
various districts and determine the zoning district or districts where such use should
be permitted.
3. The Planning and Zoning Commission shall transmit its findings and
recommendations to the City Council as to the classification proposed for any new
or unlisted use. The City Council shall by resolution approve, modify, or deny the
recommendation of the Planning and Zoning Commission.
W%
ORDINANCE NO. 1425-5-96
2.09 SITE PLAN APPROVAL - Approval of a Site Plan or Development Plan shall be required
by the Planning and Zoning Commission and City Council for all developments involving a
Specific Use Permit, or any development which in the opinion of the Director of Community
Development requires the review of the Planning and Zoning Commission and City Council.
Site or Development Plans submitted for a specific use permit shall become a permanent
part of the Zoning Regulations for the proposed development, and any Site Plan or any
significant change to a Site Plan already approved shall be considered as an amendment
to this Zoning Ordinance.
A Site or Development Plan shall contain the following elements:
SHEET FORMAT
A. Four (4) copies, 24" x 36" sheet (match lines are acceptable)
Fifteen (15) 11" x 17" blacklines
Computer Disk - One (1) copy of the site plan may be required on
nonreturnable floppy disk in a .DWG or .DXF format, or such format as
needed by the City.
B. North arrow.
C. Vicinity Map
D. Scale, 1" = 20' preferred; scale as appropriate to project size
E. Title Block including legal name, project name, address
II. INFORMATION ON PLAN
A. Zoning; list special conditions
B. Setbacks as required by zoning
C. Building/parking summary
1. Lot area (acreage and square footage)
2. Building square footage (for each floor)
3. Parking ratio
4. Parking required (bldg. area divided by parking ratio for the
appropriate use)
5. Parking provided
6. Landscape percentage and square footage
7. Floor Area Ratio (FAR) (building square footage divided by land
square footage)
8. Building height (stories and feet)
D. Owner's name, address, and phone number
E. Design firm, contact person, address, and phone number
2.10
ORDINANCE NO. 1425-5-96
Ill. SITE FORMAT
A. Dimension Control
1. Property lines and distances
2. Dimensions of all buildings
3. Distances of all buildings to property lines
4. Radii for fire lanes
B. Utilities
1. All Existing Easements (use dashed lines and labels)
C. Paving Layout
1.
Face of curb shall be a minimum 2' from all property lines to allow for
vehicle overhang
2.
22' fire lane - 30' interior radii
3.
24' fire lane - 20' interior radii
4.
30' fire lane - 10' interior radii
5.
Public streets, private drives and fire lanes with pavement widths,
right-of-way, median openings, turn lanes (including storage and
transition space), and driveways (including those on adjacent
property) with dimensions, radii, surface type, and distances
between driveways.
6.
Parking areas and structures, including the number and layout of
standard spaces, handicap spaces, the location of ramps,
crosswalks and loading areas with typical dimensions and surface
type.
7.
No dead end parking
8.
At major driveways, no perpendicular traffic aisles interior to the
parking lot are recommended within 78' of the property line adjacent
to an arterial street
9.
Graphically indicate and label curb line
10.
Concrete sidewalks within the right-of-way
D. Fire Protection
All parts of the building(s) - (as fire hose lays)
a. Nonresidential
1. Within 150' of dedicated fire lane or street
2. Within 300' of two fire hydrants
b. Multi -family
1. Within 300' of two fire hydrants
2. Hydrants
a. Every 300' along the street for nonresidential districts
b. Every 300' along the street for multi -family districts
C. Every 500' along the street for residential districts
d. Within 100' of Fire Department connection (FDC)
e. 2'6" back of curb from a dedicated street or fire lane
3. Minimum of 14' high vertical clearance in the fire lane.
2.11
ORDINANCE NO. 1425-5-96
E. Sanitation
1. Dumpster and trash compactor locations and screening. Dumpster
location must allow a 40 -foot unobstructed approach with a 900
turning radius, and shall be screened in conformance with Section
3.07 of this ordinance.
F. Location of Off-site Improvements
1. Adjajcent drives
2. Existing and proposed median cuts
3. Parking, buildings or other structures within 50' of subject property
G. Miscellaneous
1. Indicate adjacent property -
a. Subdivision name
b. Property lines
C. Zoning
H. Variances
1. Any variances to the existing ordinances must be noted on the site
plan
IV. Building Elevation Requirements for New Construction or Existing Facility where
Facade is being Altered
A. Elevations facing roadways
B. Scale to accurately represent the intended appearance
C. Exterior construction materials should be identified
It shall be unlawful to issue a building permit prior to the recommendation by the Planning
and Zoning Commission and approval of the Site Plan by the City Council. No building
permit shall be issued except in conformity with the approved Site Plan, including all
conditions of approval.
The Planning and Zoning Commission is authorized to request the applicant to submit a
landscape plan, with proposed landscape materials, and further authorized to withhold
action on the Site Plan until the submission of the landscape plan.
For the purpose of assisting in -process planning, a Preliminary Site Plan may be submitted
for Planning and Zoning Commission consideration. Such Preliminary Site Plan may
contain any or all of the Site Plan requirements and must be drawn to scale, submitted in
adequate quantity and titled "Preliminary Site Plan." The approval of a Preliminary Site
Plan will not imply approval of all elements of a Site Plan. It shall be unlawful to issue any
building permit on a "Preliminary Site Plan."
2.12
ORDINANCE NO. 1425-5-96
2.10 DEFINITIONS - For the purpose of this Ordinance, certain words and terms are hereby
defined. Words used in the singular shall include the plural and the plural include the
singular, the word "shall' is mandatory and not discretionary, the word "building" shall
include the word "structure," the word "lot" shall include the word "plot," and the term "used
for" shall include the meaning "designed for" or "intended for." Additional definitions shall
be made in accordance with 2.08. Such words and terms are as follows:
Accessory Building or Use - An "accessory building or use" is one which: (a) is
subordinate to and serves a principal building or principal use; and (b) is
subordinate in area, extent, or purpose to the principal building or principal use
served; and (c) contributes to the comfort, convenience and necessity of occupants
of the principal building or principal use served; and (d) is located on the same
building lot as the principal use served.
a. Accessory Building, Attached - An integral portion of a main structure
devoted to uses incidental and accessory to the main use, such as an
attached garage, storage area or carport.
b. Accessory Building. Detached - A free standing structure designed and used
for functions incidental and accessory to the main use, such as a garden
shelter, separate garage or storage house.
C. Accessory Building (Agricultural) - The usual barns, sheds, stalls and
structures for housing livestock or poultry or storing farm products or feed.
d. Accessory Building or Use. Business or Industrial - A subordinate building,
limited in height to not over the height of the main building and used for a
purpose directly accessory and incidental to the main use such as, but not
limited to, a mechanical building for power, heat or air conditioning or for
laundry or storage purposes.
e. Accessory Building (Residential) - In a residential district, a subordinate
building or structure, attached or detached not containing a kitchen and/or
living quarters and used for a purpose customarily incidental to the main
structure such as a private garage for automobile storage, tool house, lath
or greenhouse as a hobby (no business), home workshop, storage house,
garden shelter or swimming pool, but not involving the conduct of a
business.
Accessory Use (Retail and Service) - Retail or service uses, such as
pharmacy, newsstand, dining room, barber or beauty shop located within an
office high rise apartment or similar structure where such retail or service
use is incidental to the primary use and designed and arranged to serve the
primary use.
2. Airport or Landing Field - An area improved for the landing or take -off of aircraft
approved by the City of Allen for operation as an aircraft landing facility.
3. AIlev - A public space or thoroughfare which affords only secondary means of
access to property abutting thereon.
2.13
ORDINANCE NO. 1425-5-96
4. Amusement. Commercial (Indoors - An amusement enterprise wholly enclosed in
a building which is treated acoustically so that noise generated by the enterprise is
not perceptible at the bounding property line and including, but not limited to, a
bowling alley or billiard parlor.
5. Amusement. Commercial (outdoors - Any amusement enterprise offering
entertainment or games of skill to the general public for a fee or charge wherein any
portion of the activity takes place in the open including, but not limited to a golf
driving range, archery range, and miniature golf course.
6. Antique Shop - An establishment offering for sale, within a building, articles such as
glass, china, furniture or similar furnishing and decorations which have value and
significance as a result of age, design and sentiment.
7. Area of the Lot - The area of the lot shall be the net area of the lot and shall not
include portions of streets and alleys.
8. Auto Glass, Muffler, Brake, Tire. Batteries - Any building, premises, and land in
which or upon which a business, service, or industry involving the sale, installation,
or repair of auto glass, mufflers, brakes, tires, or batteries is rendered. Outside
storage will be allowed I n the rear yard only and must be screened from view.
9. Auto Laundry - An "auto laundry" is a building, or portion thereof containing facilities
for washing automobiles using automated methods including chain conveyor,
blower, steam cleaning device or other mechanical devices. A self-service type of
car wash is an auto laundry.
10. Auto Painting or Body Shop - Any building, premises, and land in which or upon
which a business, service, or industry involving the painting or restoration of
vehicles is rendered. Outside storage will be allowed in the rear yard only and
must be screened from view. All requirements of the Allen Fire Code shall be
adhered to.
11. Awning - A roof -like cover that is temporary in nature and that projects from the
wall of a building for the purpose of shielding a doorway or window from the
elements.
12. Basement - A building story which is partly under ground, but having at least
one-half of its height above the average level of the adjoining ground. A basement
shall be counted as a story in computing building height.
13. Block - An area enclosed by streets and occupied by or intended for buildings; or
if said word is used as a term of measurement, it shall mean the distance along a
side of a street between the nearest two streets which intersect said street.
14. Board - Zoning Board of Adjustment as provided for in Section 4.04.
2.14
ORDINANCE NO. 1425-5-96
15. Boarding House or Rooming House - A dwelling or part thereof in which lodging is
provided by the owner or operator to more than three (3) boarders. The difference
between a boarding home and a motel is that a motel or hotel is licensed by the
municipality and/or the State to accept transients.
16. Build - The word "build" means to erect, convert, enlarge, reconstruct, or alter a
building or structure.
17. Buildable Area - The "buildable area" of a building site is the area of the building site
to be built upon after any flood plain, easements, yards, and other unbuildable areas
are deducted.
18. Building - Any structure built for the support, shelter and enclosure of persons,
animals, chattels, or movable property of any kind. When subdivided in a manner
sufficient to prevent the spread of fire, each portion so subdivided may be deemed
a separate building.
a. Building. Detached -A "detached building" is a building surrounded by yards
or open space on the same building lot.
b. Building. Mixed - A "mixed building" is a building used partly for residential
use and partly for community facility and/or commercial use. A mixed
building is a commercial use.
C. Building. Principal - A "principal building" is a building in which the principal
use of the lot, on which it is located, is conducted. All residential uses,
except bona fide servants' quarters, are principal uses.
d. Building. Residential - A "residential building" is a building which is arranged,
designed, used, or intended to be used for residential occupancy by one or
more families or lodgers, but not to include apartments.
19. Building Ends - Those sides of a building having the least dimensions as compared
to the front or rear of a building. As used herein for the building spacing regulations
for multi -family dwelling, a building end shall be interpreted as being the most
narrow side of a building regardless of whether it fronts upon a street, faces the rear
of the lot, or is adjacent to the side lot line or another building.
20. Building Official - The Administrative Official charged with the responsibility of
issuing permits and enforcing the zoning and building ordinances.
21. Building Site - A "Building Site" is a single tract of land located within a single block
which (at time of filing for a building permit) is designed by its owner or developer
as a tract to be used, developed, or built upon as a unit, under single ownership or
control. It shall front upon a street or approved place. Therefore, a "building site"
may not coincide with a lot of record. A "building site" may be subsequently
subdivided into two or more "building sites," and a number of "building sites" may
be cumulated into one "building site," subject to the provisions of this Ordinance and
the Subdivision Ordinance.
2.15
ORDINANCE NO. 1425-5-96
22. Caretaker or Guard Residence - Dwelling facilities located on a premises occupied
by a permitted main use for the housing of persons and their families who are
employed on the premises as guards, caretakers or in similar custodial capacity.
23. Carport - A carport is defined as a structure open on a minimum of three (3) sides
designed or used to shelter vehicles.
24. Cellar - A building which is more than fifty percent below ground and not considered
a story for building height purposes.
25. Certificate of Occupancy - An official certificate issued by the City through the
enforcing official which indicates conformance with or approved conditional waiver
from the zoning regulations and authorizes legal use of the premises for which it is
issued.
26. Church or Rectory - A place of worship and religious training of recognized religions
including the on-site housing of ministers, rabbis, priests, nuns and similar staff
personnel.
27. CUt - The City of Allen, Texas.
28. City Council - The governing and legislative body of the City of Allen, Texas.
29. City Manager - The Chief Administrative Officer of the City of Allen, Texas.
30. Clinic - A group of offices for one or more physicians, surgeons or dentists to treat
sick or injured out-patients who do not remain overnight.
31. College or University - An academic institution of higher learning accredited or
recognized by the State offering a program or series of programs of academic
study.
32. Commission - The Planning and Zoning Commission of the City of Allen, Texas.
33. Community Center (Public) - A building and grounds owned and operated by a
governmental body for the social, recreational, health or welfare of the community
served.
34. Condominium - A building, or group of buildings, in which units are owned
individually, and the structure, common areas, and facilities, are owned by all the
owners on a proportional, undivided, basis.
35. Contractor's Shop - A facility providing office and administrative space, fabrication,
and storage areas for materials, tools, and equipment typically related to
construction activity. No outside storage will be allowed.
36. Contractor's Yard - A facility providing office and administrative space, fabrication,
and storage areas for materials, tools, and equipment typically related to
construction activity. Outside storage must be screened from view.
2.16
ORDINANCE NO. 1425-5-96
37. Convalescent Home - Any structure used for or customarily occupied by persons
recovering from illness or suffering from infirmities of age.
38. Country Club - An area of twenty-five (25) acres or more containing a golf course
and clubhouse which is available to a specific recorded membership. Such a club
may include as adjunct facilities, a dining room, private club, swimming pool,
cabanas, tennis courts and similar service and recreational facilities for the
members.
39. Court - An open, unoccupied space, bounded on more than two sides by the walls
of a building. An inner court is a court entirely surrounded by the exterior walls of
a building. An outer court is a court having one side open to a street, alley, yard or
other permanent space.
40. Coverage - The percent of a lot or tract covered by the roof or first floor of a
building. Roof eaves extending three (3) feet or less from the walls of a building
shall be excluded from coverage computations.
41. Day Care -
a. For Children - A commercial facility licensed by the Texas Department of
Protective and Regulatory Sservices (TDPRS) and may be titled a Nursery
School, Kindergarten, Child Development Center, Day Care Center, Private
School, etc., which provides care for less than 24 hours a day for more than
13 children under age 14.
b. For Disabled and/or Elderly - A facility arranged and conducted for the
organized care of the disabled and/or elderly on a daytime basis with no
overnight care.
42. Development, or to Develop - A "development" includes the construction of a new
building or any structure on a building lot, the relocation of an existing building on
another building lot, the relocation of an existing building on another building create
a development.
43. Development Plan - A land plan illustrating the arrangement and correlation of street
patterns within and immediately adjacent to the subdivision, school sites, park sites,
tree cover, waterways, and any other community facilities.
44. District - A "district" is a zoning district which is a part of the City wherein regulation
of this Ordinance is uniform.
45. Dwelling - A "dwelling" is a building or portion thereof designed and used exclusively
for residential occupancy, including one -family dwellings, two-family dwellings, and
multi -family dwellings, but not including hotels, motels or lodging houses.
a. Dwelling. Attached - An "attached dwelling" is one which is joined to another
dwelling at one or more sides by a party wall or walls.
b. Dwelling. Detached - A "detached dwelling" is one which is entirely
surrounded by open space on the same building lot.
2.17
ORDINANCE NO. 1425-5-96
C. Dwelling. Multi -family - A "multi -family dwelling is a building or portion
thereof constructed for and/or occupied by three or more families and
containing three or more dwelling units located upon the same building lot,
or a building constructed with at least one dwelling unit above another
dwelling unit.
d. Dwelling. Single-family - A single-family dwelling" is a building containing
only one dwelling unit and/or occupied by only one family.
e. Dwelling. Two-family - A "two-family dwelling" is a building containing two
dwelling units and/or occupied by two families. A duplex is a two-family
dwelling.
46. Dwelling Unit - One or more rooms, designed, occupied, or intended for occupancy
as separate living quarters, with cooking, sleeping, and sanitary facilities provided
within the dwelling unit for the exclusive use of a single family maintaining a
household.
47. Exterminator - An establishment engaged in the eradication of insects and/or
rodents. The office and administrative portion of the business shall be considered
retail, and/or office. Any storage and/or mixture of chemicals must comply with all
regulations of the Allen Fire Code. No outside storage or display is allowed.
48. Family - Any number of individuals living together as a single housekeeping unit, in
which not more than four (4) individuals are unrelated by blood, marriage, or
adoption.
49. Field Office (Temporary) - A structure or shelter used in connection with a
development or building project for on-site temporary administrative and supervisory
functions and for sheltering employees and equipment and subject to a temporary
permit issued by the Building Official and subject to discontinuance at the order of
the Building Official.
50. Floor Area - The total square feet of floor space within the out side dimensions of
a building including each floor level, but excluding cellars, carports or garages.
51. Floor Area Ratio (FAR) - The ratio between the total square feet of floor area in a
structure and the total square feet of land in the tract on which the structure is
located.
52. Food Processing (Light) - Characterized as the processing of food products for the
purpose of distribution, business lunches, sandwich preparation, pecan and nut
packaging, and the like. It is characterized by the lack of noxious odors.
53. Food Processing ftvy) - Characterized by the processing of food products such
as canneries, meat and vegetable preparation, and general food packaging for
human or animal consumption. Although considered a heavier intense use than
light food processing, it is still subject to the City's performance standards.
2.18
ORDINANCE NO. 1425-5-96
54. Fraternal Organization. Lodge or Civic Club - A society or association organized for
the pursuit of some common objective by working together in a brotherly union.
These organizations are not automatically a private club, but may also be a private
club.
55. Garage, Auto Repair - An "auto repair garage" is a building or portion thereof whose
principal use is for the repair, servicing, equipping, or maintenance of motor vehicles
or motor vehicle components, including engines, radiators, starters, transmissions,
brakes, tires and wheels, seats, and similar components.
56. Garage. Private - A "private garage" is an accessory building designed or used for
the storage of motor vehicles owned and used by the occupants of the building to
which it is accessory.
57. Garage. Public - A "public garage" is a building or portion thereof, other than a
private or storage garage, designed or used for storing motor vehicles for a fee.
58. Garage Sale - Occasional sales on residential premises, not to exceed two (2) in
number on the same property in any one calendar year, provided that: 1)
merchandise is not acquired solely for the purpose of resale on the premises; 2) the
duration of sale shall not exceed three (3) consecutive calendar days; 3) signage
for which shall be in conformance with the Sign Regulations Ordinance.
59. Golf Course (Commercial) - A golf course constructed by a private individual or
group and operated as a commercial enterprise other than a driving range,
miniature golf or similar golf oriented commercial amusement.
60. Golf Course (Public) - A golf course owned and operated by the City of Allen for the
use, benefit and enjoyment of the citizens, or by some other public agency such as
the State or County.
61. Gun and Accessory Shop - An establishment that is primarily engaged in the sale
of new guns and accessories. The majority of all sales must consist of new
merchandise. The establishment cannot loan money to the general public on any
merchandise, nor can such merchandise be held as collateral by the establishment
for any purpose, as is practiced in a pawn shop.
62. Gymnastics Training Center - A Gymnastics Training Center provides training and
exercise in the proper conditioning and preparation for the sport of gymnastics,
which includes, but is not limited to, the standard Olympic events as defined by the
United States Gymnastics Federation.
63. Health Service - A "health service" is a charitable or government operated facility
offering to the public medical examinations, diagnosis and limited treatment not for
profit.
64. Height - The vertical distance of a building measured from the average established
grade at the street line or from the average natural front yard ground level,
whichever is higher, to (1) the highest point of the roofs surface if a flat surface, (2)
to the deck line of mansard roofs, or (3) to the mean height level between eaves
and ridge for hip and gable roofs and, in any event, excluding chimneys, cooling
2.19
ORDINANCE NO. 1425-5-96
towers, elevator bulkheads, penthouse, tanks, water towers, radio towers,
ornamental cupolas, domes and spires, and parapet walls not exceeding ten (10)
feet in height. If the street grade has not been officially established, the average
front yard grade shall be used for a base level.
65. Heliport - A landing facility for rotary wing aircraft subject to regularly scheduled use
and may include fueling or servicing facilities for such craft.
66. Heljstop - A landing pad for occasional and infrequent use by rotary wing aircraft.
No on-site servicing of or fueling and not for regularly scheduled stops.
Helistop, temporary - A landing pad where the use is not to exceed three (3) days,
with no more than three (3) stops per day.
67. Home Occupation - A "home occupation" is an occupation that is incidental and
secondary to the primary use of the premises as a residence, and customarily
conducted in a residential dwelling unit by a member of the residence, entirely within
the main structure, provided such use is not detrimental to the public health or
injurious to the economic and aesthetic value of the property, adjoining property,
and neighborhood.
68. Hospital - A "hospital' is a legally authorized institution in which there are complete
facilities for diagnosis, treatment, surgery, laboratory, x-ray, and the prolonged care
of bed patients. Clinics may have some but not all of these facilities.
69. Hotel or Motel - A building or group of buildings designed and occupied as a
temporary abiding place of individuals. To be classified as a hotel or motel, an
establishment shall contain a minimum of twelve (12) individual guest rooms or units
and shall furnish customary hotel services such as linen, maid service, telephone,
use and upkeep of furniture.
70. Junk or Salvage Yard - A "junk or salvage yard" is a lot upon which waste or scrap
materials are bought, sold, exchanged, stored, packed, disassembled, or handled,
including but not limited to scrap iron and other metals, paper, rags, rubber tires and
bottles. A "junk yard" includes an automobile wrecking yard and automobile parts
yard. A 'junk yard" does not include such uses conducted entirely within an
enclosed building. Screening is required along any property line.
71. Kennel - An establishment in which dogs or domesticated animals are housed,
groomed, bred, boarded, trained or sold, including outside runs.
72. Laboratories (Dentall - Any place where a person would perform the duties of a
Dental Technician as defined in Article 455.1.f Section 1 of the Texas Dental
Practice Act.
73. Laboratories (BIO Safety Level 2. OSHA Standards) - A facility in which work is
done with the broad spectrum of indigenous moderate -risk agents present in the
community and associated with human disease of varying severity.
2.20
ORDINANCE NO. 1425-5-96
74. Laboratories (BIO Safety Level 3. OSHA Standards) - A facility in which work is
done with indigenous or exotic agents where the potential for infection by aerosols
is real and the disease may have serious or lethal consequences.
75. Laboratories. Scientific (BIO Safety Level 4. OSHA Standards) - A facility in which
work is done with dangerous and exotic agents which pose a high individual risk of
life-threatening disease.
76. Lawn Equipment Sales and Repair - An establishment primarily engaged in the sale
and repair of new and used merchandise. Engine noise is to be contained within
the structure. No outside storage is allowed.
77. Legal Height - The maximum height of a building permitted by any airport zoning
ordinance or other ordinance restricting the height of structures.
78. Livestock Auction - Barns, pens and sheds for the temporary holding and sale of
livestock.
79. Loading Space - A space within the main building or on the same lot therewith,
providing for the standing, loading or unloading of trucks, together with access and
maneuvering areas provided on the same building lot as the principal use for which
the loading space is intended.
80. Local Utility Line - The facilities provided by a municipality or a franchised utility
company for the distribution or collection of gas, water, surface drainage water,
electric power or communication service.
81. Lot - Land occupied or to be occupied by a building and its accessory buildings, and
including such open spaces as are required under this Ordinance and having its
principal frontage upon a public street or officially approved place.
a. Lot Area - The 'lot area" is the area of a horizontal plane intercepted by the
vertical projections of the front, side, and rear lot lines of a building lot.
b. Lot Area per Dwelling Unit - "Lot area per dwelling unit" is the lot area
required for each dwelling unit located on a building lot.
C. Lot. Corner - A "corner lot" is a building lot situated at the intersection of two
streets, the interior angle of such intersection not to exceed 135 degrees.
d. Lot Coverage - The percentage of the total area of a lot occupied by the
base (first story or floor) of buildings located on the lot or the area
determined as the maximum cross sectional area of a building.
e. Lot Depth - "Lot Depth" is the mean horizontal distance between the front
lot line and the rear lot line of a building lot measured at the respective
mid -points of the front lot line and rear lot line within the lot boundary.
Lot. Interior - An "interior lot" is a building lot other than a corner lot.
g. Lot Line - A 'lot line" is a boundary of a building lot.
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ORDINANCE NO. 1425-5-96
h. Lot Line. Front - A "front lot line" is that boundary of a building lot which is
the line of an existing or dedicated street. Upon corner lots either street line
may be selected as the front lot line providing a front and rear yard are
provided adjacent and opposite, respectively, to the front lot line.
Lot Line. Side - A "side lot line" is that boundary of a building lot which is not
a front lot line or a rear lot line.
j. Lot Line. Rear - The "rear lot line" is that boundary of a building lot which is
most distant from and is, or is most nearly, parallel to the front lot line.
k. Lot of Record - A 'lot of record" is an area of land designated as a lot on a
plat of a subdivision recorded, pursuant to statutes of the State of Texas,
with the County Clerk of Collin County, Texas, or an area of land held in
single ownership described by metes and bounds upon a deed recorded or
registered with the County Clerk.
Lot Width - The width of a lot at the front building line. Measurements on
irregularly-shaped lots to be taken in a straight line from a point where the
front building line crosses the side property lines (See appendix illustration
1).
82. Main Building - The building or buildings on a lot which are occupied by the primary
use.
83. Manufacturing (Light) - The manufacturing, fabrication, transformation, or assembly
of products, provided they do not involve the generation of objectionable noise,
odor, vibration, and dust or hazard.
84. Manufacturing (Heav) -
Establishments engaged in the mechanical or chemical transformation of materials
or substances into new products, including the assembling of component parts, the
manufacturing of products, and the blending of materials such as lubricating oils,
plastics and resins. Manufacturing production usually is carried on for the
wholesale market rather than for direct sales.
85. Mobile Home Dwelling - A dwelling unit designed as a house trailer or mobile home
which is made immobile and used as a temporary or permanent dwelling or as part
of a permanent dwelling, but not including pickup campers or travel trailers used
temporarily for camping or outings.
86. Mobile Home Park - A tract of land designed or being used to accommodate one
or more transient portable dwelling units designed to be moved on wheels from
location to location by automobile, truck or similar prime mover.
87. Mobile Home Subdivision - A tract of land subdivided into lots which are designed
as permanent sites for mobile or relocatable homes and which are served by
separate utilities, dedicated street access on a legally filed plat and, are capable of
being conveyed as separate lots.
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ORDINANCE NO. 1425-5-96
88. Motorcycle Sales and Repair. Including Personal Watercraft (Indoor) - An
establishment primarily engaged in the sale and repair of new and used
merchandise.
89. Museum. Library or Art Gallery (Public) - An institution for the collection, display
and distribution of books, objects of art or science, and which is sponsored by a
public or quasi -public agency and which facilities are open to the general public.
90. Nonconforming Use - A building, structure or use of land lawfully occupied at the
time of the effective date of this Ordinance or amendments thereto, or which was
subsequently annexed to the City and which does not conform to the use
regulations of the district in which it is situated.
91. Nursing Home- An extended, long-term, or immediate care facility licensed or
approved to provide full-time convalescent or chronic care to individuals who, by
reason of advanced age, chronic illness or infirmity, are unable to care for
themselves.
92. Noxious Matter - "Noxious matter" is a material which is capable of causing injury
to living organisms by chemical reaction or is capable of causing detrimental effects
upon the physical or economic well-being or comfort of humans.
93. Occupancy - The use or intended use of the land or buildings by proprietors or
tenants.
94. Off-street Parking - Off-street parking spaces provided in accordance with the
requirements specified by this Ordinance and located on the lot or tract occupied
by the main use.
95. Office-Showroom/Warehouse - An establishment with a minimum of 75% of its total
floor area devoted to storage and warehousing but not accessible to the general
public. The remaining area may include retail and wholesale sales areas, sales
offices, and display areas for products sold and distributed from the storage and
warehousing areas.
96. Open Area - "Open Area" is that part of a building lot, including courts or yards,
which:
(a) Is open and unobstructed from its lowest level to the sky, and
(b) Is accessible to all residents upon a building lot, and
(c) Is not part of the roof of that portion of the building containing dwelling units.
97. Open Space - Open Space is an area or tract of undeveloped land which is
intended to remain generally in its natural state, except for those uses allowed
under the provisions of this Ordinance.
98. Open Storage - "Open storage" is the storage of any equipment, machinery,
commodities, raw, semi -finished materials, and building materials, not accessory to
2.23
ORDINANCE NO. 1425-5-96
a residential use, which is visible from any point on the building lot line when viewed
from ground level to six feet above ground level.
99. Outdoor Produce Market - A business which sells fresh fruit, vegetables, small
plants, flowers, and related perishable food products. Restrictions would be: 1) no
trees, shrubs, or other large vegetation is to be sold; 2) outdoor sales display shall
only be allowed during business operating hours; 3) permanent outdoor storage
shall only be allowed if suitably screened from view from all directions (screening
shall meet all City of Allen standards; 4) permanent outdoor storage shall not be
allowed in the front half of the property; 5) outdoor products shall be displayed only
under a permanent, approved, roof structure, conforming with the City's building
codes, during the hours of operation.
100. Park or Playground (Public) - An open recreation facility or park owned and
operated by a public agency such as the Municipal Park Department or School
Board and available to the general public.
101. Parking Lot or Structure (Commercial) - An area or structure devoted to the parking
or storage of automobiles for a fee. May include, in the case of a parking structure
only, a facility for servicing of automobiles provided such facility is primarily an
internal function for use only by automobiles occupying the structure and creates
no special problems of ingress or egress.
102. Parking Lot. Truck - Any area, used for the parking or storage of trucks or trailers
larger than 3/4 ton in size.
103. Parking Space - An enclosed or unenclosed all-weather surfaced area of not less
than one hundred sixty-two (162) feet (measuring approximately 9 feet by 18 feet)
not on a public street or alley, together with an all-weather surfaced driveway
connecting the area with a street or alley permitting free ingress and egress without
encroachment on the street or alley. Any parking adjacent to a public street
wherein the maneuvering is done on the public street shall not be classified as
off-street parking in computing the public area requirements for any use.
104. Performance Standards - Those standards or criteria by which qualitative and
quantitative measures are derived for the regulation of industrial uses and activities.
The following definitions are applicable to Performance Standards:
a. Atmosphere - The air that envelops or surrounds the earth. Where air
contaminants are emitted into a building not designed specifically as air
pollution control equipment, such emission into the building shall be
considered emission into the atmosphere.
b. Atmospheric Pollution - The discharging from stacks, open storage,
chimneys, exhausts, vents, ducts, openings, or open fires of such air
contaminants as visible emissions, sulphur dioxide, particulate matter,
hydrocarbons, fumes or similar material or gases.
C. Background Noise - Noise from all sources other than that under specific
consideration including traffic operating on public thorough fares.
2.24
ORDINANCE NO. 1425-5-96
d. Combustion - The rapid exothermic reaction of any material with oxygen.
e. Decibel - A unit of measurement of sound pressure.
Emission - The act of passing into the atmosphere an air contaminant or a
gas stream which contains or may contain an air contaminant or the material
so passed into the atmosphere.
g. Emission Point - The location (place in horizontal plane and vertical
elevation) at which an emission enters the atmosphere.
h. Exhaust Gas Volume - The total volume of gas emitted from an emission
point.
Frequency - The number of times per second a vibration or sound wave
oscillates.
j. Octave Band - A term denoting all the frequencies between any given
frequency and double that frequency.
k. Octave Band Filter - An electrical frequency analyzer designed according to
the standards formulated by the American Standards Association and used
in conjunction with a sound level meter to take measurements in specific
octave intervals.
Odor Threshold - The concentration of odorous matter in the atmosphere
necessary to be perceptible to the olfactory nerve of a normal person.
Determination of the Odor Threshold is prescribed by A.S.T.M.D. 1391-57,
Standard Method for Measuring Odor in Atmosphere.
M. Operation - Any physical action resulting in a change in the location, form
of physical properties of a material, or any chemical action resulting in a
change in the chemical composition or chemical or physical properties of a
material. The following are given as samples, without limitation of the
generality of the foregoing: heat transfer, calcination, double decomposition
fermentation, pyrolysis, electrolysis, combustion material handling,
evaporation mixing, absorption, filtration, fluidization, screening, crushing,
grinding, demolishing, shoveling, bagging, etc.
n. Particulate Matter - Any material, except uncombined water, which exists in
a finely divided form as a liquid or solid at standard conditions when
released into the atmosphere.
o. Person or Operation - Any person, firm, association, organization,
partnership, business, trust, corporation, company, contractor, supplier,
installer, user, or owner or any state or local governmental agency or public
district or any officer or employee thereof. It includes the owner, lessor,
lessee, tenant, licensee, manager and operator, or any of such, of any
emission point or any source operation which may constitute a source of
atmospheric pollution related thereto, or any interest in such emission point
or operation source.
2.25
ORDINANCE NO. 1425-5-96
P. Smoke - The visible discharge of particulate matter from a chimney, vent,
exhaust or combustion process.
q. Toxic and Noxious Matter - Any solid, liquid, or gaseous matter which is
present in sufficient quantities to endanger health, safety and comfort of
persons in the vicinity or which may cause injury or damage to property.
r. Vibration - A periodic displacement of the earth measured in inches.
105. Personal Service - Barber shop, beauty shop, tailor, dressmaker, shoe shop, or
similar shop offering custom service. All odors shall be contained within the shop.
106. Planning and Zoning Commission - The agency designated in the Ordinance as the
Planning Commission and appointed by the City Council as an advisory body to it
and which is authorized to recommend changes in the Zoning Ordinance.
107. Playfield or Stadium - An athletic field or stadium owned and operated for the
general public including a base ball field, golf course, football field or stadium.
108. Private Club - An establishment providing social facilities, as well as alcoholic
beverage service, to an association of persons who by membership fall under the
provision of the Texas Alcoholic Beverage Code; allowed only by the issuance and
provisions established in Section 2.06, Specific Use Permits, and confined within
described geographical locations. Dining facilities may be provided as an incidental
use to the social facilities of such an establishment.
Restaurant/Private Club - An establishment providing social and dining facilities, as
well as alcoholic beverage service, to an association of persons, who by
membership fall under the provisions of the Texas Alcoholic Beverage Code;
allowed only by issuance and provisions established in Section 2.06, Specific Use
Permits, and confined to geographical locations allowing Private Clubs, and those
zoning districts authorized under the Schedule of Uses by the indication of "S." The
social facilities and alcoholic beverage service are incidental uses to the dining
facilities.
109. Public Shop or Yard of Local. State, Federal Government - Facilities such as
maintenance yards or shops required by branches of Local, State or Federal
Government for service to an area such as Highway Department Yard, City or
School Service Center.
110. Radio. Television or Microwave Towers - Structures supporting antennae for
transmitting or receiving any portion of the radio spectrum, but excluding
noncommercial antennae installations for home use of radio or television. In any
event the use as a microwave, radio, or television tower in a given zone is still
subject to the height, setback and other requirements, etc., as per the zoning district
requirement in which the tower is located.
111. Railroad Track or Track Right-of-WaX - Railroad Track or Track Right -of -Way, but
not including railroad stations, sidings, team tracks, loading facilities, docks, yards
or maintenance areas.
2.26
ORDINANCE NO. 1425-5-96
112. Recreation Area - A "recreation area" is a privately owned park, playground, or open
space maintained by a community club, property -owners association, or similar
organization.
113. Recreation Center (Public) - A building or complex of buildings housing community
recreation facilities owned, operated or leased for operation by the City of Allen and
may include swimming pools, tennis and other indoor or outdoor athletic facilities.
114. Residence - Same as dwelling; also when used with district and area of residential
regulations.
115. Restaurant or Cafeteria (Not Drive -In Type) - An establishment serving food to the
general public in specific, designated dining areas and where food is not served to
or eaten in automobiles on the premises.
116. Restaurant or Eating Place (Drive -In Service) - An establishment designed and
constructed to serve food for consumption on the premises in an automobile or for
carry -out for off premises consumption and which establishment my or may not
have on -premises dining room or counter.
Restaurant (With Drive Through Window) - An establishment serving food to the
general public with designated dining areas and allowing carry out window(s)
serving a single lane of automobiles for the purpose of serving food to go. Food
consumption is not allowed in automobiles on the premises.
117. Retail Store - Establishments engaged in selling goods or merchandise to the
general public for personal or household consumption and rendering services
incidental to the sale of such goods. Some of the important characteristics of retail
trade establishments are: 1) the establishment is usually a place of business and
is engaged in activity to attract the general public to buy; 2) the establishment buys
and receives, as well as sells, merchandise; 3) some processing may occur, but is
incidental or subordinate to the retail activities; 4) is not objectionable because of
odor, excess light, smoke, dust, noise, vibration, or similar nuisance; 5) conducted
within an enclosed building and the perimeter sidewalks; 6) the required yards are
not used for display, sale or storage of merchandise or for the storage of vehicles,
equipment containers, or waste material.
118. Retirement Center - A retirement center is a planned community which offers
independent living, congregate care and/or assisted living with a central services
facility on site which can provide food service, personal grooming care, arts and
crafts and recreational activities. The density will be regulated by the developable
area.
119. School. Business and Trade - A secondary or higher education facility primarily
teaching usable skills that prepare students for jobs in a trade and meeting any
State requirements as a vocational facility.
120. School. Public or Denominational - A school under the sponsorship of a public or
religious agency having a curriculum generally equivalent to public elementary or
secondary schools, but not including trade or commercial schools.
2.27
ORDINANCE NO. 1425-5-96
121. Servant's Quarters - A "servant's quarters" is a secondary building located on the
same lot as the principal residential building, occupied only by such persons and
their families as are employed full time by the occupants of the principal residence.
122. Service Station - A service station is any building or premises used for the
dispensing, sale, or offering for sale at retail of any automobile fuels or oils. If the
dispensing, sale or offering for sale is incidental to a public garage, the premises
shall be classified as a public garage.
123. Sexually -Oriented Business - An adult arcade, adult bookstore or adult video store,
adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency
nude model studio or sexual encounter center; further defined in Exhibit A to
Resolution No. 1222-2-94(R)
124. Specific Use Permit (SUP) - An SUP is a zoning designation for uses that are
allowed in specified districts. Site plan approval and a public hearing by the
Planning & Zoning Commission and the City Council are required. The Planning
and Zoning Commission may recommend, and the City Council may attach, any
term and/or condition indicating such additional requirements and safeguards to
assure conformance with the Comprehensive Plan and protection of adjoining
properties.
125. Stable - A structure that is used for the shelter or care of horses and cattle.
126. Story - The height between the successive floors of a building or from the top floor
to the roof. The standard height of a story is eleven (11) feet six (6) inches.
127. Street - Any thoroughfare or public driveway, other than an alley, and more than
thirty (30) feet in width, which has been dedicated or deeded to the city for public
use.
128. Street Line - A dividing line between a lot, tract or parcel of land and a contiguous
street, the right-of-way line.
129. Structural Alterations - Any change in the supporting member of a building, such as
a bearing wall, column, beam or girder.
130. Structure - Anything that is built or constructed by man, except that a sidewalk,
patio, or deck located in side or rear yards not more than thirty (30) inches from
the ground shall not be considered a structure.
131. Swim or Tennis Club - A private recreational club with restricted membership,
usually of less area than a Country Club but including a clubhouse and a swimming
pool, tennis courts and similar recreational facilities none of which are available to
the general public.
132. Swimming Pool or Spa (Private) - A swimming pool (over 3 feet in depth) or spa
constructed for the exclusive use of the residents of a one -family, two-family, or
multiple -family dwelling and located and fenced in accordance with the regulations
of the City of Allen. A private swimming pool shall not be operated as a business,
2.28
ORDINANCE NO. 1425-5-96
except as allowed under the Home Occupation Section of this ordinance, nor
maintained in a manner to be hazardous or obnoxious to adjacent property owners.
133. Target Range - Any indoor facility open to the public and occupying all or a portion
of a building where firearms are discharged for testing or recreation purposes.
134. Teen Club - A retail amusement establishment that is focused on the 13 - 19 year-
old market group. The purpose of the facility is to provide entertainment through
music, food and nonalcoholic beverage service, dancing, coin-operated machines,
and the like.
135. Thoroughfare - (Same as Street).
136. Townhouse - Attached dwelling units on separate lots under separate ownership of
dwelling units.
137. Use - The "use" of property is the purpose or activity for which the land, or building
thereon, is designed, arranged, or intended, or for which it is occupied or
maintained, and shall include any manner of such activity with respect to the
standards of this Ordinance.
138. Use. principal - A "principal use" is the main use of land or buildings as
distinguished from a subordinate or accessory use.
139. Variance - An adjustment in the application of the specific regulations of the Zoning
Ordinance to a particular parcel of property which, because of special conditions or
circumstances peculiar to the particular parcel, is necessary to prevent the property
from being deprived of rights and privileges enjoyed by other parcels in the same
vicinity and zoning district.
140. Wrecking or Auto Salvage Yard - A yard or building where automobiles or
machinery are stored, dismantled and/or offered for sale as whole units, as
salvaged parts or as processed metal.
141. Yard - A "yard" is an open space on the same building lot with a building,
unoccupied and unobstructed by any portion of a structure from the ground upward,
except as otherwise provided. In measuring a yard for the purpose of determining
the width of a side yard, the depth of a rear yard, and the depth of a front yard, the
minimum horizontal distance between the building site and the lot line shall be used.
A "yard" extends along a lot line and at right angles to such lot line to a depth or
width specified in the yard regulations of the zoning district in which such building
is located.
a. Yard. Front - An open, unoccupied space on a lot facing a street extending
across the front of a lot between the side lot lines and from the main building
to the front lot or street line with the minimum horizontal distance between
the street line and the main building line as specified for the district in which
it is located. (See Appendix Illustrations 3 and 5).
b. Yard. Rear - An open, unoccupied space, except for accessory buildings as
herein permitted, extending across the rear of a lot from one side lot line to
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ORDINANCE NO. 1425-5-96
the other side lot line and having a depth between the building and the rear
lot line as specified in the district in which the lot is situated. (See Appendix
Illustration 3)
C. Yard. Side - An open, unoccupied space or spaces on one side or two sides
of a main building and on the same lot with the building, situated between
the building and a side line of the lot and extending through from the front
yard to the rear yard. Any lot line, not the rear line or a front line, shall be
deemed a side line. (See Appendix Illustrations 3 and 4)
142. Zoning District Map - The official certified map upon which the boundaries of the
various Zoning Districts are drawn and which is an integral part of the Zoning
Ordinance.
143. Zoning Administrator - Director of Community Development.
2.30
ORDINANCE NO. 1425-5-96
ARTICLE 3 - REGULATIONS
3.01 USE AND AREAS - All land, buildings, structures, or appurtenances thereon located within
the City of Allen, Texas, which are hereafter occupied, used, erected, altered, removed,
placed, demolished, or converted shall be occupied, used, erected, altered, removed,
placed, demolished, or converted in conformance with the zoning regulations prescribed
for the Zoning District in which such land or building is located as hereinafter provided.
Land and buildings in each of the following Zoning Districts may be used for any of the
listed uses but no land shall hereafter be used and no building or structure shall hereafter
be occupied, used, erected, altered, removed, placed, demolished, or converted, or which
is arranged or designed to be used or is used for other than those uses specified for the
Zoning District in which it is located and as set forth in the Schedule of Uses given in the
Appendix to this Ordinance.
Legend for interpreting Schedule of Uses:
X Designates use permitted in district indicated.
Designated use prohibited in district indicated.
See Specific Planned Development for allowable uses
S Designated use may be approved as Specific Use
Permit under Section 2.06.
T Designates use may be permitted as temporary use.
A Designated use may be permitted as accessory use.
C Designates subjection to additional criteria.
Example: Restaurant/Private Club allowed in Shopping Center Zoning Districts at
Major Intersections of Two Thoroughfares with Proposed 80 foot or more
right-of-way.
Number shown in parenthesis ( ) after type of use refers to Definitions under Section 2.10
3.1
ORDINANCE NO. 1425-5-96
3.01(A) "A-0" AGRICULTURE ---OPEN SPACE DISTRICT REGULATIONS
1. Purpose - This district is to be used for farming, forestry, and mining uses not
hazardous by reason of odors, dust, fumes, noise, or vibration; single-family
dwellings on acreage sites; public recreation and open spaces; and is considered
the proper classification for lease areas of undeveloped land or land newly -annexed
to the City.
2. Use Regulations - A building or premise shall be used only for the following
purposes:
a. Such uses as allowed under the Schedule of Uses section of this Ordinance.
b. All general and special agricultural, farming, ranching, stock and poultry
raising, dairy, and other related uses so long as same do not cause a
hazard to health by reason of unsanitary conditions; and are not offensive
by reason of odors, dust, fumes, noise, or vibration; and are not otherwise
detrimental to the public welfare. Poultry or livestock shall be kept in
accordance with the regulations contained in the Code of Ordinances,
Chapter 3, Animals and Fowl.
C. All general and special forestry and mining uses and other related uses so
long as same are not offensive by reason of odors, dust, fumes, noise,
vibration, unsightly conditions, or despoliation, and are not otherwise
detrimental to the public welfare.
d. Single-family dwellings on building lots of one (1) acre or more in areas
where said dwellings can be adequately served by water wells located on
the building lot.
e. Such uses as may be permitted under the provisions of Section 2.06,
Specific Use Permits.
3. Height Regulation - No building shall exceed thirty-five (35) feet or two and one-half
(2-1/2) stories in height.
4. Area Regulations:
a. Size of Yards -
(1) Front Yard - There shall be a front yard having a depth of not less
than 100 feet.
(2) Side Yard - There shall be a side yard on each side of the lot having
a width of not less than twenty (20) percent of the lot width.
(3) Rear Yard - There shall be a rear yard having a depth of not less
than twenty-five (25) feet.
b. Size of Lot - No lot shall have an area of less than one (1) acre.
3.2
ORDINANCE NO. 1425-5-96
C. Lot Coveraae - In no case shall more than thirty (30) per cent of the total
area of the lot be covered by the combined area of the main buildings and
accessory buildings.
5. Building Regulations:
a. Type of Materials - All main residential buildings shall have exterior
construction of a minimum of 75% brick, tiles, cement, concrete, stone, or
similar materials.
3.3
ORDINANCE NO. 1425-5-96
3.01(B) "R-2" SINGLE-FAMILY RESIDENTIAL DISTRICT REGULATIONS
1. Purpose - This district is to be composed of single-family, detached dwellings, on
lots of not less than eighteen thousand (18,000) square feet, together with the
allowed incidental and accessory uses. This district should provide for about 2.1
dwelling units per acre.
2. Use Regulations - A Building or premise shall be used only for the following
purposes:
a. Such uses as allowed under the Schedule of Uses section of this Ordinance.
b. Such uses as may be permitted under the provisions of Section 2.06,
Specific Use Permits.
3. Height Regulations - No building shall exceed thirty-five (35) feet or two and
one-half (2-1/2) stories in height.
4. Area Regulations:
a. Size of Yards:
(1) Front Yard - There shall be a front yard having a depth of not less
than thirty (30) feet.
(2) Side Yard - There shall be a side yard on each side of the lot having
a width of not less than ten (10) per cent of the lot width. A side yard
adjacent to a side street shall not be less than fifteen (15) feet.
(3) Rear Yard - There shall be a rear yard having a depth of not less
than twenty-five (25) feet.
b. Size of Lot:
(1) Lot Area - No building shall be constructed on any lot of less than
eighteen thousand (18,000) square feet. Such lot shall have a
minimum buildable area of 7200 square feet.
(2) Lot Width - The width of the lot shall be not less than one hundred
(100) feet at the front street building line, nor shall its average width
be less than one hundred feet.
(3) Lot Depth - The depth of the lot shall not be less than one hundred
twenty (120) feet, except that a corner lot may have a depth of less
than one hundred twenty (120) feet provided that the minimum depth
is no less than one hundred (100) feet.
(4) Where a lot having less area, width, and/or depth than herein
required existed in separate ownership on or before June 21, 1972,
the above regulations shall not prohibit the erection of a single-family
dwelling thereon.
3.4
ORDINANCE NO. 1425-5-96
C. Minimum Dwelling Size - The minimum floor area of any dwelling shall be
two thousand (2,000) square feet, exclusive of garages, breezeways, and
porches.
d. Lot Coverage - In no case shall more than thirty-five (35) per cent of the
total lot area be covered by the combined area of the main buildings and
accessory buildings.
5. Building Regulations:
a. Type of Materials - All main residential buildings shall have exterior
construction of a minimum of 75% brick, tiles, cement, concrete, stone, or
similar materials.
3.5
ORDINANCE NO. 1425-5-96
3.01(C) "R-3" SINGLE-FAMILY RESIDENTIAL DISTRICT REGULATIONS
1. Purpose - This district is to be composed of single-family, detached dwellings, on
lots of not less than twelve thousand (12,000) square feet, together with the allowed
incidental and accessory uses. This district should provide for about 3.0 dwelling
units per acre.
2. Use Regulations - A building or premise shall be used only for the following
purposes:
a. Any use permitted in District "R-2."
b. Such uses as allowed under the Schedule of Uses section of this Ordinance.
C. Such uses as may be permitted under the provisions of Section 2.06,
Specific Use Permits.
3. Height Regulations - No building shall exceed thirty-five (35) feet or two and
one-half (2-1/2) stories in height.
4. Area Regulations:
a. Size of Yards:
(1) Front Yard - There shall be a front yard having a depth of not less
than thirty (30) feet.
(2) Side Yard - There shall be a side yard on each side of the lot having
a width of not less than ten (10) per cent of the lot width. A side yard
adjacent to a side street shall not be less than fifteen (15) feet.
(3) Rear Yard - There shall be a rear yard having a depth of not less
than twenty (20) feet.
b. Size of Lot:
(1) Lot Area - No building shall be constructed on any lot of less than
twelve thousand (12,000) square feet. Such lot shall have a
minimum buildable area of four thousand six hundred (4,600) square
feet.
(2) Lot Width - The width of the lot shall not be less than eighty (80) feet
at the front street building line, nor shall its average width be less
than eighty (80) feet.
(3) Lot Depth - The depth of the lot shall not be less than one hundred
twenty (120) feet, except that a corner lot may have a depth of less
than one hundred twenty (120) feet provided that the minimum depth
is not less than one hundred (100) feet.
3.6
ORDINANCE NO. 1425-5-96
(4) Where a lot having less area, width, and/or depth than herein
required existed in separate ownership on or before June 21, 1972,
the above regulations shall not prohibit the erection of a single-family
dwelling thereon.
C. Minimum Dwelling Size - The minimum floor area of any dwelling shall be
eighteen hundred (1,800) square feet, exclusive of garages, breezeways,
and porches.
d. Lot Coverage - In no case shall more than thirty-five (35) per cent of the
total lot area be covered by the combined area of the main buildings and
accessory buildings.
5. Building Regulations:
a. Type of Materials - All main residential buildings shall have exterior
construction of a minimum of 75% brick, tiles, cement, concrete, stone, or
similar materials.
3.7
ORDINANCE NO. 1425-5-96
3.01(D) "R-4" SINGLE-FAMILY RESIDENTIAL DISTRICT REGULATIONS
1. Purpose - This district is to be composed of single-family, detached dwellings, on
lots of not less than nine thousand (9,000) square feet, together with the allowed
incidental and accessory uses. This district should provide for about 3.8 dwelling
units per acre.
2. Use Regulations - A building or premise shall be used only for the following
purposes:
a. Any use permitted in District "R-3."
b. Such uses as allowed under the Schedule of Uses section of this Ordinance.
C. Such uses as may be permitted under the provisions of Section 2.06,
Specific Use Permits.
3. Height t Regulations - No building shall exceed thirty-five (35) feet or two and
one-half (2-1/2) stories in height.
4. Area Regulations:
a. Size of Yards:
(1) Front Yard - There shall be a front yard having a depth of not less
than twenty-five (25) feet.
(2) Side Yard - There shall be a side yard on each side of the lot having
a width of not less than ten (10) per cent of the lot width. A side yard
adjacent to a side street shall not be less than fifteen (15) feet.
(3) Rear Yard - There shall be a rear yard having a depth of not less
than fifteen (15) feet.
b. Size of Lot:
(1) Lot Area - No building shall be constructed on any lot of less than
nine thousand (9,000) square feet. Such lot shall have a minimum
buildable area of three thousand six hundred (3,600) square feet.
(2) Lot Width - The width of the lot shall be not less than seventy (70)
feet at the front street building line, nor shall its average width be
less than seventy (70) feet.
(3) Lot Depth - The depth of the lot shall not be less than one hundred
ten (110) feet, except that a corner lot may have a depth of less than
one hundred ten (110) feet provided that the minimum depth is no
less than ninety (90) feet.
(4) Where a lot having less area, width and/or depth than herein
required existed in separate ownership on or before June 21, 1972,
.QK,
ORDINANCE NO. 1425-5-96
the above regulations shall not prohibit the erection of a one -family
dwelling thereon.
C. Minimum Dwelling Size: The minimum floor area of any dwelling shall be
sixteen hundred (1600) square feet, exclusive of garages, breezeways, and
porches.
d. Lot Coverage - In no case shall more than forty (40) per cent of the total lot
area be covered by the combined area of the main buildings and accessory
buildings.
5. Building Regulations:
a. Type of Materials - All main residential buildings shall have exterior
construction of a minimum of 75% brick, tiles, cement, concrete, stone, or
similar materials.
3.9
ORDINANCE NO. 1425-5-96
3.01(E) "R-5" SINGLE-FAMILY RESIDENTIAL DISTRICT REGULATIONS
1. Purpose - This district is to be composed of single-family, detached dwellings, on
lots of not less than seven thousand five hundred (7,500) square feet, together with
the allowed incidental and accessory uses. This district should provide for about 4.6
dwelling units per acre.
2. Use Regulations - A building or premise shall be used only for the following
purposes:
a. Any use permitted in District "R-4."
b. Such uses as allowed under the Schedule of Uses section of this Ordinance.
C. Such uses as may be permitted under the provisions of Section 2.06,
Specific Use Permits.
3. Height Regulations - No building shall exceed thirty-five (35) feet or two and
one-half (2-1/2) stories in height.
4. Area Regulations -
a. Size of Yards:
(1) Front Yard - There shall be a front yard having a depth of not less
than twenty-five (25) feet.
(2) Side Yard - There shall be a side yard on each side of the lot having
a width of not less than ten (10) per cent of the lot width. A side yard
adjacent to a side street shall not be less than fifteen (15) feet.
(3) Rear Yard - There shall be a rear yard having a depth of not less
than fifteen (15) feet.
b. Size of Lot:
(1) Lot Area - No building shall be constructed on any lot less than
seven thousand five hundred (7,500) square feet. Such lot shall
have a minimum buildable area of three thousand (3,000) square
feet.
(2) Lot Width - The width of the lot shall be not less than sixty-five (65)
feet at the front street building line, nor shall its average width be
less than sixty-five (65) feet.
(3) Lot Depth - The depth of the lot shall not be less than one hundred
ten (110) feet, except that a corner lot may have a depth of less than
one hundred ten (110) feet provided that the minimum depth is no
less than ninety (90) feet.
3.10
ORDINANCE NO. 1425-5-96
(4) Where a lot having less area, width, and/or depth than herein
required existed in separate ownership on or before June 21, 1972,
the above regulations shall not prohibit the erection of a single-family
dwelling thereon.
C. Minimum Dwelling Size - The minimum floor area of any dwelling shall be
fifteen hundred (1500) square feet, exclusive of garages, breezeways, and
porches.
d. Lot Coverage - In no case shall more than forty (40) per cent of the total
area be covered by the combined area of the main buildings and accessory
buildings.
5. Building Regulations:
a. Type of Materials - All main residential buildings shall have exterior
construction of a minimum of 75% brick, tiles, cement, concrete, stone, or
similar materials.
3.11
ORDINANCE NO. 1425-5-96
3.01(F) "R-6" SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS
1. Purpose - This district shall be developed for single family detached dwellings, on
lots of not less than six thousand (6,000) square feet, together with the allowed
incidental and accessory uses. This district should provide for approximately 5.2
dwelling units per acre.
2. Use Regulations - A building or premise shall be used only for the following
purposes:
a. Any use permitted in District "R-5."
b. Such uses as allowed under the Schedule of Uses section of this Ordinance.
C. Such uses as may be permitted under the provisions of Section 2.06,
Specific Use Permits.
3. Height Regulation - No building shall exceed thirty-five (35) feet or two and one-half
(2-1/2) stories in height.
4. Area Regulations:
a. Size of Yards:
(1) Front Yard - there shall be a front yard having a depth of not less
than twenty (20) feet.
(2) Side Yard - two required, one foot and nine feet, whereby a
separation of ten feet is always maintained between structures. A
side yard adjacent to a side street shall not be less than fifteen (15)
feet, even when a side yard is across from a front yard, the side yard
shall be fifteen (15) feet.
(3) Alternative Side Yard - a five foot setback on each side of dwelling.
(4) Rear Yard - there shall be a rear yard having a depth of not less
than ten (10) feet.
b. Size of Lot:
(1) Lot Area - no building shall be constructed of any lot of less than six
thousand (6,000) square feet.
(2) Lot Width - the width of the lot shall not be less than fifty-five (55)
feet at the front building line.
(3) Lot Depth - the depth of the lot shall not be less than one hundred
(100) feet.
C. Minimum Dwelling Size: the minimum floor area of any dwelling shall be
twelve hundred (1,200) square feet.
3.12
ORDINANCE NO. 1425-5-96
d. Lot Coverage - in no case shall more than fifty-five (55) per cent of the total
lot area covered by the combined area of the main building and accessory
buildings.
5. Building Regulations:
a. Type of Materials - all main residential buildings shall have exterior
construction of a minimum of 75% brick, tiles, cement, concrete, stone, or
similar materials.
3.13
ORDINANCE NO. 1425-5-96
3.01(G) "R-7" RESIDENTIAL DISTRICT REGULATIONS
1. Purpose - This district shall be developed for single family detached dwellings, on
lots of not less than five thousand (5,000 square feet, together with the allowed
incidental and accessory uses. This district should provide for approximately 6.2
dwelling units per acre.
2. Use Regulations - A building or premise shall be used only for the following
purposes:
a. Any use permitted in District "R-6."
b. Such uses as allowed under the Schedule of Uses section of this Ordinance.
C. Such uses as may be permitted under the provisions of Section 2.06,
Specific Use Permits.
3. Height Regulation - No building shall exceed thirty-five (35) feet or two and one-half
(2-1/2) stories in height.
4. Area Regulations:
a. Size of Yards:
(1) Front Yard - there shall be a front yard having a depth of not less
than twenty (20) feet.
(2) Side Yard - two required, one foot and nine feet, whereby a
separation of ten feet is always maintained between structures. A
side yard adjacent to a side street shall not be less than fifteen (15)
feet, even when a side yard is across from a front yard, the side yard
shall be fifteen (15) feet.
(3) Alternative Side Yard - a five foot setback on each side of dwelling.
(4) Rear Yard - there shall be a rear yard having a depth of not less
than ten (10) feet.
b. Size of Lot:
(1) Lot Area - no building shall be constructed of any lot of less than five
thousand (5,000) square feet.
(2) Lot Width - the width of the lot shall not be less than forty-five (45)
feet at the front building line.
(3) Lot Depth - the depth of the lot shall not be less than ninety (90) feet.
C. Minimum Dwelling Size: the minimum floor area of any dwelling shall be
one thousand (1,000) square feet.
3.14
ORDINANCE NO. 1425-5-96
d. Lot Coverage - in no case shall more than fifty-five (55) per cent of the total
lot area covered by the combined area of the main building and accessory
buildings.
5. Building Regulations:
a. Type of Materials - all main residential buildings shall have exterior
construction of a minimum of 75% brick, tiles, cement, concrete, stone, or
similar materials.
3.15
ORDINANCE NO. 1425-5-96
3.01(H) "2-F" DUPLEX RESIDENTIAL DISTRICT REGULATIONS
1. Purpose - This district provides a - medium density dwelling classification in the
form of two-family attached or duplex dwellings. This district should provide for
about 9.6 dwelling units per acre.
2. Use Regulations - A building or premise shall be used only for the following
purposes:
a. Any use permitted in District "R-5."
b. Such uses as allowed under the Schedule of Uses section of this Ordinance.
C. Such uses as may be permitted under the provisions of Section 2.06,
Specific Use Permits.
3. Height Regulations - No building shall exceed thirty-five (35) feet or two and
one-half (2-1/2) stories in height.
4. Area Regulations:
a. Size of Yards:
(1) Front Yard - there shall be a front yard having a required depth of
not less than twenty-five (25) feet. No required parking shall be
allowed within the required front yard.
(2) Side Yard - there shall be a side yard on each side of a building of
not less than ten (10) per cent of the lot width. A side yard adjacent
to a side street shall not be less than fifteen (15) feet.
(3) Rear Yard - there shall be a rear yard having a depth of not less
than fifteen (15) feet.
b. Size of Lot:
(1) Lot Area - no building shall be constructed on any lot less than eight
thousand (8,000) square feet. Such lot shall have a minimum
buildable area of three thousand (3,000) square feet.
(2) Lot Width - the width of the lot shall not be less than sixty-five (65)
feet at the front street building line, nor shall its average width be
less than sixty-five (65) feet.
(3) Lot Depth - the depth of the lot shall not be less than one hundred
ten (110) feet, except that a corner lot may have a depth of less than
one hundred ten (110) feet provided that the minimum depth is no
less than ninety (90) feet.
(4) Where a lot having less area, width, and/or depth than herein
required existed in separate ownership on or before June 21, 1972.
3.16
ORDINANCE NO. 1425-5-96
The above regulations shall not prohibit the erection of a
single-family dwelling thereon.
C. Minimum Dwelling Size - the minimum floor area of any dwelling unit shall
be one thousand (1,000) square feet, exclusive of garages, breeze ways,
and porches.
d. Lot Coverage - in no case shall more than forty (40) per cent of the total lot
area be covered by the combined area of the main buildings and accessory
buildings.
5. Building Regulations:
a. Type of Materials - All main residential buildings shall have exterior
construction of a minimum of 75% brick, tiles, cement, concrete, stone, or
similar materials.
3.17
ORDINANCE NO. 1425-5-96
3.01(1) "TH" TOWNHOUSE RESIDENTIAL DISTRICT REGULATIONS
1. Purpose - This district provides a medium -density dwelling classification in the form
of attached dwelling units on separate lots under separate ownership of dwelling
units. This district should provide for about 10.8 dwelling units per acre.
2. Use Regulations - A building or premise shall be used only for the following
purposes:
a. Any use permitted in District "2F."
b. Attached dwelling units, provided that no more than six (6) dwelling units are
attached in one continuous row or group, and provided that no dwelling unit
is constructed above another dwelling unit. Additional units in a contiguous
row could be allowed with certain architectural design improvements.
C. Such uses as allowed under the Schedule of Uses section of this Ordinance.
d. Such uses as may be permitted under the provision of Section 2.06, Specific
Use Permits.
3. Height Regulations - No building shall exceed thirty-five (35) feet or two and
one-half (2-1/2) stories in height.
4. Area Regulations:
a. Size of Yards:
(1) Front Yard - there shall be a front yard having a required depth of
not less than twenty (20) feet. No required parking shall be allowed
within the required front yard.
(2) Side Yard - there shall be a side yard on each side of a contiguous
row or group of dwellings of not less than six (6) feet. A side yard
adjacent to a side street shall not be less than fifteen (15) feet.
(3) Rear Yard - there shall be a rear yard having a depth of not less
than fifteen (15) feet.
b. Size of Lot:
(1) Lot Area - no building shall be constructed on any lot less than three
thousand three hundred (3,300) square feet. Such lot shall have a
minimum buildable area of two thousand two hundred fifty (2,250)
square feet.
(2) Lot Width - the width of the lot shall not be less than thirty (30) feet
at the front street building line.
(3) Lot Depth - the depth of the lot shall not be less than one hundred
ten (110) feet.
3.18
ORDINANCE NO. 1425-5-96
(4) Where a lot having less area, width, and/or depth than herein
required existed in separate ownership on or before June 21, 1972.
The above regulations shall not prohibit the erection of a dwelling
thereon.
C. Minimum Dwelling Size - the minimum floor area of any dwelling unit shall
be one thousand (1,000) square feet, exclusive of garages, breeze ways,
and porches.
d. Lot Coverage - in no case shall more than sixty-five (65) per cent of the total
land area be covered by the combined area of the main buildings and
accessory buildings.
e. Open Space Requirement - A minimum of four thousand (4,000) square
feet of open space is required for every six (6) dwelling units. This
requirement is in addition to all other required yard spaces.
5. Building Regulations:
a. Type of Materials - all main residential buildings shall have exterior
construction of a minimum of 75% brick, tiles, cement, concrete, stone, or
similar materials.
3.19
ORDINANCE NO. 1425-5-96
3.01(J) "MF -12" MULTI -FAMILY RESIDENTIAL DISTRICT REGULATIONS
Purpose - This district provides a medium -density dwelling classification in the form
of attached dwelling units not on separate lots and therefore intending no
conveyance of separate ownership of dwelling units. This district should provide for
a maximum of 12.1 dwelling units per acre.
2. Use Regulations - A building or premise shall be used only for the following
purposes:
a. Any use permitted in District "TH."
b. Such uses as allowed under the Schedule of Uses section of this Ordinance.
C. Such uses as may be permitted under the provisions of Section 2.06,
Specific Use Permits.
3. Height Regulations - no building shall exceed thirty-five (35) feet or two and one-half
(2-1/2) stories in height.
4. Area Regulations:
a. Size of Yards:
(1) Front Yard - there shall be a front yard having a required depth of
twenty (20) feet. No required parking shall be allowed within the
required front yard.
(2) Side Yard - there shall be a side yard on each side of a continuous
row or group of dwellings of not less than six (6) feet. A side yard
adjacent to a side street shall not be less than fifteen (15) feet,
except that when abutting a single family residential district a
minimum of thirty (30) feet shall be required.
(3) Rear Yard - there shall be a rear yard having a depth of not less
than fifteen (15) feet, except that when abutting a single family
residential district a minimum of thirty (30) feet shall be required.
Where lots have double frontage, running through from one street to
another, the required front yard shall be provided on both streets.
b. Size of Lot -
(1) Lot Area - no building shall be constructed on any lot of less than
twelve thousand (12,000) square feet. Such lot shall have a
minimum buildable area of four thousand eight hundred (4,800)
square feet. No lot shall contain less than three thousand (3,000)
square feet per dwelling unit.
(2) Lot Width - the width of the lot shall not be less than sixty-five (65)
feet at the front street building line.
3.20
ORDINANCE NO. 1425-5-96
(3) Lot Depth - the depth of the lot shall not be less than one hundred
ten (110) feet.
(4) Where a lot having less area, width, and/or depth than herein
required existed in separate ownership on or before June 21, 1972,
the above regulations shall not prohibit the erection of a building
thereon.
C. Minimum Dwelling Size - the minimum floor area of any dwelling unit shall
be five hundred (500) square feet, with an average of no less than eight
hundred fifty (850) square feet, exclusive of garages, breezeways, and
porches.
d. Lot Coverage - In no case shall more than forty-five (45) per cent of the total
lot area be covered by the combined area of the main buildings and
accessory buildings.
5. Building Regulations:
a. Type of Materials - all main residential buildings shall have exterior
construction of a minimum of 75% brick, tiles, cement, concrete, stone, or
similar materials. Accessory buildings shall be constructed of materials
consistent with the main structure.
3.21
ORDINANCE NO. 1425-5-96
3.01(K) "MF -18" MULTI -FAMILY RESIDENTIAL DISTRICT REGULATIONS
Purpose - This district provides a higher -density dwelling classification in the form
of attached dwelling units. This district provides for a maximum of 18 dwelling units
per acre.
2. Use Regulations - A building or premise shall be used only for the following
purposes:
a. Any use permitted in District "MF -12."
b. Such uses as allowed under the Schedule of Uses section of this Ordinance.
C. Such uses as may be permitted under the provision of Section 2.06, Specific
Use Permits.
3. Height t Regulation - no building shall exceed thirty-five (35) feet or two and one-half
(2-1/2) stories in height, except that a building may be erected to a height of eighty
(80) feet and eight (8) stories if set back from all required yard lines a distance of
one (1) foot for each two (2) additional feet above thirty-five (35) feet.
4. Area Regulations:
a. Size of Yards:
(1) Front Yard - there shall be a front yard having a required depth of
not less than twenty (20) feet.
(2) Side Yard - there shall be a side yard on each side of the lot having
a width of not less than ten (10) feet. A side yard adjacent to a side
street shall not be less than fifteen (15) feet.
(3) Rear Yard - there shall be a rear yard having a required depth of not
less than twenty (20) feet.
b. Size of Lots:
(1) Lot Area - no building shall be constructed on any lot of less than
fourteen thousand (14,000) square feet. Such lot shall have a
minimum buildable area of fifty-six hundred (5,600) square feet. No
lot shall contain less than twenty-four hundred (2,400) square feet
per dwelling unit.
(2) Lot Width - the width of the lot shall not be less than eighty-five (85)
feet at the front street building line.
(3) Lot Depth - the depth of the lot shall not be less than one hundred
five (105) feet.
C. Minimum Dwelling Size - the minimum floor area of any dwelling unit shall
be five hundred (500) square feet exclusive of garages, breezeways and
3.22
ORDINANCE NO. 1425-5-96
porches, with an average of not less than seven hundred seventy-five (775)
square feet.
d. Lot Coverage - in no case shall more than fifty (50) per cent of the total area
be covered by the combined area of the main buildings and the accessory
buildings.
5. Building Regulations:
a. Type of Materials - all main residential buildings shall have an exterior
construction of a minimum of 75% brick, tiles, cement, concrete, stone, or
similar materials. Accessory buildings shall be constructed of materials
consistent with the main structure.
3.23
ORDINANCE NO. 1425-5-96
3.01(L) "MF -24" MULTI -FAMILY RESIDENTIAL DISTRICT REGULATIONS
1. Purpose - This district provides a higher -density dwelling classification in the form
of attached dwelling units. This district should provide for a maximum of 24 dwelling
units per acre.
2. Use Regulations - A building or premise shall be used only for the following
purposes:
a. Any use permitted in District "MF -18."
b. Such uses as allowed under the Schedule of Uses section of this Ordinance.
C. Such uses as may be permitted under the provision of Section 2.06, Specific
Use Permits.
3. Height Regulations - no building shall exceed thirty-five (35) feet or two and one-half
(2-1/2) stories in height, except that a building may be erected to a height of eighty
(80) feet and eight (8) stories if set back from all required yard lines a distance of
one (1) foot for each two (2) feet of additional height above thirty-five (35) feet.
4. Area Regulations:
a. Size of Yards:
(1) Front Yard - there shall be a front yard having a required depth of
not less than twenty (20) feet.
(2) Side Yard - there shall be a side yard on each side of the lot having
a width of not less than ten (10) feet. A side yard adjacent to a side
street shall not be less than fifteen (15) feet.
(3) Rear Yard - there shall be a rear yard having a required depth of not
less than twenty (20) feet.
b. Size of Lot:
(1) Lot Area - no building shall be constructed on any lot of less than
sixteen thousand (16,000) square feet. Such lot shall have a
minimum buildable area of six thousand four hundred (6,400) square
feet. No lot shall contain less than one thousand eight hundred
(1,800) square feet per dwelling unit.
(2) Lot Width - the width of the lot shall not be less than one hundred
(100) feet at the front street building line.
(3) Lot Depth - the depth of the lot shall not be less than one hundred
(100) feet.
(4) Where a lot having less area, width, and/or depth than herein
required existed in separate ownership on or before June 21, 1972,
3.24
ORDINANCE NO. 1425-5-96
the above regulations shall not prohibit the erection of a building
thereon.
C. Minimum Dwelling Size - the minimum floor area of any dwelling unit shall
be five hundred (500) square feet, with an average of no less than seven
hundred (700) square feet, exclusive of garages, breezeways, and porches.
d. Lot Coverage - in no case shall more than fifty (50) per cent of the total lot
area be covered by the combined area of the main buildings and accessory
buildings.
5. Building Regulations:
a. Type of Materials - all main residential buildings shall have exterior
construction of a minimum of 75% brick, tiles, cement, concrete, stone, or
similar materials. Accessory buildings shall be constructed of materials
consistent with the main structure.
3.25
ORDINANCE NO. 1425-5-96
3.01(M) "MH" MOBILE HOME PARK DISTRICT REGULATIONS
1. Purpose - This district provides for the location of mobile homes within
developments with necessary attendant facilities.
2. Use Regulations - A building or premise shall be used only for the following
purposes.
a. Such uses as allowed under the Schedule of Uses section of this Ordinance.
b. Such uses as are normally accessory to a mobile home park, including
office and/or maintenance buildings for management and maintenance of
the mobile home park only, recreation buildings and swimming pools, private
clubs, laundry facilities and storage facilities for use of the residents of the
mobile home park, and open recreation areas.
C. Such uses as may be permitted under the provisions of Section 2.06,
Specific Use Permits.
3. Location of Mobile Homes and Mobile Home Parks:
a. It shall be unlawful for any person to locate or maintain any mobile home in
any place in the City other than in a lawfully designated and duly licensed
mobile home park, except that mobile homes may be kept in an acceptable
mobile home sales location, as a temporary office or other similar temporary
use, and except that one small so-called "camper trailer" intended for private
recreational use may be kept as an accessory use to a dwelling unit, but
shall not be used for living or sleeping purposes.
b. Mobile Home Park Districts will be granted only as an amendment to the
Zoning Ordinance. The granting of each Mobile Home Park District will be
judged on the merits of each individual request for an amendment.
C. The location of Mobile Home Parks shall be in general conformance with the
Comprehensive Plan of the City, shall be located adjacent to a thoroughfare
or a commercial area which is adjacent to a thoroughfare, and should
generally not be surrounded by single-family residential areas.
4. Compliance With Other Ordinances - Except as provided herein, all requirements
of the Subdivision Regulations and other Ordinances of the City regulating Mobile
Homes and Mobile Home Parks shall be complied with.
5. Height Regulations - No building shall exceed thirty-five (35) feet or two and
one-half (2-1/2) stories in height.
6. Area Regulations:
a. Size of Yards:
3.26
ORDINANCE NO. 1425-5-96
(1) Front Yard - there shall be a front yard having a required depth of
not less than twenty-five (25) feet.
(2) Side Yard - there shall be a side yard on each side of the lot having
a width of not less than fifteen (15) feet.
(3) Rear Yard - there shall be a rear yard having a depth of not less
than fifteen (15) feet.
b. Size of Lot:
(1) Lot Area - no mobile home shall be placed or located on any lot
having less than four thousand (4,000) square feet.
(2) Lot Width - the width of the lot shall not be less than forty-two (42)
feet at the front street building line.
(3) Lot Depth - the depth of the lot shall not be less than eighty-five (85)
feet.
7. Building Regulations:
a. Type of Materials - all main buildings shall have exterior construction of a
minimum of 75% brick, tiles, cement, concrete, stone, or similar materials.
8. Open Space Requirements - there shall be provided within the park, outside of unit
plots, a separate open recreation and public service area, at a ratio of five hundred
(500) square feet for each of the first twenty (20) units and two hundred fifty (250)
square feet per unit for all additional units.
Outdoor swimming pool or pools may be included in satisfying this requirement, but
area in front, side and rear yards may not be so utilized.
3.27
ORDINANCE NO. 1425-5-96
3.01(N) "GO" GARDEN OFFICE DISTRICT
Purpose - This district is intended for low rise office uses, not dependent upon retail
trade or retail traffic for their operation. This district is designed to permit the
location of offices of any profession, trade, or service near their clients, and
minimize the affect upon residential and commercial areas. The height, setback,
sign controls, and parking regulations are intended to allow flexibility in design, and
maintain aesthetics and neighborhood quality. "GO" shall serve as a prefix to the
alternative height regulations 1, 2, or 3. Outside storage, which includes, but is not
limited to, equipment, machinery, commodities, raw, semifinished materials, and
building materials, that is visible from the building lot line at ground level is not
allowed in this district.
2. Use Regulations:
a.
a. Such uses as allowed under the Schedule of Uses section of this Ordinance.
b. Such uses as may be permitted under the provisions of Section 2.06,
Specific Use Permits.
3. Height Regulations -
The maximum height of the main building shall be three standard stories, but shall
not exceed forty-five (45) feet in height. In no event, however, shall any building
exceed three two standard stories when located within one hundred (100) feet of
any property zoned for residential purposes.
4. Area Regulations -
a. Size of Yards:
(1) Front Yards:
(a) there shall be a minimum front yard having a depth of not
less than one hundred (100) feet adjacent to any street with
a right-of-way of one hundred (100) or more feet.
(b) there shall be a minimum front yard having a depth of not
less than 25 feet adjacent to any street with a right-of-way
less than 100 feet.
(c) lots having double frontage shall provide the required
setbacks from both streets.
(2) Side Yards - there shall be a minimum side yard for each side of the
lot, or tract, on which any single building, or building complex, is
constructed of fifty (50) feet.
On corner lots, the required front yard setback shall be provided on
both streets, and such required yard may not be used for parking
purposes.
3.28
ORDINANCE NO. 1425-5-96
(3) Rear Yards - no rear yard is required except that a rear yard of not
less than fifty (50) feet in depth shall be provided upon that portion
of a lot abutting or across a rear street from an "R" district.
b. Lot Coverage - in no case shall more than fifty (50) per cent of the total lot
area be covered by the combined area of the main buildings and accessory
buildings. The ratio of total floor area of all buildings to land area shall be
a maximum of .5:1.
5. Building Regulations -
Type of Materials -
a. It is the intent of this ordinance to have building exteriors constructed of
materials that are: 1) durable, 2) easily maintained, requiring minimal
maintenance and can be well maintained for the expected life of the facility,
3) aesthetically pleasing, 4) compatible with the intended use of the
surrounding environment, 5) be inherently corrosion resistant or be treated
to resist corrosion, and 6) be inherently rot and decay resistant or be treated
to resist rot and decay.
b. All main building exterior wall construction materials that are exposed shall
be constructed of stone, brick, tiles, glazing, framed glazing, concrete
masonry units, cast concrete, concrete, stucco, or similar concrete -based
masonry materials, or a mixture of masonry materials.
C. Glazing, doors, windows and door frames, roof system trim, mansards, and
similar visible exterior architectural treatments shall be made of materials
consistent with standard construction materials used therefor. These
materials shall meet the general criteria noted above.
d. Materials that are deemed questionable by City staff of meeting the above
criteria shall, at staff's discretion, be submitted to the Board of Adjustment
for final decision.
e. Accessory buildings shall be constructed of materials consistent with the
main structure.
3.29
ORDINANCE NO. 1425-5-96
3.01(0) "0" OFFICE DISTRICT REGULATIONS
Purpose - This district is intended for office uses not dependent upon retail trade or
retail traffic for their operation. This district is designed to permit the location of
offices of any profession, trade, or service near their clients and minimize the effect
upon residential and commercial areas. The heights, setback, sign controls, and
parking regulations are intended to allow flexibility in design and maintain aesthetics
and neighborhood quality.
2. Use Regulations:
a. Any use listed as permissible in a "GO" Garden Office District.
b. Such uses as allowed under the Schedule of Uses section of this Ordinance.
C. Such uses as may be permitted under provisions of Section 2.06, Specific
Use Permits.
3. Height Regulations - The maximum height for the main building shall be two (2)
standard stories, but shall not exceed thirty-five (35) feet in height, provided that any
building or portion thereof may be erected above said limit if set back from all street
lines and required yard lines is one (1) foot for each one (1) foot of its height above
such limit. In no event, however, shall any building exceed one (1) standard story
when located within one hundred fifty (150) feet of any property zoned for
residential purposes.
4. Area Regulations:
a. Size of Yards:
Front Yards:
(a) There shall be a minimum front yard having a depth of not less than one
hundred (100) feet adjacent to any street with a right-of-way of one hundred
(100) feet or more.
(b) There shall be a minimum front yard having a depth of not less than
twenty-five (25) feet adjacent to any street with a right-of-way less than one
hundred (100) feet provided that any building or portion of a building greater
than 30 feet in height must be set back from the property line one (1) foot
for each one (1) foot above such limit with a maximum setback of 200 feet
regardless of the height of the building.
(c) Lots having double frontage shall provide the required setback from both
streets.
3.30
ORDINANCE NO. 1425-5-96
2. Side Yards:
(a) There shall be a minimum side yard for each side of the lot or tract on which
any single building or building complex is constructed of ten (10) feet
provided that any building or portion of a building greater than thirty (30)
feet in height must be set back from any side street, alley, or "R" district one
(1) foot for each one (1) foot above such limit with a maximum setback of
100 feet regardless of the height of the building.
(b) On corner lots the required front yard setback shall be provided on both
streets and such required yard may not be used for parking purposes.
3. Rear Yards - no rear yard is required, except that a rear yard of not less than fifty
(50) feet in depth shall be provided upon that portion of a lot abutting or across a
rear street from an "R" district.
(a) Lot Coverage - in no case shall more than fifty (50) per cent of the total lot
area be covered by the combined area of the main buildings and accessory
buildings.
(b) Floor Area Ratio - the ratio of total floor area of all buildings to total land
area shall be a maximum of 1:1.
5. Building Regulations -
Type of Materials -
a. It is the intent of this ordinance to have building exteriors constructed of
materials that are: 1) durable, 2) easily maintained, requiring minimal
maintenance and can be well maintained for the expected life of the facility,
3) aesthetically pleasing, 4) compatible with the intended use of the
surrounding environment, 5) be inherently corrosion resistant or be treated
to resist corrosion, and 6) be inherently rot and decay resistant or be treated
to resist rot and decay.
b. All main building exterior wall construction materials that are exposed shall
be constructed of stone, brick, tile, glazing, framed glazing, concrete
masonry units, cast concrete, concrete, stucco, or similar concrete -based
masonry materials, or a mixture of masonry materials.
C. Glazing, doors, windows and door frames, roof system trim, mansards, and
similar visible exterior architectural treatments shall be made of materials
consistent with standard construction materials used therefor. These
materials shall meet the general criteria noted above.
d. Materials that are deemed questionable by City staff of meeting the above
criteria shall, at staff's discretion, be submitted to the Board of Adjustment
for final decision.
e. Accessory buildings shall be constructed of materials consistent with the
main structure.
3.31
ORDINANCE NO. 1425-5-96
3.01(P) "LR" LOCAL RETAIL DISTRICT REGULATIONS
1. Purpose - This district is a limited retail category intended for use near
neighborhood areas for the purposes of supplying day to day retail needs of the
residents, such as food, drugs, and personal services. The area, height, yard,
parking, and screening regulations of the "LR" District are calculated to permit
neighborhood convenience facilities compatible with the adjacent residential areas
which they are intended to serve.
2. Use Regulations - a building or premise shall be used for the following purposes:
a. Any use permitted in an "O" District.
b. Such uses as allowed under the Schedule of Uses section of this Ordinance.
C. Other retail stores and personal services of similar nature and character
provided that the business establishment supplies the everyday shopping
needs of the immediate neighborhood and subject to the following
conditions:
(1) that it be conducted wholly within an enclosed building;
(2) the required yards not be used for display, sale or storage of
merchandise or for the storage of vehicles, equipment container, or
waste material.
(3) that all merchandise be new or unused and be sold at retail on the
premises.
(4) that such use be not objectionable because of odor, excessive light,
smoke, dust, noise, vibration or similar nuisance.
d. Accessory buildings and uses customarily incident to any of the above uses.
e. Such uses as may be permitted under provisions of Section 2.06, Specific
Use Permit.
3. Height Regulations: no building shall exceed thirty-five (35) feet or 2-1/2 stories in
height.
4. Area Regulations:
a. Size of Yards:
(1) Front Yards - there shall be a front yard having a minimum depth of
twenty-five (25) feet. No parking, storage or similar use shall be
allowed in required front yards, except that automobile parking will
be permitted in such yards if separated by at least 100 feet from any
"R" District.
3.32
ORDINANCE NO. 1425-5-96
(2) Side Yard - a side yard of not less than fifteen (15) feet in width shall
be provided on the side of a lot adjoining a side street, an alley, or
an "R" District. A side yard of not less than ten (10) feet in width
shall be provided on at least one side of any lot.
(3) Rear Yard - no rear yard is required except that a rear yard of not
less than twenty-five (25) feet in depth shall be provided upon that
portion of the lot abutting or across a rear street or alley from an "R"
District.
b. Lot Coverage - in no case shall more than forty (40) per cent of the total lot
area be covered by a combined area of the main buildings and accessory
buildings.
C. Floor Area Ratio - the ratio of total floor area of all buildings, to total land
area shall be a maximum of 1:1.67.
5. Building Regulations:
Type of Materials -
a. It is the intent of this ordinance to have building exteriors constructed of
materials that are: 1) durable, 2) easily maintained, requiring minimal
maintenance and can be well maintained for the expected life of the facility,
3) aesthetically pleasing, 4) compatible with the intended use of the
surrounding environment, 5) be inherently corrosion resistant or be treated
to resist corrosion, and 6) be inherently rot and decay resistant or be treated
to resist rot and decay.
b. All main building exterior wall construction materials that are exposed shall
be constructed of stone, brick, tiles, glazing, framed glazing, concrete
masonry units, cast concrete, concrete, stucco, or similar concrete -based
masonry materials, or a mixture of masonry materials.
Glazing, doors, windows and door frames, roof system trim, mansards, and
similar visible exterior architectural treatments shall be made of materials
consistent with standard construction materials used therefor. These
materials shall meet the general criteria noted above.
d. In lieu of the allowable building materials listed above, architecturally custom
designed metal buildings meeting the above -noted criteria shall be allowed.
Materials that are deemed questionable by City staff of meeting the above
criteria shall, at staff's discretion, be submitted to the Board of Adjustment
for final decision. Additional exterior materials may be considered in this
district for restaurants only for the purpose of accomplishing a style of
architecture design to carry out a theme or concept critical to the success
of the restaurant or typical of a chain of restaurants. Examples of such
materials include wood siding, timber/log construction, or simulated
timber/log construction, corrugated metal panels, etc.
3.33
ORDINANCE NO. 1425-5-96
e. Corrugated metal roofs and walls, Quonset but type buildings, and metal
siding and/or panels with exposed fasteners typical of pre-engineered
buildings, are prohibited, except as otherwise provided in this ordinance for
temporary uses.
Accessory buildings shall be constructed of materials consistent with the
main structure.
3.34
ORDINANCE NO. 1425-5-96
3.01(Q) "SC" SHOPPING CENTER DISTRICT REGULATIONS
1. Purpose - This district provides for medium intensity concentrations of shopping and
related commercial activity characteristic of the trend of urban development to the
decentralization of retail business facilities. The regulations in this district are
designed to make permissible uses compatible with adjacent residential area,
particularly of a multi -family type.
2. Use Regulations - a building or premise of this district shall be used for the following
purposes:
a. Any use listed as permissible in an "LR" District.
b. Such uses as allowed under the Schedule of Uses section of this Ordinance.
C. Such uses as may be permitted under the provisions of Section 2.06,
Specific Use Permits.
3. Height Regulations - no building shall exceed forty-five (45) feet or three (3) stories
in height, other than those specified in an "O" District.
4. Area Regulations:
a. Size of Yards:
(1) Front Yard - there shall be a front yard having a minimum depth of
twenty-five (25) feet. No parking, storage, or similar use shall be
allowed within 100 feet of any "R" District.
(2) Side Yard - a side yard of not less than fifteen (15) feet in width shall
be provided on the side of a lot adjoining a side street, alley, or "R"
District.
(3) Rear Yard - no rear yard is required except that a rear yard not less
than twenty-five (25) feet in depth shall be provided on that portion
of a lot abutting or across a rear street or alley from an "R" District.
b. Lot Coverage - in no case shall more than fifty (50) per cent of the total lot
area be covered by the combined area of the main buildings and accessory
buildings.
C. Floor Area Ratio - the ratio of total floor area of all buildings to total land
area shall be a maximum of 1:1.25.
3.35
ORDINANCE NO. 1425-5-96
5. Building Regulations:
Type of Materials -
a. It is the intent of this ordinance to have building exteriors constructed of
materials that are: 1) durable, 2) easily maintained, requiring minimal
maintenance and can be well maintained for the expected life of the facility,
3) aesthetically pleasing, 4) compatible with the intended use of the
surrounding environment, 5) be inherently corrosion resistant or be treated
to resist corrosion, and 6) be inherently rot and decay resistant or be treated
to resist rot and decay.
b. All main building exterior wall construction materials that are exposed shall
be constructed of stone, brick, tiles, glazing, framed glazing, concrete
masonry units, cast concrete, concrete, stucco, or similar concrete -based
masonry materials, or a mixture of masonry materials.
C. Glazing, doors, windows and door frames, roof system trim, mansards, and
similar visible exterior architectural treatments shall be made of materials
consistent with standard construction materials used therefor. These
materials shall meet the general criteria noted above.
d. In lieu of the allowable building materials listed above, architecturally custom
designed metal buildings meeting the above -noted criteria shall be allowed.
Materials that are deemed questionable by City staff of meeting the above
criteria shall, at staff's discretion, be submitted to the Board of Adjustment
for final decision. Additional exterior materials may be considered in this
district for restaurants only for the purpose of accomplishing a style of
architecture design to carry out a theme or concept critical to the success
of the restaurant or typical of a chain of restaurants. Examples of such
materials include wood siding, timber/log construction, or simulated
timber/log construction, corrugated metal panels, etc.
e. Corrugated metal roofs and walls, Quonset but type buildings, and metal
siding and/or panels with exposed fasteners typical of pre-engineered
buildings, are prohibited, except as otherwise provided in this ordinance for
temporary uses.
Accessory buildings shall be constructed of materials consistent with the
main structure.
3.36
ORDINANCE NO. 1425-5-96
3.01(R) "LC" LIGHT COMMERCIAL DISTRICT REGULATIONS
1. Purpose - The regulations in this district are designed to provide support services
for residential areas. This district is intended to be less intense than the "GB"
General Business District.
2. Use Regulations - A building or premise of this district shall be used for the following
purposes:
a. Any use listed as permissible in an "SC" District.
b. Such uses as allowed under the Schedule of Uses section of this Ordinance.
C. Such uses as may be permitted under the provisions of Section 2.06,
Specific Use Permit.
3. Height Regulations - no building shall exceed forty-five (45) feet or three (3) stories
in height, other than those specified in an "O" Office District.
4. Area Reoulations:
a. Size of Yards:
(1) Front Yard - there shall be a front yard having a minimum depth of
25 feet. No parking storage or similar use shall be allowed within
100 feet of any "R" district.
(2) Side Yard - a side yard of not less than 15 feet in width shall be
provided on the side of a lot adjoining a side street, alley, or "R"
district.
(3) Rear Yard - no rear yard is required except that a rear yard of not
less than 25 feet in depth shall be provided on that portion of a lot
abutting or across a rear street from an "R" district.
b. Lot Coverage - in no case shall more than fifty (50) per cent of the total lot
area shall be covered by the combined area of the buildings and accessory
buildings.
C. Floor Area Ratio - the ratio of total floor area of all buildings to total land
area shall be a maximum of 1:1.
3.37
ORDINANCE NO. 1425-5-96
5. Building Regulations:
Type of Materials -
a. It is the intent of this ordinance to have building exteriors constructed of
materials that are: 1) durable, 2) easily maintained, requiring minimal
maintenance and can be well maintained for the expected life of the facility,
3) aesthetically pleasing, 4) compatible with the intended use of the
surrounding environment, 5) be inherently corrosion resistant or be treated
to resist corrosion, and 6) be inherently rot and decay resistant or be treated
to resist rot and decay.
b. All main building exterior wall construction materials that are exposed shall
be constructed of stone, brick, tiles, glazing, framed glazing, concrete
masonry units, cast concrete, concrete, stucco, or similar concrete -based
masonry materials, or a mixture of masonry materials.
C. Glazing, doors, windows and door frames, roof system trim, mansards, and
similar visible exterior architectural treatments shall be made of materials
consistent with standard construction materials used therefor. These
materials shall meet the general criteria noted above.
d. In lieu of the allowable building materials listed above, architecturally custom
designed metal buildings meeting the above -noted criteria shall be allowed.
Materials that are deemed questionable by City staff of meeting the above
criteria shall, at staff's discretion, be submitted to the Board of Adjustment
for final decision. Additional exterior materials may be considered in this
district for restaurants only for the purpose of accomplishing a style of
architecture design to carry out a theme or concept critical to the success
of the restaurant or typical of a chain of restaurants. Examples of such
materials include wood siding, timber/log construction, or simulated
timber/log construction, corrugated metal panels, etc.
e. Corrugated metal roofs and walls, Quonset but type buildings, and metal
siding and/or panels with exposed fasteners typical of pre-engineered
buildings, are prohibited, except as otherwise provided in this ordinance for
temporary uses.
Accessory buildings shall be constructed of materials consistent with the
main structure.
3.38
ORDINANCE NO. 1425-5-96
3.01(S) "GB" GENERAL BUSINESS DISTRICT REGULATIONS
1. Purpose - This district provides for high intensity concentrations of commercial
activities along major thoroughfares and is a transition from lighter business to
industrial and manufacturing uses.
2. Use Regulations:
a. Any use permitted in an "SC" District.
b. Veterinarian clinic (with outside runs), provided no such building, kennel or
exercise runway shall be closer than one hundred (100) feet to any "R"
District.
C. Pet store or kennel (with outside runs), provided that no such building,
kennel or exercise runway shall be closer than one hundred (100) feet to
any "R" District.
d. Such uses as allowed under the Schedule of Uses section of this Ordinance.
e. Such uses as may be permitted under the provisions of Section 2.06,
Specific Use Permits.
3. Height Regulations - no building shall exceed forty-five (45) feet in height except
that no building shall exceed thirty-five (35) feet when located within three hundred
(300) feet of an "R" District.
4. Area Regulations:
a. Size of Yards:
(1) Front Yard - there shall be a front yard having a minimum depth of
twenty-five (25) feet.
(2) Side Yard - a side yard of not less than fifteen (15) feet in width shall
be provided on the side of a lot adjoining a side street, alley or "R"
District.
(3) Rear Yard - no rear yard is required except that a rear yard of not
less than twenty-five (25) feet in depth shall be provided on that
portion of the lot abutting or across a rear street or alley from an "R"
District.
b. Lot Coverage - no requirement except that required by establishment of
yards or landscaping requirements.
C. Flood Area Ratio - the ratio of total floor area of all buildings to total land
area shall be a maximum of 2:1.
3.39
ORDINANCE NO. 1425-5-96
Type of Materials -
a. It is the intent of this ordinance to have building exteriors constructed of
materials that are: 1) durable, 2) easily maintained, requiring minimal
maintenance and can be well maintained for the expected life of the facility,
3) aesthetically pleasing, 4) compatible with the intended use of the
surrounding environment, 5) be inherently corrosion resistant or be treated
to resist corrosion, and 6) be inherently rot and decay resistant or be treated
to resist rot and decay.
b. All main building exterior wall construction materials that are exposed shall
be constructed of stone, brick, tiles, glazing, framed glazing, concrete
masonry units, cast concrete, concrete, stucco, or similar concrete -based
masonry materials, or a mixture of masonry materials.
C. Glazing, doors, windows and door frames, roof system trim, mansards, and
similar visible exterior architectural treatments shall be made of materials
consistent with standard construction materials used therefor. These
materials shall meet the general criteria noted above.
d. In lieu of the allowable building materials listed above, architecturally custom
designed metal buildings meeting the above -noted criteria shall be allowed.
Materials that are deemed questionable by City staff of meeting the above
criteria shall, at staff's discretion, be submitted to the Board of Adjustment
for final decision. Additional exterior materials may be considered in this
district for restaurants only for the purpose of accomplishing a style of
architecture design to carry out a theme or concept critical to the success
of the restaurant or typical of a chain of restaurants. Examples of such
materials include wood siding, timber/log construction, or simulated
timber/log construction, corrugated metal panels, etc.
e. Corrugated metal roofs and walls, Quonset but type buildings, and metal
siding and/or panels with exposed fasteners typical of pre-engineered
buildings, are prohibited, except as otherwise provided in this ordinance for
temporary uses.
Accessory buildings shall be constructed of materials consistent with the
main structure.
3.40
ORDINANCE NO. 1425-5-96
3.01(T) "CC" CORRIDOR COMMERCIAL DISTRICT REGULATIONS
Purpose - This district is characterized by development of high intensity retail,
offices, and light industrial uses in selected locations along the U.S. 75 and S.H.
121 corridor. The regulations in this district are intended to preserve a high quality
business park and employment center with regard to architecture, aesthetics, noise,
access and circulation. Additional uses include entertainment and lodging.
2. Use Regulations - A building or premise shall be used for the following purposes:
a. Such uses as allowed under the Schedule of Uses section of this Ordinance.
b. Such uses as may be permitted under the provisions of Section 2.06,
Specific Use Permit.
3. Height Regulations - The maximum height for the main building shall be two (2)
standard stories, but shall not exceed thirty-five (35) feet in height, provided that
any building or portion thereof may be erected above said limit if set back from all
street lines and required yard lines is one (1) foot for each one (1) foot of its height
above such limit. In no event, however, shall any building exceed one (1) standard
story when located within one hundred fifty (150) feet of any property zoned for
residential purposes.
4. Area Regulations -
a. Front Yard
(1) There shall be a minimum front yard having a depth of not less than
100 feet (adjacent to any street with a right-of-way of 100 feet or
more).
(2) There shall be a minimum front yard having a depth of not less than
50 feet, provided that any building or portion of building greater than
45 feet in height must be set back from property lines one foot for
each one foot above such limit, with a maximum setback of 200 feet,
regardless of the height of the building.
(3) Lots having double frontage shall provide the required setback from
both streets.
(4) No parking, storage, or similar uses shall be allowed in required front
yard in this district.
b. Side Yard
(1) There shall be a minimum side yard for each side of the tract or lot
on which any single building or buildings complex is constructed of
25 feet, provided that any building or portion of building greater than
25 feet in height must be set back from any side street, alley, or "R"
district one foot for each one foot above such limit, with a maximum
setback of 100 feet, regardless of the height of the building.
3.41
ORDINANCE NO. 1425-5-96
C. Rear Yard
(1) There shall be a minimum rear yard of 25 feet except a rear yard of
not less than 50 feet in depth shall be provided upon that portion of
a lot abutting or across a rear street or alley from an "R" district,
however, any building exceeding 45 feet in height must be set back
one foot for each one foot above such limit, with a maximum setback
of 100 feet regardless of the height of the building.
d. Lot Coverage - No requirement except that required by establishment of
yard or landscaping requirements.
e. Floor Area Ratio - the ratio of total floor area of all buildings to total land
area shall be as follows:
Office or Industrial Uses: 1:1
Retail Uses: .3:1
5. Building Regulations
Type of Materials -
a. It is the intent of this ordinance to have building exteriors constructed of
materials that are: 1) durable, 2) easily maintained, requiring minimal
maintenance and can be well maintained for the expected life of the facility,
3) aesthetically pleasing, 4) compatible with the intended use of the
surrounding environment, 5) be inherently corrosion resistant or be treated
to resist corrosion, and 6) be inherently rot and decay resistant or be treated
to resist rot and decay.
b. All main building exterior wall construction materials that are exposed shall
be constructed of stone, brick, tiles, glazing, framed glazing, concrete
masonry units, cast concrete, concrete, stucco, or similar concrete -based
masonry materials, or a mixture of masonry materials.
C. Glazing, doors, windows and door frames, roof system trim, mansards, and
similar visible exterior architectural treatments shall be made of materials
consistent with standard construction materials used therefor. These
materials shall meet the general criteria noted above.
d. In lieu of the allowable building materials listed above, architecturally custom
designed metal buildings meeting the above -noted criteria shall be allowed.
Materials that are deemed questionable by City staff of meeting the above
criteria shall, at staff's discretion, be submitted to the Board of Adjustment
for final decision. Additional exterior materials may be considered in this
district for restaurants only for the purpose of accomplishing a style of
architecture design to carry out a theme or concept critical to the success
of the restaurant or typical of a chain of restaurants. Examples of such
materials include wood siding, timber/log construction, or simulated
timber/log construction, corrugated metal panels, etc.
3.42
ORDINANCE NO. 1425-5-96
e. Corrugated metal roofs and walls, Quonset but type buildings, and metal
siding and/or panels with exposed fasteners typical of pre-engineered
buildings, are prohibited, except as otherwise provided in this ordinance for
temporary uses.
Accessory buildings shall be constructed of materials consistent with the
main structure.
3.43
ORDINANCE NO. 1425-5-96
3.01(U) "IT" INDUSTRIAL TECHNOLOGY DISTRICT
Purpose - This district is characterized by development of industrial parks for the
purpose of light distribution, processing, and manufacturing. The regulations in this
district are intended to provide for a campus type of development for building sites
to accommodate land uses on tracts that average four acres or more. Outside
storage, which includes, but is not limited to, equipment, machinery, commodities,
raw, semifinished materials, and building materials, that is visible from the building
lot line at ground level is not allowed in this district.
2. Use Regulations -
a. Such uses as allowed under the Schedule of Uses section of this Ordinance.
b. Such uses as may be permitted under the provisions of Section 2.06,
Specific Use Permit.
3. Height Regulations - The maximum height for the main building shall be three (3)
standard stories but shall not exceed forty-five (45) feet in height provided that any
building or portion thereof may be erected above said limit if set back from all street
lines and required yard lines is one (1) foot for each one (1) foot of its height above
said limit. In no event, however, shall any building exceed thirty-five (35) feet in
height when located within two hundred (200) feet of any property zoned for
residential purposes.
4. Area Regulations:
a. Size of Yard:
(1) Front Yard:
(a) There shall be a minimum front yard having a depth of not
less than one hundred (100) feet adjacent to any street with
a right-of-way of one hundred (100) feet or more.
(b) There shall be a minimum front yard having a depth of not
less than fifty (50) feet adjacent to any street with a
right-of-way less than one hundred (100) feet provided that
any building or portion of a building greater than forty-five
(45) feet in height must be set back from the property line
one (1) foot for each one (1) foot above such limit with a
maximum setback of two hundred (200) feet regardless of
the height of the building.
(c) Lots having double frontage shall provide the required
setback from both streets.
(d) No parking storage or similar uses shall be allowed in
required front yards in District "IT."
3.44
ORDINANCE NO. 1425-5-96
(2) Side Yards: there shall be a minimum side yard for each side of the
tract or lot in which any single building or buildings complex is
constructed of twenty-five (25) feet provided that any building or
portion of a building greater than forty-five (45) feet in height must be
set back from any side street, alley or "R" District one (1) foot for
each one (1) foot above such limit with a maximum setback of one
hundred (100) feet regardless of the height of the building.
(3) Rear Yard: there shall be a minimum rear yard of twenty-five (25)
feet except that a rear yard of not less than fifty (50) feet in depth
shall be provided upon that portion of a lot abutting or across a rear
street or alley from an "R" District; however, any building exceeding
forty-five (45) feet in height must be set back one (1) foot for each
one (1) foot above such limit, with a maximum setback of one
hundred (100) feet regard less of the height of the building.
b. Lot Coveraoe - no requirement except that required by establishment of
yards or landscaping requirements.
C. Floor Area Ratio - the ratio of the total floor area of all buildings to the total
land area shall be a maximum of 1:2. No lot shall be less than two acres,
with an average lot size of four acres.
5. Building Regulations:
Type of Materials -
a. It is the intent of this ordinance to have building exteriors constructed of
materials that are: 1) durable, 2) easily maintained, requiring minimal
maintenance and can be well maintained for the expected life of the facility,
3) aesthetically pleasing, 4) compatible with the intended use of the
surrounding environment, 5) be inherently corrosion resistant or be treated
to resist corrosion, and 6) be inherently rot and decay resistant or be treated
to resist rot and decay.
b. All main building exterior wall construction materials that are exposed shall
be constructed of stone, brick, tiles, glazing, framed glazing, concrete
masonry units, cast concrete, concrete, stucco, or similar concrete -based
masonry materials, or a mixture of masonry materials.
C. Glazing, doors, windows and door frames, roof system trim, mansards, and
similar visible exterior architectural treatments shall be made of materials
consistent with standard construction materials used therefor. These
materials shall meet the general criteria noted above.
d. In lieu of the allowable building materials listed above, architecturally custom
designed metal buildings meeting the above -noted criteria shall be allowed.
Materials that are deemed questionable by City staff of meeting the above
criteria shall, at staff's discretion, be submitted to the Board of Adjustment
for final decision.
3.45
ORDINANCE NO. 1425-5-96
e. Corrugated metal roofs and walls, Quonset but type buildings, and metal
siding and/or panels with exposed fasteners typical of pre-engineered
buildings, are prohibited, except as otherwise provided in this ordinance for
temporary uses.
Accessory buildings shall be constructed of materials consistent with the
main structure.
3.46
ORDINANCE NO. 1425-5-96
3.01(V) "LI" LIGHT INDUSTRIAL DISTRICT REGULATIONS
Purpose - This district is characterized by development of industrial parks for the
purpose of light distribution, processing, and manufacturing. The regulations in this
district are intended to preserve a light industrial nature particularly with regard to
architecture, aesthetics, noise, odor, dust, and other noxious conditions.
2. Use Regulations:
a. Such uses as allowed under the Schedule of Uses section of this Ordinance.
b. Such uses as may be permitted under the provisions of Section 2.06,
Specific Use Permit.
C. Areas designated on the Official Zoning Map as "LI(C)" shall be subject to
the regulations of this "LI" District, with the exception that miniwarehouses
are not allowed.
3. Height Regulations - the maximum height for the main building shall be three (3)
standard stories but shall not exceed forty-five (45) feet in height provided that any
building or portion thereof may be erected above said limit if set back from all street
lines and required yard lines is one (1) foot for each one (1) foot of its height above
said limit. In no event, however, shall any building exceed thirty-five (35) feet in
height when located within two hundred (200) feet of any property zoned for
residential purposes.
4. Area Regulations:
a. Size of Yards:
(1) Front Yard:
(a) There shall be a minimum front yard having a depth of not
less than one hundred (100) feet adjacent to any street with
a right-of-way of one hundred (100) feet or more.
(b) There shall be a minimum front yard having a depth of not
less than fifty (50) feet adjacent to any street with a
right-of-way less than one hundred (100) feet provided that
any building or portion of a building greater than forty-five
(45) feet in height must be set back from the property line
one (1) foot for each one (1) foot above such limit with a
maximum setback of two hundred (200) feet regardless of
the height of the building.
(c) Lots having double frontage shall provide the required
setback from both streets.
(d) No storage or similar uses shall be allowed in required front
yards in District "LI."
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ORDINANCE NO. 1425-5-96
(2) Side Yards - there shall be a minimum side yard for each side of the
tract or lot on which any single building or buildings complex is
constructed of twenty-five (25) feet provided that any building or
portion of a building greater than forty-five (45) feet in height must be
set back from any side street, alley or "R" District one (1) foot for
each one (1) foot above such limit with a maximum setback of one
hundred (100) feet regardless of the height of the building.
(3) Rear Yard - there shall be a minimum rear yard of twenty-five (25)
feet except that a rear yard of not less than fifty (50) feet in depth
shall be provided upon that portion of a lot abutting or across a rear
street or alley from an "R" District; however, any building exceeding
forty-five (45) feet in height must be set back one (1) foot for each
one (1) foot above such limit, with a maximum setback of one
hundred (100) feet regardless of the height of the building.
b. Lot Coverage - no requirement except that required by establishment of
yards or landscaping requirements.
C. Floor Area Ratio - the ratio of total floor area of all buildings to total land
area shall be a maximum of 1:1.
5. Building Regulations:
Type of Materials -
a. It is the intent of this ordinance to have building exteriors constructed of
materials that are: 1) durable, 2) easily maintained, requiring minimal
maintenance and can be well maintained for the expected life of the facility,
3) aesthetically pleasing, 4) compatible with the intended use of the
surrounding environment, 5) be inherently corrosion resistant or be treated
to resist corrosion, and 6) be inherently rot and decay resistant or be treated
to resist rot and decay.
b. All main building exterior wall construction materials that are exposed shall
be constructed of stone, brick, tiles, glazing, framed glazing, concrete
masonry units, cast concrete, concrete, stucco, or similar concrete -based
masonry materials, or a mixture of masonry materials.
C. Glazing, doors, windows and door frames, roof system trim, mansards, and
similar visible exterior architectural treatments shall be made of materials
consistent with standard construction materials used therefor. These
materials shall meet the general criteria noted above.
d. In lieu of the allowable building materials listed above, architecturally custom
designed metal buildings meeting the above -noted criteria shall be allowed.
Materials that are deemed questionable by City staff of meeting the above
criteria shall, at staff's discretion, be submitted to the Board of Adjustment
for final decision.
3.48
ORDINANCE NO. 1425-5-96
e. Corrugated metal roofs and walls, Quonset but type buildings, and metal
siding and/or panels with exposed fasteners typical of pre-engineered
buildings, are prohibited, except as otherwise provided in this ordinance for
temporary uses.
Accessory buildings shall be constructed of materials consistent with the
main structure.
3.49
ORDINANCE NO. 1425-5-96
3.01(W) "GI" GENERAL INDUSTRIAL DISTRICT REGULATIONS
1. Purpose - This district is designed to accommodate those industrial warehousing
and manufacturing uses characterized by primary indoor operations with some
outdoor storage associated with the uses and that do not emit noxious odors,
noises, dust, smoke, vibrations or other potential hazards.
2. Use Regulations - The following uses are permitted in the "GI" District. The uses
permitted in this district are normally not compatible with residential uses.
a. Any use permitted in the "LI" District.
b. Such uses as allowed under the Schedule of Uses section of this Ordinance.
C. Such uses as may be permitted under the provisions of Section 2.06,
Specific Use Permits.
3. Height Regulations - The maximum height for the main building shall be three (3)
standard stories but shall not exceed forty-five (45) feet in height provided that any
building or portion thereof may be erected above the said limit if setbacks from all
streets and required yard lines is an additional one (1) foot for each one (1) foot of
its height above said limit.
4. Area Regulations:
a. Size of Yards:
(1) Front Yard:
(a) There shall be a minimum front yard having a depth of not
less than fifty (50) feet adjacent to any street with a
right-of-way of one hundred (100) feet or more.
(b) There shall be a minimum front yard having a depth of not
less than twenty-five (25) feet adjacent to any street with a
right-of-way less than one hundred (100) feet provided that
any building or portion of a building greater than forty-five
(45) feet in height must be set back from the property line
one (1) foot for each one (1) foot above such limit with a
maximum setback of two hundred (200) feet regardless of
the height of the building.
(c) Lots having double frontage shall provide the required
setback from both streets.
(d) No parking, storage, or similar uses shall be allowed in
required front yards in "GI" Districts.
(2) Side Yards - there shall be a minimum side yard for each side of the
tract or lot on which a single building or building complex is
constructed of twenty-five (25) feet.
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ORDINANCE NO. 1425-5-96
(3) Rear Yard - there shall be a minimum rear yard of twenty-five (25)
feet except any building exceeding forty-five (45) feet in height must
be set back one (1) foot for each one (1) foot above such limit with
a maximum setback of one hundred (100) feet regardless of the
height of the building. A rear yard of fifty (50) feet shall be required
on that portion of a lot abutting or across a rear street or alley from
an "R" District.
b. Lot Coverage - no requirement except that required by establishment of
yards or landscaping requirements.
C. Floor Area Ratio - the ratio of floor area of all buildings to total land shall be
a maximum of 1:1.
5. Type of Materials -
a. It is the intent of this ordinance to have building exteriors constructed of
materials that are: 1) durable, 2) easily maintained, requiring minimal
maintenance and can be well maintained for the expected life of the facility,
3) aesthetically pleasing, 4) compatible with the intended use of the
surrounding environment, 5) be inherently corrosion resistant or be treated
to resist corrosion, and 6) be inherently rot and decay resistant or be treated
to resist rot and decay.
b. All main building exterior wall construction materials that are exposed shall
be constructed of stone, brick, tiles, glazing, framed glazing, concrete
masonry units, cast concrete, concrete, stucco, or similar concrete -based
masonry materials, or a mixture of masonry materials.
C. Glazing, doors, windows and door frames, roof system trim, mansards, and
similar visible exterior architectural treatments shall be made of materials
consistent with standard construction materials used therefor. These
materials shall meet the general criteria noted above.
d. In lieu of the allowable building materials listed above, architecturally custom
designed metal buildings meeting the above -noted criteria shall be allowed.
Materials that are deemed questionable by City staff of meeting the above
criteria shall, at staffs discretion, be submitted to the Board of Adjustment
for final decision.
e. Corrugated metal roofs and walls, Quonset but type buildings, and metal
siding and/or panels with exposed fasteners typical of pre-engineered
buildings, are prohibited, except as otherwise provided in this ordinance for
temporary uses.
Accessory buildings shall be constructed of materials consistent with the
main structure.
3.51
ORDINANCE NO. 1425-5-96
3.01(X) "HI" HEAVY INDUSTRIAL DISTRICT REGULATIONS
Purpose - This district is designed to accommodate general and heavy
manufacturing uses and storage of items which by their nature are not compatible
with other industrial uses. Manufacturing uses not specifically classified by this
ordinance are intended to be located in this district. The uses allowed in this district
are not intended to be located adjacent to any "R" District.
2. Use Regulations:
a. Any use allowed in a "LI" or "GI" District.
b. Such uses as allowed under the Schedule of Uses section of this Ordinance.
C. Wrecking yards and junk yards but only on the condition that the premises
upon which such activities are conducted are wholly enclosed within a
building or by a fence, wall, or living plant screen not less than eight (8) feet
in height and in accordance with the requirements as provided in Section
3.07, Fences and Walls.
d. Such uses as may be permitted under the provisions of Section 2.06,
Specific Use Permits.
3. Height Regulations - the maximum height for the main building shall be three(3)
standard stories, but shall not exceed forty-five (45) feet in height provided that any
building or portion thereof may be erected above said limit if set back from off street
lines and required yard lines is one (1) foot for each one (1) foot of its height above
said limit.
4. Area Regulations:
a. Size of Yards:
(1) Front Yard:
(a) There shall be a minimum front yard having a depth of not
less than fifty (50) feet adjacent to any street with a right-
of-way of one hundred (100) feet or more.
(b) There shall be a minimum front yard having a depth of not
less than twenty-five (25) feet adjacent to any street with a
right-of-way less than one hundred (100) feet provided that
any building or portion of a building greater than forty-five
(45) feet in height must be set back from the property line
one (1) foot for each one (1) foot above said limit with a
maximum setback of two hundred (200) feet regardless of
the height of the building.
C. Lots having double frontage shall provide a required setback from both
streets.
3.52
ORDINANCE NO. 1425-5-96
d. No required parking, storage or similar uses shall be allowed in a required
front yard in District "HI."
(2) Side Yards - there shall be a minimum side yard for each side of the
tract or lot on which any single building or building complexes
constructed of twenty-five (25) feet provided that any building or
portion of a building greater than forty-five (45) feet in height must be
set back one (1) foot for each one (1) foot above such limit with a
maximum setback of one hundred (100) feet regardless of the height
of the building.
(3) Rear Yard - there shall be a minimum rear yard of twenty-five (25)
feet except any building exceeding forty-five (45) feet in height must
be set back one (1) foot for each one (1) foot above such limit with
a maximum setback of one hundred (100) feet regardless of the
height of the building.
b. Lot Coveraae - no requirement except that required by establishment of
yards or landscaping requirements.
C. Floor Area Ratio - the ratio of total floor area of all buildings to total land
areas shall be a maximum of 1:1.
5. Building Regulations:
Type of Materials -
a. It is the intent of this ordinance to have building exteriors constructed of
materials that are: 1) durable, 2) easily maintained, requiring minimal
maintenance and can be well maintained for the expected life of the facility,
3) aesthetically pleasing, 4) compatible with the intended use of the
surrounding environment, 5) be inherently corrosion resistant or be treated
to resist corrosion, and 6) be inherently rot and decay resistant or be treated
to resist rot and decay.
b. All main building exterior wall construction materials that are exposed shall
be constructed of stone, brick, tiles, glazing, framed glazing, concrete
masonry units, cast concrete, concrete, stucco, or similar concrete -based
masonry materials, or a mixture of masonry materials.
C. Glazing, doors, windows and door frames, roof system trim, mansards, and
similar visible exterior architectural treatments shall be made of materials
consistent with standard construction materials used therefor. These
materials shall meet the general criteria noted above.
d. In lieu of the allowable building materials listed above, architecturally custom
designed metal buildings meeting the above -noted criteria shall be allowed.
Materials that are deemed questionable by City staff of meeting the above
criteria shall, at staff's discretion, be submitted to the Board of Adjustment
for final decision.
3.53
ORDINANCE NO. 1425-5-96
e. Corrugated metal roofs and walls, Quonset but type buildings, and metal
siding and/or panels with exposed fasteners typical of pre-engineered
buildings, are prohibited, except as otherwise provided in this ordinance for
temporary uses.
Accessory buildings shall be constructed of materials consistent with the
main structure.
3.54
ORDINANCE NO. 1425-5-96
3.01(Y) "PD" PLANNED DEVELOPMENT DISTRICT REGULATIONS
1. Purpose - It is the intended purpose of this zoning district to provide developers of property
the opportunity to seek variances in consideration of special requirements that are
associated with that specific property. Property may be classified as a Planned
Development District or in association with a specific zoning district identified herein.
When a PD is associated with a specific zoning district identified herein, then the area and
use regulations of said or equivalent district shall apply, unless specifically addressed within
the PD ordinance.
2. Use Regulations - A building or premise in this zoning district may only be used for those
uses that are specifically identified within said ordinance. If the PD ordinance is associated
with a specific zoning district identified herein, then the uses allowed in that associated
district shall apply.
3. Height. Lot. and Yard Requirements - The height, lot and yard requirements shall conform
to the area regulations that are identified within said ordinance. If the PD ordinance is
associated with a specific zoning district identified herein, then the standards of the
associated district shall apply.
4. Open Space Requirement - For each seventy-five (75) dwelling units, one (1) acre of land
shall be designated and appropriately developed as open or recreation space. The flood
fringe area may be used to satisfy this requirement; however, the floodway shall not
contribute to the satisfaction of this open space requirement.
5. Special Conditions - The following special conditions shall apply to uses located in this
zoning district:
a. All requirements of the Subdivision Regulations shall apply to the PD, except those
variances that are specifically identified within said ordinance.
b. The owner shall provide such other sketches, diagrams, and calculations necessary
to determine whether the proposed development conforms with the provisions of the
district and to determine the effect of the proposed development on population
densities, streets, utilities, schools, recreation, and other community facilities in the
area. Such site plans, sketches, diagrams, and calculations shall become a part of
the amendment for the "PD" district and shall form the basis for issuance of a
building permit on conformity therewith.
C. Every planned development district approved under these provisions shall be
considered as an amendment to the Zoning Ordinance. The City Council may
impose conditions on said property, and those conditions must be satisfied before
a Certificate of Occupancy can be issued.
d. All planned development districts approved in accordance with the provisions of this
Ordinance in its original form or by subsequent amendments thereto shall be
referenced on the Zoning District Map and a list of such planned development
districts.
3.55
ORDINANCE NO. 1425-5-96
e. A public hearing shall be held on any site plan required as a condition of a planned
development district when such plan is submitted or whenever significant changes
are proposed in such plan, and the public hearing shall be subject to the same
procedure of notice as is specified for amending the Zoning Ordinance.
3.56
ORDINANCE NO. 1425-5-96
3.01(Z) "CF" COMMUNITY FACILITIES DISTRICT REGULATIONS
1. Purpose - This district provides for those educational, recreational, religious,
municipal, and related institutional uses intended to serve the welfare of the
community.
2. Use Regulations - A building or premise shall be used only for the following
purposes:
a. Such uses as allowed under the Schedule of Uses section of this Ordinance.
b. Utility buildings and structures housing City services, including water tanks
and reservoirs, water and sewage treatment plants, and related facilities for
provision of public utilities.
C. Such uses as may be permitted under the provisions of Section 2.06,
Specific Use Permits.
3. Height Regulations - The height limits of the most permissive, adjacent zoning
district shall apply, except that the City Council shall have authority to grant
variances to those regulations.
4. Area Regulations - The area regulations of the most permissive, adjacent zoning
district shall apply, except that the City Council shall have authority to grant
variances to those regulations.
5. Site Plan Required - A Site Plan shall be submitted to the Department of Community
Development prior to the issuance of any building permits in a Community Facilities
District.
3.57
ORDINANCE NO. 1425-5-96
3.01 (AA) "FP" FLOOD PLAIN DISTRICT (PREFIX) REGULATIONS
Purpose - This district designation may be appended to any other district, and is
intended to protect the land owner, land user, and the general public against the
hazards incurred in the occupancy of land which is subjected to the potential of
flooding conditions within the 100 -year flood plain of any stream, river, or other
watercourse.
2. Use Regulations - Land, buildings, and premises shall be used only for the following
purposes:
a. Such uses as allowed under the Schedule of Uses section of this Ordinance.
b. Such uses as may be permitted under the provisions of Section 2.06,
Specific Use Permits.
3. Special Conditions - The following special conditions shall apply to uses located in
any zoning district to which the "FP" designation has been appended.
a. No building or structure shall be erected in that portion of any district
designated with a Flood Plain "FP" prefix until, and unless, such building or
structure has been approved by the City Engineer in accordance with the
City of Allen Flood Ordinance, who will ascertain that such building or
structure is not subject to damage by flooding and would not constitute an
encroachment, hazard or obstacle to the movement of flood waters and that
such construction would not endanger the value and safety of other property
or the public health and welfare.
b. Any dump, excavation, storage, filling or mining operation within that portion
of a district having a Flood Plain "FP" prefix shall be approved in writing by
the City Engineer before such operation is begun.
C. An area may be removed from the Flood Plain "FP" prefix designation when
by the provision of drainage works, grading, flood protection or specific
drainage study, it is determined by the City Engineer that the flood hazard
has been alleviated. Removal of the Flood Plain "FP" prefix shall be
accomplished by resolution of the City Council, after written notification from
the City Engineer advising of the removal of the flood hazard.
d. The fact that land is, or is not, within a district having a Flood Plain "FP"
prefix shall not be interpreted as assurance that such land or area is, or is
not, subject to periodic local flooding.
3.58
ORDINANCE NO. 1425-5-96
3.01(AB)"CBD CENTRAL BUSINESS DISTRICT REGULATIONS
Purpose - The Central Business District recognizes that certain older sections of the
Downtown Business Area were developed without established or minimum building
lines and without off-street parking. The CBD is provided to accommodate this
existing development, encourage compatible future development, and to provide for
mixed uses and shall allow the day-to-day retail service, commercial, and housing
needs required by the community. The community shall have only one contiguous
Central Business District.
It is recognized that certain wood frame structures located within the boundaries of
the CBD Zoning District may reflect a significant need for preservation in their
natural state because of their age and design. The Central Business District is not
intended to require the removal or demolition of these structures for redevelopment
purposes, but, rather to recognize that conversion of these certain structures will
add to the character and viability of the CBD as long as they otherwise comply with
all City codes and ordinances.
2. General Use Classifications - It is the intent of the development of the Central
Business District to categorize primary uses into general use classifications. It is
also the intent of the Central Business District to not allow Industrial, Heavy
Commercial, Manufacturing uses, or the construction of Single Family Detached
housing. It is further the intent of the Central Business District that Retail,
Retail/Service, Commercial, or Multi -family uses not be allowed to occur in existing
single-family detached dwellings either by principal uses or incidental uses which
exceed the allowable limits of the Home Occupation Section of this Ordinance
without issuance of a Certificate of Occupancy for such new uses. To encourage
redevelopment in the CBD, neither existing single-family detached dwellings nor any
structure changing use shall be allowed to convert to Retail, Retail/Service
Commercial or Multi -family uses without meeting the requirements of the Zoning,
Subdivision, and Building Ordinances of the City of Allen. General Use
Classifications to encourage development of the Central Business District shall
include:
Retail - Retail goods sold at first hand satisfying the everyday needs to
general households. Uses allowed are those stated in the Schedule of Uses
such as apparel, furniture, appliances lawn mowers and garden tools,
jewelry, toys, and pharmaceutical needs.
Retail/Service - Retail/Service uses shall include public required services as
well as service and repairs associated with a related, product incidental to
the allowable retail uses. Uses allowed are those stated in the Schedule of
Uses such as barber and beauty shops, shoe repairs, small equipment and
tool rentals (no trucks or trailers), eating establishments to serve the needs
of the Central Business District (no drive-in service), TV and appliance
repairs, business offices, medical facilities, and small animal clinics (no
outside runs).
III. Commercial - Commercial uses shall include those uses stated in the
Schedule of Uses such as retail warehousing, contractor shops (totally
3.59
ORDINANCE NO. 1425-5-96
enclosed), light assembly, parking lots, public parking garages, tool and
equipment rental centers and public buildings and structures.
IV. Residential - Allowable residential uses in the Central Business District shall
be those stated in the Schedule of Uses such as hotels, motels,
condominiums, single family attached dwellings, and multi -family
development. Maximum densities allowed for standard multi -family rental
units shall not exceed twenty-four (24) units per acre.
Schedule of Uses - General use classifications located under the CBD
column in the Schedule of Uses, categorizes under I, II, III, or IV, the
classification of primary uses. All other symbols within this column hold the
same meaning as those shown on page 30 of the Comprehensive Zoning
Ordinance.
3. Height and Area Regulations
a. No structure may exceed forty-five (45) feet in height in the Central
Business District unless one (1) foot of the front yard building line is
established for every one (1) foot of height exceeded over the forty-five (45)
feet allowed.
b. The development in the Central Business District will not require minimum
or maximum lot coverage or building lines except to satisfy ingress and
egress, needs for fire protection, necessary utility easements, off-street
parking and loading facilities, and allowable outdoor display.
C. Accessory buildings shall be limited to one (1) accessory building per use
and located separate and no closer than fifteen (15) feet to the main
building.
d. Existing single family detached dwellings may continue in this district and be
allowed to expand to the building line requirement set forth in the single
family districts under "R-5" regulations.
4. Allowable On -street Parking - With the exception of those located on existing or
future major thoroughfares, retail and service uses existing or developed on
dedicated city streets of eighty (80) feet of right-of-way or greater, may improve
streets along the frontage of their property to City standards to include on -street
parking and such spaces shall be allowed to be used to satisfy a portion of the
required off-street parking spaces for each development. On -street parking spaces
allowed may not be used for employee parking, vehicle storage, or loading and
unloading facilities.
Off-street Parking Required - Section 3.03, Vehicle Parking of the Comprehensive
Zoning Ordinance shall provide parking requirements for the Central Business
District. Uses and structures not located on streets with a right-of-way of eighty (80)
feet or greater or those located on existing or projected major thoroughfares shall
be required to maintain total off-street parking in accordance with Section 3.03 of
the Comprehensive Zoning Ordinance.
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ORDINANCE NO. 1425-5-96
5. Site Plan Approval - Approval of a Site Plan shall be required for all development
in the Central Business District. Section 2.09, Site Plan Approval, of this Ordinance
shall apply as required procedures to development within the Central Business
District.
6. Performance Standards
a. Noise levels shall not exceed the outer walls of the occupancy in any
development allowed in I, II, III, of the General Use Classifications.
b. Outside storage is allowed only with development in II and III of the General
Use Classifications. Such outside storage associated with these areas shall
be limited to rear yard area only and must be protected from view by a
proper screening.
C. Outdoor display shall be limited to the development allowed in I, II, and III
of the General Use Classifications. Outdoor display associated with the
uses in these categories shall require a minimum of a twenty (20) foot front
yard building line for such display purposes and display of products may not
cover more than thirty (30) per cent of such front yard area.
d. Proper screening shall be required between any residential development
and any other allowable use within the Central Business District. Such
screening proposals shall be in accordance with Section 3.06 of this
Ordinance.
7. Building Regulations
Type of Materials:
a. It is the intent of this ordinance to have building exteriors constructed of
materials that are: 1) durable, 2) easily maintained, requiring minimal
maintenance and can be well maintained for the expected life of the facility,
3) aesthetically pleasing, 4) compatible with the intended use of the
surrounding environment, 5) be inherently corrosion resistant or be treated
to resist corrosion, and 6) be inherently rot and decay resistant or be treated
to resist rot and decay.
b. All main building exterior wall construction materials that are exposed shall
be constructed of stone, brick, tiles, glazing, framed glazing, concrete
masonry units, cast concrete, concrete, stucco, or similar concrete -based
masonry materials, or a mixture of masonry materials.
C. Glazing, doors, windows and door frames, roof system trim, mansards, and
similar visible exterior architectural treatments shall be made of materials
consistent with standard construction materials used therefor. These
materials shall meet the general criteria noted above.
d. In lieu of the allowable building materials listed above, architecturally custom
designed metal buildings meeting the above -noted criteria shall be allowed.
Materials that are deemed questionable by City staff of meeting the above
3.61
ORDINANCE NO. 1425-5-96
criteria shall, at staff's discretion, be submitted to the Board of Adjustment
for final decision. Additional exterior materials may be considered in this
district for restaurants only for the purpose of accomplishing a style of
architecture design to carry out a theme or concept critical to the success
of the restaurant or typical of a chain of restaurants. Examples of such
materials include wood siding, timber/log construction, or simulated
timber/log construction, corrugated metal panels, etc.
e. Corrugated metal roofs and walls, Quonset but type buildings, and metal
siding and/or panels with exposed fasteners typical of pre-engineered
buildings, are prohibited, except as otherwise provided in this ordinance for
temporary uses.
Accessory buildings shall be constructed of materials consistent with the
main structure.
Exceptions
(1) Expansion of existing single family detached dwellings may be
constructed of the same materials as previously employed in such
structures. Any other exception to these construction requirements
shall be allowed only by special exception granted by the Zoning
Board of Adjustment as allowed under Section 4.043-135 of the
Comprehensive Zoning Ordinance.
(2) The Zoning Board of Adjustment as authorized under Section 4.04
of the Comprehensive Zoning Ordinance shall have the power to
authorize, upon appeal, variance from the terms of this Ordinance
where a significant need for preservation based on age and design
is demonstrated.
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ORDINANCE NO. 1425-5-96
3.02 HEIGHT AND AREA EXCEPTIONS - The following exceptions and special regulations of
height and areas of yards shall apply in all applicable districts:
Height:
a. In the districts where the height of buildings is restricted to two (2), two and
one-half (2-1/2) or three (3) stories, cooling towers, roof gables, chimneys
and vent stacks may extend for an additional height not to exceed forty (40)
feet above the average grade line of the building. Water stand pipes and
tank, church steeples, domes and spires and school buildings and
institutional buildings may be erected to exceed three (3) stories in height,
provided that one (1) additional foot shall be added to the width and depth
of front, side and rear yards for each foot that such structures exceed the
required height.
b. No structure may be erected to a height in excess of that permitted by the
regulations of such airfield zoning ordinance as may exist at the time and
whose regulations apply to the area in which the structure is being erected.
2. Front Yards:
a. Where the frontage on one side of a street between two intersecting streets
is divided by two or more zoning districts, the front yard shall comply with
the requirements of the most restrictive district for the entire frontage. (See
Appendix Illustration 7)
b. Where a building line has been established by plat or ordinance approved
by the Planning and Zoning Commission and enacted by the City Council
and such line requires a greater or lesser front yard setback than is
prescribed by this Ordinance for the district in which the building line is
located, the required front yard shall comply with the building line so
established by such Ordinance or plat.
C. The front yard shall be measured from the property line to the front face of
the building, covered porch, covered terrace or attached accessory building.
Eaves and roof extensions may project into the required front yard for a
distance not to exceed four (4) feet.
d. Where lots have doubled frontage, running through from one street to
another, a required front yard shall be provided on both streets unless a
building line for accessory buildings has been established along one
frontage on the plat or by ordinance, in which event only one required front
yard need be observed.
e. If buildings along the frontage of any street in a residential block have
observed an average setback which is greater or lesser in dimension than
the minimum front yard established in the district, then the average front
yard of all buildings in the block shall establish the minimum front yard. All
vacant lots shall be assumed to have a minimum front yard specified for the
district. However, this regulation shall not be interpreted as requiring a front
yard of more than fifty (50) feet or any building to observe a setback
3.63
ORDINANCE NO. 1425-5-96
exceeding ten (10) feet greater than that observed on any adjacent lot.
(See Appendix Illustration 8)
In the MF -2 District, a minimum front yard of twenty (20) feet shall be
required provided, however, that in no case shall the distance from the
center line of the street on which a building fronts to the front face of the
building be less than one-half ('/2) the height of the building. (See Appendix
Illustration 11)
g. Gasoline pump islands may not be located nearer than eighteen (18) feet
to the street right-of-way line in the "GI," "GB," and "LI Districts. Pump
islands may not be located nearer than eighteen (18) feet to any adjacent
property line.
h. In the "LI" and "GI" Districts, no building may be erected ahead of any
building line established by Ordinance.
Open and unenclosed terraces or porches and eave and roof extensions
may project into the required front yard for a distance not to exceed four (4)
feet; provided, however, that no supporting structure for such extensions
may be located within the required front yard. (See Appendix illustration No.
5)
No fence, structure, or planting higher than three and one-half (3-1/2) feet
above the established street grades, nor any tree with foliage extending
below ten (10) feet above the established street grades, shall be maintained
within twenty (20) feet of any street intersection.
k. Where an official line has been established for future widening or opening
of street upon which a lot abuts, then the width of a front or side yard shall
be measured from such official line of the street.
3. Side Yards:
a. Every part of a required side yard shall be open and unobstructed except for
accessory buildings as permitted herein, and the ordinary projections of
window sills, belt courses, cornices and other architectural features
projecting not to exceed twelve (12) inches into the required side yard, and
roof eaves projecting not to exceed twenty-four (24) inches into the required
side yard.
b. Multiple family dwellings not exceeding two (2) stories in height shall provide
a minimum side yard of fifteen (15) feet between all building walls and any
side lot line, except that any such building face or wall not exceeding
thirty-five (35) feet in width may provide a minimum side yard of ten (10)
feet. (See Appendix Illustration 9)
C. Where apartment buildings or structures are constructed to exceed two (2)
stories in height, a side yard equal to one (1) foot for each two (2) stories in
height, a side yard equal to one (1) foot for each two (2) feet of building
height for all building fences or walls having openings for light, air or access
3.64
ORDINANCE NO. 1425-5-96
shall be provided, except that such side yard need not exceed fifty (50) feet.
In all districts permitting the construction of apartment buildings exceeding
two (2) stories in height, a minimum side yard of ten (10) feet shall be
required for any building face or wall which contains no openings for
windows, light or air. (See Appendix Illustration 11)
d. A one -family attached dwelling shall provide a minimum required side yard
adjacent to a side street of fifteen (15) feet and no complex of attached
one -family dwellings shall exceed two hundred (200) feet in length. A
minimum required side yard of six (6) feet shall be provided at the end of
each one -family attached dwelling complex so that the end of any two
adjacent building complexes shall be at least twelve (12) feet apart. (See
Appendix Illustration 12).
4. Rear Yards:
a. No main building may be constructed nearer than fifteen (15) feet to the rear
property line or rear easement line, if such easement exists by plat or
ordinance.
b. No accessory building or structure, except fences, may be erected within
three (3) feet of any rear or side property line, or be located within any
easement, if such easement exists by plat or ordinance.
C. The rear yard shall be measured from the property line to the rear face of
the building, covered porch, covered terrace or attached accessory building.
Eaves and roof extensions may project into the required rear yard for a
distance not to exceed four (4) feet.
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ORDINANCE NO. 1425-5-96
3.03 VEHICLE PARKING - In all districts there shall be provided at the time any building or
structure is erected or structurally altered (except as provided in Sub -section 3.03b),
off-street parking spaces in accordance with the following requirements:
A. Parking Requirements:
Bowling alley - Six (6) parking spaces for each alley.
2. Business or professional office, studio, bank, medical or dental clinic -
A. Business or professional office, studio, or bank - One (1) parking
space for each three hundred (300) square feet of floor area.
B. Medical or dental clinic - One (1) parking space for each two
hundred fifty (250) square feet of floor area up to 75,000 square feet.
One (1) parking space for each three hundred (300) square feet of
floor area over 75,000 square feet.
3. Church or other place of worship - One (1 parking space for each three (3)
seats in the main auditorium.
4. Community center, library. museum, or art gallery - Ten (10) parking spaces
plus one (1) additional space for each three hundred (300) square feet of
floor area in excess of two thousand (2,000) square feet. If an auditorium
is included as a part of the building, its floor area shall be deducted from the
total and additional parking provided on the basis of one (1) space for each
four (4) seats that it contains.
5. Dance hall, assembly or exhibition hall without fixed seats - One (1) parking
space for each one hundred (100) square feet of floor area used thereof.
6. Dwellings, single-family attached or detached -Two (2) parking spaces for
each dwelling unit. No supporting member of any garage, carport or other
automobile storage structure shall be located within the required front yard,
or within the required yard on a side street.
7. Dwellings. multi -family - Two and one-half (2-1/2) parking spaces for each
dwelling unit. No supporting member of any garage, carport or other
automobile storage structure shall be located within the required front yard
or within the required yard on a side street.
8. Fraternity, sorority, or dormitory - One (1) parking space for each two (2)
beds.
9. Furniture or appliance store, hardware store, wholesale establishments,
machinery or equipment sales and service, clothing or shoe repair or service
- Two (2) parking spaces plus one (1) additional parking space for each
three hundred (300) square feet of floor area over one thousand (1,000).
10. Hospital - One (1) space per employee on the largest shift, plus one (1)
space for each bed.
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ORDINANCE NO. 1425-5-96
11. Hotel - One (1) parking space for each two (2) sleeping rooms or suites plus
one (1 space for each two hundred (200) square feet of commercial floor
area contained therein.
12. Manufacturing or industrial establishment, research or testing laboratory..
creamery, bottling plant, warehouse and distribution center, printing or
plumbing shop, or similar establishment - One (1) parking space for each
employee on the maximum working shift plus space to accommodate all
trucks and other vehicles used in connection therewith, but not less than one
(1) parking space for each two thousand (2,000) square feet of floor area.
13. Mobile Home Park - One (1) space for each mobile home plus additional
spaces as required herein for accessory uses.
14. Mortuary or funeral home - One (1) parking space for each fifty (50) square
feet of floor space in slumber rooms, parlors or individual funeral service
rooms.
15. Motel - One (1) parking space for each sleeping room or suite plus one (1)
space for each two hundred (200) square feet of commercial floor area
contained therein.
16. Motor -vehicle salesrooms and used car lots - One (1) parking space for
each five hundred (500) square feet of sales floor for indoor uses, or one (1)
parking space for each one thousand (1,000) square feet of lot area for
outdoor uses.
17. Private club, lodge, country club or golf club - One (1) parking space for
each one hundred -fifty (150) square feet of floor area or for every (5)
members, whichever is greater.
18. Retail Store or Personal Service Establishment, except as otherwise
specified herein - One (1) space for every two hundred (200) square feet of
gross area.
19. Restaurant, night club, cafe or similar recreation or amusement
establishment - One (1) parking space for each one hundred (100) square
feet of floor area.
20. Rooming or boarding house - One (1) parking space for each two (2)
sleeping rooms.
21. Sanitarium, convalescent home, home for the aged or similar institution -
One (1) parking space for each six (6) beds.
22. Service Station - One (1) parking space for every two hundred (200) square
feet of gross area, with a minimum of six (6) spaces, as well as the required
service lanes for the gasoline pumps.
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ORDINANCE NO. 1425-5-96
23. School. elementary - One (1) parking space for each five (5) seats or bench
seating spaces in the auditorium or main assembly room, or one (1) space
for each classroom plus six (6) spaces, whichever is greater.
24. School, secondary. and college - One (1) parking space for each four (4)
seats in the main auditorium or eight (8) spaces for each classroom,
whichever is greater.
25. Shopping Center - One (1) parking space for every two hundred (200)
square feet of gross area.
26. Theater. auditorium (except school), sports arena, stadium, or gymnasium
- One (1) parking space for each four (4) seats or bench seating spaces.
27. Golf Course - Three (3) parking spaces per hole.
B. Rules for Computing Number of Parking Spaces - In computing the number of
parking spaces required for each of the above uses the following rules shall govern:
"Floor Area" shall mean the gross floor area of the specific use.
2. Where fractional spaces result, the parking spaces required shall be
constructed to be the nearest whole number.
3. The parking space requirement for a use not specifically mentioned herein
shall be the same as required for a use of similar nature.
4. Whenever a building or use constructed or established after the effective
date of this Ordinance is changed or enlarged in floor area, number of
employees, number of dwelling units, seating capacity or otherwise, to
create a need for an increase in the number of existing parking spaces, such
spaces shall be provided on the basis of the enlargement or change.
Whenever a building or use existing prior to the effective date of this
Ordinance is enlarged in floor area or in the area used, said building or use
shall then and thereafter comply with the parking requirements set forth
herein.
5. In the case of mixed uses, the parking spaces required shall equal the sum
of the requirements of the various uses computed separately.
C. Location of Parking Spaces - All parking spaces required herein shall be located on
the same lot with the building or use served, except as follows:
Where an increase in the number of spaces is required by a change or
enlargement of use or where such spaces are provided collectively or used
jointly by two (2) or more buildings or establishments, the required spaces
may be located not to exceed three hundred (300) feet from an institutional
building served and not to exceed five hundred (500) feet from any other
non-residential building served.
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ORDINANCE NO. 1425-5-96
2. A maximum of fifty (50) percent of the parking spaces required for theaters,
bowling alleys, dance halls, night clubs, cafes, or similar uses, and a
maximum of eighty (80) percent of the parking spaces required for a church
or school auditorium or similar uses (known as Use A), may be provided and
used jointly by similar uses not normally open, used or operated during the
same hours as those listed under Use A; provided, however, that written
agreement thereto is properly executed and filed as specified below.
3. In any case where the required parking spaces are not located on the same
lot with the building or use served, or where such spaces are collectively or
jointly provided and used, a written agreement thereby assuring their
retention for such purposes, shall be properly drawn and executed by the
parties concerned, approved as to form by the City and executed by the
parties concerned, approved as to form by the City Attorney and shall be
filed with the application for a building permit.
D. Stacking and Queuing Requirements - City staff may require a traffic study to
determine the stacking and queuing requirements for such uses that include, but
are not limited to, service stations, drive-through restaurants, drive-in banking, etc.
E. Minimum Dimensions for Off -Street Parking:
Ninety (90) Degree Angle Parking - Each parking space shall be not less
than nine (9) feet wide nor less than eighteen (18) feet in length, except in
a single-family residential district where each parking space shall be not less
than eight (8) feet wide nor less than eighteen (18) feet in length.
Maneuvering space shall be in addition to parking space and shall be not
less than twenty-four (24) feet perpendicular to the building or parking line.
2. Sixty (60) Degree Angle Parking - Each parking space shall be not less than
nine (9) feet wide perpendicular to the parking angle nor less than
seventeen (17) feet in length when measured at right angles to the building
or parking line, except in a single-family residential district where each
parking space shall be not less than eight (8) feet wide nor less than
seventeen (17) feet in length. Maneuvering space shall be in addition to
parking space and shall be not less than twenty (20) feet perpendicular to
the building or parking line.
3. Forty-five (45) Degree Angle Parking - Each parking space shall be not less
than nine (9) feet wide perpendicular to the parking angle nor less than
sixteen (16) feet in length when measured at right angles to the building or
parking line, except in a single-family residential district where each parking
space shall be not less than eight (8) feet wide nor less than sixteen (16)
feet in length. Maneuvering space shall be in addition to parking space and
shall be not less than eighteen (18) feet perpendicular to the building or
parking line.
4. When off-street parking facilities are located adjacent to a public alley the
width of said alley may be assumed to be a portion of the maneuvering
space requirement.
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ORDINANCE NO. 1425-5-96
5. Where off-street parking facilities are provided in excess of the minimum
amounts herein specified, or when off-street parking facilities are provided
but not required by this Ordinance, said off-street parking facilities shall
comply with the minimum requirements for parking and maneuvering.
Parking Lot Construction Standards - All parking lots shall be constructed of 5"
reinforced Portland cement concrete over compacted soil subgrade. All required
fire lanes shall be constructed of concrete in accordance with the City of Allen
Design Standards. Alternative materials such as brick, pavestone, or similar
materials may be allowed upon approval by the Director of Community
Development.
3.70
ORDINANCE NO. 1425-5-96
3.04 OFF-STREET LOADING - Every building or part thereof erected or occupied for retail
business, service, manufacturing, storage, warehousing, hotel, mortuary, or any other use
similarly involving the receipt or distribution by vehicles of materials or merchandise, shall
provide and maintain on the same premises loading space in accordance with the following
requirements:
For retail, commercial, sales, service, or industrial use buildings and establishments,
off-street loading facilities shall be provided in accordance with the following
schedule:
Square Feet of
Minimum Required
Gross Floor Area
Spaces or Berths
150,001 to 300,000
0 to 10,000
None
10,001 to 50,000
1
50,001 to 100,000
2
100,001 - to 200,000
3
Each Additional 100,000 1 Additional
2. For hotels, office buildings, restaurants, and similar establishments, off-street
loading facilities shall be provided in accordance with the following schedule
Square Feet of Minimum Required
Gross Floor Area Spaces or Berths
0 to 50,000
None
50,001 - 150,000
1
150,001 to 300,000
2
300,001 to 500,000
3
500,001 to 1,000,000
4
Each additional 500,000
1 Additional
3. Each required loading space shall have a minimum size as described for loading
spaces under Section 2. 10, Definitions.
4. No loading facilities may be located facing any street, unless screened as provided
in Section 3.07.
5. Loading facilities located on the side of a building but not facing a street shall be set
back from the front property line a minimum distance of sixty (60) feet.
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ORDINANCE NO. 1425-5-96
3.05 LANDSCAPING AND TREE PRESERVATION REQUIREMENTS -
The terms and provisions of this section are intended to accomplish the following public
purposes:
A. Establish rules and regulations governing the protection and preservation of native
or established trees within the City of Allen.
B. Encourage the protection of healthy and desirable trees and provide for the
replacement and/or replanting of trees that are necessarily removed during
construction, development or redevelopment.
C. Provide for the preservation and protection of larger native or established trees,
which provide a valuable amenity to the urban environment and which, once
destroyed, can only be replaced after generations, if at all.
D. Provide for shade, windbreaks and the cooling of air; thereby, reducing the
requirements for air conditioning and heating and the utilization of scarce energy
resources.
E. Provide for open space and more efficient drainage of land; thereby, reducing the
effects of soil erosion and the need for additional drainage facilities.
F. Prevent the clear -cutting of land containing trees of 6" caliper or larger. The illegal
cutting of each tree 6" or larger shall constitute a separate offense of this ordinance
under Article V.
NON-RESIDENTIAL LANDSCAPING REQUIREMENTS - These standards shall apply to
all non-residential districts. Any area within a planned development district containing
landscaping standards shall be regulated by the more restrictive standards.
A. The minimum landscaping area for nonresidential districts shall be not less than ten
(10) percent of the pavement area on the site. Landscaping shall include the
following items as detaield in Sections B, C, D and E below:
1. Landscaping Along Street Rights-of-way
2. Interior Parking Lot Landscaping
3. Landscaping for Corner Lots
4. Landscaping/screening for Parking Lots Adjacent to Residential Areas
In the event that the total landscape area provided per the requirements of
Ssections B, C, D, and E is less than 10% of the pavement area of the site,
additional landscaping shall be provided to meet the 10% requirement.
Example:
a. If 1, 2, 3, and 4 above equal 15% of pavement, then requirement for 10%
of pavement is satisfied
b. If 1, 2, 3, and 4 above equal 10% of pavement, then requriement for 10%
of pavement is satisfied)
C. If 1, 2, 3, and 4 above equal 8% of pavement, then additional landscaping
is required to equal 10%.
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ORDINANCE NO. 1425-5-96
B. Landscaping Along Street Rights -of Way - All commercial, industrial, and other non-
residential uses shall comply with the following street scape requirements:
(1) A landscaped edge shall be provided adjacent to all streets. The
landscaped edge shall be a minimum width of ten (10) feet, exclusive of
street rights-of-way. The 10 -foot landscape edge may be reduced in the
Central Business District (CBD) to no less than two (2) feet where lots are
less than two (2) acres. Within the landscaped edge, a minimum of one (1)
shade tree ( 3" caliper minimum) or an approved ornamental tree shall be
planted per 500 square feet of landscaped area (see Appendix Illustration
13).
(2) Where parking lots and drives abut the landscaped edge, ten (10) shrubs (5
gallon minimum) shall be planted per 500 square feet of landscaped edge
(see Appendix Illustration 13). The number of required shrubs shall be
calculated solely on the area of the required landscaped edge. A berm may
be placed within the landscaped edge in lieu of the required shrubs;
however, a headlight screen must be accommodated if necessary. The
berm must be 42 inches above the average grade of the street and parking
lot curbs. The slope of the berm shall not exceed a 3 to 1 grade.
(3) If the parking lot is located 50 feet or more from the street right-of-way line,
no shrubs or berms will be required unless needed for a headlight screen.
(4) The applicant is also encouraged to plant a variety of ornamental trees and
flowers in addition to the required plantings. Any permeable surface not
occupied by trees, shrubs, planting beds, signs or other permitted fixtures
shall be planted with turf or other living ground cover.
(5) The required width of landscaped edge may be reduced during plan review
when public improvements are necessary.
C. Interior Parking Lot Landscaping - Any non-residential parking area which contains
more than twenty (20) parking spaces shall provide interior landscaping in addition
to the required landscaped edge:
(1) Interior landscaping shall include all areas within the paved boundaries of
the parking lot as well as planting islands, curbed areas, corner lots, parking
spaces and all interior driveways and aisles except those with no parking
spaces located on either side. Landscaped areas outside of the parking lot
may not be used to meet the interior landscaping requirement (see
Appendix Illustration 14).
(2) There shall be eight (8) square feet of interior landscaping for each parking
space (180 square feet) or fraction thereof.
(3) There shall be minimum of one (1) shade tree (3" caliper minimum) or an
approved ornamental tree for every twenty (20) parking spaces or fraction
thereof. The trees should be evenly distributed unless approved by the
Director of Community Development.
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ORDINANCE NO. 1425-5-96
(4) All landscaped areas shall be protected by a raised six (6) inch concrete
curb. Pavement shall not be placed closer than the drip line of the tree, at
time of installation, unless a staff approved root barrier is utilized.
(5) Where an existing parking area is altered or expanded to increase the
number of spaces to more than twenty (20), interior landscaping shall be
provided on the new portion of the lot in accordance with the above
standards.
(6) The requirements listed above shall not apply to structured parking garages.
D. Landscaping For Corner Lots - Corner lots at the intersection of two major or larger
thoroughfares shall comply with the following landscaping requirements in addition
to the required plantings for the landscaped edge and interior parking lot
landscaping:
(1) A minimum 15 foot wide landscaped edge shall be located along all street
right-of-way lines beginning at the corner and extending 175 feet or to the
closest driveway. Beyond this point, the landscaped edge may be gradually
reduced (over a distance of 25 feet) to 10 feet in width (see Appendix
Illustration 15);
(2) Where the Community Development Department has determined there is
a need for a right -turn lane at a location, the landscaped edge may be
reduced to a minimum of 7.5 feet (see Thoroughfare Design Standards of
Subdivision Ordinance);
(3) A minimum landscaped area of approximately 900 square feet shall be
located at the intersection corner of the lot. This landscaped area shall be
provided within an area measured a minimum distance of 40 feet from the
projected corner of the intersection on both sides of the lot (see Appendix
15). No trees should be planted in this area.
E. Landscaping/Screening for Parking Lots Adjacent to Residential Areas - Where
parking is within 50 feet of residentially zoned property and is not screened from
view by a screening wall specified in Section 3.07, a continuous screen of shrubs
(5 gallon minimum) must be placed adjacent to the parking. The required
landscaping shall comply with the following regulations:
(1) The required shrubs shall create a minimum 42 inch high screen at time of
installation.
(2) Drought and freeze -resistant shrubs shall be used including but not limited
to:
- Red Tip Photinia
- Burford Holly
- Chinese Holly
- Yaupon Holly
- Juniper (several varieties)
- Wax Myrtles
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ORDINANCE NO. 1425-5-96
- Eleagnus
Other plants may be used with staff approval.
F. Standards - All materials must meet the American Association of Nurseryman, Inc.,
"American Standard for Nursery Stock" (latest addition).
2. MULTI -FAMILY AND RETIREMENT HOUSING LANDSCAPING REQUIREMENTS:
A. A landscaped edge shall be provided adjacent to all streets. The landscaped edge
shall be a minimum width of ten (10) feet, exclusive of street rights-of-way. Within
the landscaped edge, one (1) shade tree (3") planted per 500 square feet of
landscaped edge. The number of required trees shall be calculated solely on the
area of the required landscaped edge.
B. Where parking lots and drives abut the landscaped edge, ten (10) shrubs (5 gallon
minimum) shall be planted per 500 square feet of landscaped edge. The number
of required shrubs shall be calculated solely on the area of the required landscaped
edge. A berm may be placed within the landscaped edge in lieu of the required
shrubs; however, a headlight screen must be accommodated if necessary. The
berm must be 42 inches above the average grade of the street and parking lot
curbs. The slope of the berm shall not exceed a 3 to 1 grade.
C. The applicant is also encouraged to plant a variety of ornamental trees and
Seasonal Color in addition to the required plantings. Any permeable surface not
occupied by trees, shrubs, planting beds, signs or other permitted fixtures shall be
planted with turf or other living ground cover.
D. If the parking lot is located 50 feet or more from the street right-of-way line, no
shrubs or berms will be required unless needed for a headlight screen.
E. The required width of landscaped edge may be reduced during plan review when
public improvements are necessary.
F. Parking areas shall be landscaped in addition to the required landscaped edge.
Eight (8) square feet of landscaping for each parking space shall be provided within
the paved boundaries, including one (1) shade tree (3" caliper minimum) or an
approved ornamental tree per ten (10) parking spaces.
G. All landscaped areas shall be protected by a raised six (6) inch concrete curb.
Pavement shall not be placed closer than the dripline of the tree unless a staff
approved root barrier is utilized.
H. One (1) shade tree (3" caliper minimum) or an approved ornamental tree per 1,000
square feet of required open space shall be provided.
I. Standards - All materials must meet the American Association of Nurseryman, Inc.,
"American Standard for Nursery Stock" (latest addition)
3. LANDSCAPING REQUIREMENTS FOR DETACHED AND ATTACHED SINGLE FAMILY
RESIDENTIAL (SINGLE-FAMILY DETACHED HOUSING, PATIO HOMES, GARDEN
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ORDINANCE NO. 1425-5-96
HOMES, TOWNHOMES, AND DUPLEXES). Any development that has 11.9 units per acre
or less shall fall under this classification. Any area within a planned development district
containing landscaping standards shall be regulated by the more restrictive standards.
A. One (1) shade tree (3" caliper minimum) or an approved ornamental tree shall be
provided in residential subdivisions for each dwelling unit.
B. All required trees must be planted prior to request for final building inspection of the
dwelling unit.
C. Standards - All materials must meet the American Association of Nurseryman, Inc.,
"American Standard for Nursery Stock" (latest addition)
4. LANDSCAPE MAINTENANCE REQUIREMENTS:
The following requirements are intended for all attached Single -Family, Multi -family, Office,
Shopping Center, Commercial, and Industrial Districts. These requirements also apply for
those areas which have a PD prefix and have an aforementioned zoning.
A. All plant material shall be maintained in a healthy and growing condition, and must
be replaced with plant material of similar variety and size if damaged, destroyed, or
removed.
B. Landscaped areas shall be kept free of trash, litter, weeds, and other such materials
or plants not a part of the landscaping.
C. An automatic irrigation system must be installed in all required landscaped areas
and all front yards along thoroughfares.
D. Any developer desiring to install and maintain landscaping materials and irrigation
facilities within the City right-of-way must first enter into and execute a "Median
Right -of -Way Landscape and Irrigation Agreement."
E. Entryway or amenity features within City right-of-way may be developed under the
responsibility of a Homeowners association or Commercial Property Owners
Association. Documents shall be submitted, reviewed, and approved by the City.
F. Diameters of existing trees are measured at 4 feet above grade. If the tree is on a
slope, measure from the high side of the slope. Measure above unusual swells in
the trunk.
To determine the diameter of a multi -trunk tree, measure all the trunks; add
the total diameter of the largest trunk to Y2 the diameter of each additional
trunk. A multi -trunked tree is differentiated from individual trees growing
from a common root stock if there is a visible connection between the trunks
above ground.
2. Diameter measurements should be accurate to the nearest Y2 inch. This
data is used in the determination of tree significance and replacement value
(if necessary).
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ORDINANCE NO. 1425-5-96
3. Trees may be measured with a caliper, cruise stick, standard tape measure
or diameter tape, all of which are available at forestry suppliers. Calipers
are accurate, but difficult to handle. Cruise sticks are less accurate, but
efficient for quick measurements. Standard tape measures are accurate,
but require transposing from circumference to diameter. Diameter tapes are
accurate and have the advantage of giving readings in diameter inches.
End hooks and automatic recoiling on some models provide maximum
efficiency.
5. RECOMMENDED TREES FOR NEW PLANTINGS - The following is a list of recommended
high quality, long -living trees which are considered suitable for local soil conditions and
climate. Other species may be acceptable with approval from the Community Development
Department. Required trees shall be a minimum of three (3) inch caliper, seven (7) feet
overall height immediately after planting.
OVERSTORY (SHADE) TREES: HEIGHT RANGE - 30 -60'
Bald Cypress
Cedar Elm
Lacebark (Drake) Elm
Pecan
Chinese Pistache
Bur Oak
Shumard or Texas Red Oak
Sweet Gum
Green Ash
Live Oak
Western Soapberry
Eastern Red Cedar
Cedar Elm
Red Oak
Pecan
Burr Oak
Chinquapin Oak
Live Oak
Green Ash Cultivars
Bald Cypress
Pistacio
American Elm
Taxodium distichum
Ulmus crassifolia
Ulmus parvifolia 'Drake'
Carya illinoinensis
Pistacia chinesis
Quercus macrocarpa
Quercus shumardii or texana
Liquidambar styraciflua
Fraxinus pennsylvanica
'Marshall Seedless'
Quercus virginiana
Sapindus drummondii
Juniperus virginiana
Ulmus crassifolia
Quercus shumardii
Carya illinoinensis
Quercus macrocarpa
Quercus muhlenbergii
Quercus virginiana
Fraxinus pennsylvanica, ssp.
Taxodium disticum
Pistacia chinensis
Ulmus americana
The following ornamental trees, with staff approval, may be substituted for the required shade
trees. These ornamental trees shall have a minimum caliper of three (3) inches.
ACCENT (ORNAMENTAL) TREES: HEIGHT RANGE - 10 - 20'
Japanese Black Pine
Afghan (Eldarica) Pine
Redbud
Crape Myrtle
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Pinus thunbergii
Pinus eldarica
Cercis canadensis
Lagerstremia indica
ORDINANCE NO. 1425-5-96
Yaupon Holly
Flowering Pear
Texas Sophora
Mexican Plum
Purple Plum
Crabapple
Deciduous Holly
Chaste Tree
Mexican Buckeye
Wax Myrtle
Desert Willow
6. LANDSCAPE/IRRIGATION PLAN APPROVAL:
Ilex vomitoria
Pyrus calleryana 'Bradford',
'Capital', 'Aristocrat'
Sophora affinis
Prunus Mexicana
Prunus cerasifera
Malus augustifolia
Ilex decidua
Vitex Agnus-castus
Ungnadia speciosa
Myrica cerifera
Chilopsis linearis
A. Landscape and irrigation plans shall be submitted with all non-residential, multi-
family and retirement housing development submissions. Landscape/irrigation
plans shall ensure proper location of vegetation within public rights-of-way,
preserve visibility triangles, maintain the overall integrity and intent of living
screens, and promote ornamental planting within the City.
B. Submission of landscape/irrigation plans for areas which include public right-of-
ways, parks, and greenbelts shall be made to the Department of Community
Development for review by Community Development, Public Works, and Parks
and Recreation. All other submissions shall be made to the Department of
Community Development for review by Community Development and Public
Works. The applicant shall be provided a landscape review checklist. City staff
shall evaluate the appropriateness of the landscape and irrigation plan and may
approve them, or approve them subject to stipulations.
C. Landscape and irrigation "As Built" plans shall be submitted to the City for areas
which include public right-of-ways, parks, and greenbelts drawn to a suitable
scale.
7. TREE PRESERVATION AND PROTECTION - The purpose of this section is to
establish incentives for the preservation of existing, healthy and desirable trees within
the City of Allen and to provide guidelines for the protection of trees.
A. Applicability - The terms and provisions of this section apply to real property as
follows:
(1) All vacant and undeveloped property.
(2) All property to be developed and redeveloped, including additions and
alterations.
(3) Residential streets are the responsibility of the developer.
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ORDINANCE NO. 1425-5-96
B. Preliminary Development Plans - A general survey of natural vegetation showing
tree groupings and anticipated tree losses shall be submitted with all preliminary
site plans.
C. Final Development Plans - The landscape plan that is required with site plans
and preliminary plat submissions shall also include the approximate location, size
(caliper and height), condition and common name of each tree to be preserved if
the applicant is requesting tree credits.
D. Tree Preservation Credits - For every healthy tree (6" caliper or larger)
preserved, the developer shall be given one inch (1") credit for each one inch
(1") of tree that is preserved toward the landscaping requirement. However,
trees that are required in the parking area shall not be credited, except for
existing trees that are located in the parking area which are adequately
preserved. Only trees in good condition having been protected in accordance
with the Tree Protection Guidelines shall be considered for credit. A maximum
credit of one-third of the required trees shall be allowed per site.
Credits shall be given according to the following chart:
Trees 6" to 12" caliper, 1" credit for each 1" preserved;
Trees 12.1" to 24" caliper, 1 Y2" credit for each 1" preserved;
Trees over 24" caliper, 2" credit for each 1" preserved.
Credits for trees 12.1" caliper or greater can exceed the maximum one-third limit.
Determination of credits shall be made by the Community Development Staff
upon completion of site improvements. Field conditions may warrant submittal of
a revised landscape plan to determine the number of tree -credits. Review may
include a field inspection of the site, and the plan may be referred to other
departments for review and recommendations.
E. REPLACEMENT: In the event it is necessary to remove a tree 6" caliper or
larger, the developer, builder, or property owner shall be required to replace the
trees to be removed with comparable or better species trees somewhere within
the planned development or subdivision. Community Development may allow
the trees to be located to other areas in the City if it is deemed necessary by City
Staff and space is available; otherwise, the developer shall be required to escrow
equal funds.
A sufficient number of trees shall be planted to equal, in caliper, the caliper of the
tree removed. Said replacement trees shall be a minimum of three inches (3")
caliper and seven feet (7') in height when planted.
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ORDINANCE NO. 1425-5-96
F. Certain native and nonnative trees are considered undesirable and will be
considered exempt from the requirements of this Ordinance; i.e., they can be cut
down and removed but only by authority of a tree cutting permit. The following
are considered undesirable trees:
Arizona Ash
Bois D'Arc (Native)
Chinese Tallow
Cottonwood (Native)
Hackberry (Native)
Honey Locust (Native)
Lombardy Poplar
Mimosa
Mulberry
Siberian Elm
Silver Maple
Sycamore
Weeping Willow
Fraxinus velutina
Maclura pomifera
Sapium sebiferum
Populus deltoides
Celtis occidentalis
Gleditsia triacanthos
Populus nigra italica
Albizzia julibrissen
Morus alba
Ulmus pumila
Acer saccharinum
Platanus Occidentalis
Salix Babylonica
Only significantly -sized, undesirable trees will be considered for tree credits.
These trees must be located outside of the floodplain, be over 12" in size, and be
individually field inspected by a designated representative of the City of Allen.
G. Guidelines for Tree protection - Developers shall adhere to the following tree
protection measures on all construction sites as applicable:
(1) Prior to construction or land development, the developer shall clearly
mark all trees to be preserved.
(2) The developer shall erect a fence around each tree or group of trees to
prohibit the placement of debris, parking of vehicles, or fill, within the drip
line of any tree.
(3) During the construction stage of development, the developer shall
prohibit cleaning of equipment or materials under the canopy of any tree
or group of trees to remain. Nor shall the developer allow the disposal of
any waste material such as, but not limited to, paint, oil, solvents, asphalt,
concrete, mortar, etc., under the canopy of any tree or groups of trees to
remain.
(4) No attachments or wires of any kind, other than those of a protective
nature, should be attached to any tree.
(5) Major changes of grade one inch or greater will require additional
measures to maintain proper oxygen and water exchange with the roots.
With major grade changes, a retaining wall or tree well of rock or brick
should be constructed around the tree no closer than Y2 the distance
between the trunk and the drip line. The top of the retaining wall should
be constructed at the new grade. Grade changes greater than 1" may be
made with staff approval.
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ORDINANCE NO. 1425-5-96
(6) If a patio, sidewalk, drive or parking lot must be placed within the drip line
of an existing tree, material such as a porous (turf) pavement that will
allow the passage of water and oxygen should be used.
(7) Fence row trees are trees that exist primarily in nearly a straight line
along older or existing property lines that generally, but not always, run
parallel to a fence. Fence row trees 6" in caliper or greater in residential
developments shall be preserved by providing a 15 -foot protected area
centered 7.5' on each side of the centerline, on and parallel to the fence
row trees. No utility, trench (including irrigation trenches), alley paving, or
permanent structure shall be allowed within the area. Removal of trees
6" caliper or larger is allowed where an alley has back-to-back residential
lots and access is needed to one side of the area. These trees shall be
identified and removal of such will not require replacement. All desirable
trees saved, 6" caliper and larger, shall be considered for tree credit
purposes. Fences that are installed within this area, and which do not
interfere with the existing trees, may be allowed. Fences proposed to be
located in the area shall have the design and layout submitted to the City
of Allen for review and approval.
H. The first floor of parking garages is the only area that should be used to
determine the landscaping requirements as established herein.
REQUIRED LANDSCAPE BUFFERS ALONG U.S. 75 AND SH 121. There shall
be a twenty- five (25) foot irrigated landscape buffer immediately adjacent to
U.S. 75 and S.H. 121 in which no building structure or parking shall be permitted.
J. No site developed prior to the effective date of this section shall be required to
conform to the landscaping requirements of this section unless the site is being
redeveloped or there is a twenty-five percent (25%) or more increase in the
existing square footage of building area or reconstruction of the existing parking
lot.
K. Once a "Certificate of Occupancy" is issued for single family or duplex home
sites, the property becomes exempt from this Ordinance.
L. No tree six inches (6") in caliper or larger shall be cut down without obtaining a
Tree Removal Permit.
8. INSTALLATION PRACTICES - For areas to be dedicated to the City.
A. Grading - All areas receiving new turf or sod shall be fine graded, eliminating all
rocks and debris larger than one inch (1") inch in diameter. If necessary use
additional fertile soil for top dressing to promote healthy growth and positive
drainage.
B. Bed Preparation - All beds shall be prepped with at least four inches (4") of
amended or new soil. The beds should be crowned or sloped to create positive
drainage. The beds should be topped with 2 inches of weed free mulch.
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ORDINANCE NO. 1425-5-96
C. Turf Requirements - All turf areas should be established prior to city acceptance.
The turf should have 90% coverage and be weed -free.
D. All site preparation, landscape and irrigation plans for areas to be turned over to
the city must be approved by the Parks and Recreation Department.
E. All trees should be back filled with the native soil with a mild fertilizer added to
the backfill. The soil should be free of rocks and debris. All trees should be
staked outside of the rootball.
F. WARRANTEE: All required trees and plant material shall be guaranteed for one
year. Sod and turf should be maintained for at least one year prior to
acceptance.
9. TREE REMOVAL PERMITS
A. Removal of Trees 6" Caliper or Larger. No person, directly or indirectly, shall cut
down, destroy, remove or effectively destroy through damaging, any tree 6"
caliper or larger on any real property within the City of Allen without first
obtaining a Tree Removal Permit as provided in this section.
(1) Permit required. Trees shall not be removed prior to the issuance of a
Tree Removal Permit unless:
a) said trees are injured, dying, diseased or infested with harmful
insects; or
b) are in danger of falling, interfere with utility service or create
unsafe vision clearance; or
C) in any manner create a hazardous or dangerous condition so as
to endanger the public health, welfare or safety; and
d) the City Manager's designee, or authorized designee, approves
the removal thereof.
Under no circumstances shall the clear -cutting of trees on any real
property within the City of Allen be allowed prior to the issuance of a Tree
Removal Permit for said property. Any tree removed will be required to
follow the guidelines of this ordinance.
(2) Penalties for unauthorized removal of trees. If any trees are removed
from any real property, including any injury to a tree resulting from the
builder's failure to follow required tree protection measures that causes or
may reasonably be expected to cause the tree to die, the property owner
shall be determined to be in violation of this ordinance.
B. Application for Tree Removal Permit - Tree Removal Permits for the removal of
trees shall be obtained by making application to the City of Allen on a form
provided by the City and shall be subject to the following procedures.
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ORDINANCE NO. 1425-5-96
(1) Review of Application for Tree Removal Permit. Upon receipt of a proper
application for a Tree Removal Permit, accompanied by an administrative
fee of one hundred dollars ($100.00) per permit application, the City
Manager's designee shall review the application and may conduct field
inspections of the development and/or refer the permit application to
other departments for review and recommendations as deemed
necessary and appropriate by the City Manager's designee.
(a) The application for a Tree Removal Permit, if required, shall be
considered an integral part of the application for development plan
approval, and no development plan for any development subject
to the terms and provisions of this section shall be approved
without approval of said Tree Removal Permit.
(b) A denial of an application for Tree Removal Permit may be
appealed to the Board of Adjustment.
(2) Application for Tree Removal Permit for Property Zoned Agriculture -Open
Space or Having an Agricultural Exemption for Taxation Purposes. No
fee shall be charged to make application for a Tree Removal Permit for
the removal of trees located on real property having an Agriculture -Open
Space zoning district classification, or having an agricultural exemption
for taxation purposes. If, within any twelve-month period, Tree Removal
Permits for the removal of twenty (20) or more trees are issued for the
same Agriculture -Open Space zoning property or tract, or any portion
thereof, the Agriculture -Open Space zoning district classification of said
property cannot be changed, nor can an application for zoning
amendment relative to said property be made, during the twelve-month
period following the aforementioned twelve-month period during which
the twenty (20) or more trees were removed.
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ORDINANCE NO. 1425-5-96
3.06 LIGHTING -
The purpose of this Section of this Ordinance is to ensure that outdoor lighting
does not interfere with the reasonable use and enjoyment of property within the
City of Allen. It is further the intent to encourage the types, kinds, construction,
installation, and use of outdoor electrically powered illuminating devices, lighting
design practices, and systems which will conserve energy, while preserving the
natural environment and increasing nighttime safety, utility, security, and
productivity.
2. Artificial outdoor illuminating devices shall be installed in accordance with this
Section of this Ordinance.
3. This section is not intended to prevent the use of any design, method of
installation, or operation not specifically prohibited by this Section, provided any
such alternative has been approved by the City of Allen. The City Engineer may
approve any such proposed alternative provided that it:
a. Is approximately equivalent to the applicable specific requirements of this
Ordinance; and
b. Is otherwise satisfactory and complies with the intent of this Ordinance; or
C. Has been designed or approved by a Registered Professional Engineer
with content and function that promotes the intent of this Ordinance.
The City Engineer may submit proposed lighting design plan alternatives to the
Planning and Zoning Commission and City Council, with the Site Plan, for their
review and action.
4. DEFINITIONS
a. Outdoor light fixtures shall mean outdoor artificial illuminating devices,
installed or portable, used for flood lighting, general illumination, or
advertisement. Such devices shall include, but are not limited to, search,
spot, flood, and area lighting for:
1) Buildings and structures,
2) Recreational facilities,
3) Parking areas,
4) Landscape lighting,
5) Outdoor advertising displays, billboards, signs,
6) Public and private street lighting, and
7) Walkway lighting.
b. Class I Lighting shall mean all outdoor lighting used for, but not limited to:
1) Outdoor sales areas,
2) Recreational facilities and assembly areas,
3) Eating areas,
4) Repair areas,
5) Advertising displays,
6) Billboards and other signs, and
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ORDINANCE NO. 1425-5-96
7) Similar application when colour rendition is important.
C. Class II Lighting shall mean all other outdoor lighting including, but not
limited to illumination for:
1) Walkways,
2) Roadways,
3) Equipment yards,
4) Parking areas,
5) Outdoor security, and
6) Similar application when colour rendition is not important.
d. Fully Shielded shall mean outdoor light fixtures shielded or constructed so
that all light rays emitted by the fixture are projected below the horizontal
plane passing through the lowest point on the fixture from which light is
emitted, nearly 100% cut-off type, as evidenced by the manufacturer's
photometric data.
e. Partially shielded shall mean shielding so that the lower edge of the
shield is at, or below, the centerline of the light source or lamp so as to
minimize the light transmission above the horizontal plane, or at least
ninety percent (90%) of the emitted light projects below the horizontal
plane as evidenced by the manufacturer's photometric data.
Unshielded shall mean fixtures lacking any means to restrict the emitted
light to below the horizontal plane.
5. GENERAL REQUIREMENTS
a. Generally. the Preferred source for all outdoor lighting shall be high
pressure sodium or metal halide lamps and fixtures. Low pressure
sodium lamps are prohibited.
b. Shielding shall be required in all installations except as specified in
paragraphs 5f and 6.
C. Hours of operation shall be complied with in all installations, except as
specified in paragraph 8.
d. Outdoor advertising displays, billboards, and signs, not exclusively
illuminated internally, may only utilize illuminating devices mounted on the
top of the advertising display structure. All such fixtures shall comply with
all other provisions of this Ordinance.
e. Night Lighting shall be required for roads, streets, service lanes, or
accessways. All lighting fixtures provided shall comply with this
Ordinance. All wiring shall be located underground.
Architecturally decorative light fixtures, those that are of historical
significance and those resembling such, are encouraged. When such
fixtures are used, the shielding requirements in Paragraph 6 may be
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ORDINANCE NO. 1425-5-96
reduced in consideration for the increased aesthetics and theme style
lighting.
g. Glare - Exterior lights shall be constructed in a manner consistent with
the Property Maintenance Code requirements (see Property Maintenance
Code Section E (Glare) and shall be located so as to not produce direct
illumination across the bounding property line.
6. The allowable light sources and the requirements for shielding light emissions for
outdoor light fixtures shall be as set forth in the following table:
Outdoor advertising signs constructed of translucent materials and wholly illuminated
from within do not require shielding.
3.86
CLASS 1
CLASS II
LIGHTING
LIGHTING
(Colour
(Colour
LAMP TYPE
rendition
rendition
important)
unimportant)
Low Pressure
Prohibited
Prohibited
Sodium
High Pressure
Partially or
Fully Shielded
Sodium
Fully Shielded
Metal Halide
Fully Shielded
Fully Shielded
Mercury Vapor
Fully Shielded
Prohibited
(color corrected
only)
Fluorescent
Partially or
Fully Shielded
Fully Shielded
Incandescent
Partially or
Prohibited
(over 150 watts
Fully Shielded
per fixture)
Incandescent
Partially or
Partially or
(under 150 watts
Fully Shielded
Fully Shielded
per fixture)
Any Light Source
Unshielded
Unshielded
50 watts and under
Permitted
Permitted
Low Intensity Neon,
Unshielded
Unshielded
or Krypton, or
Permitted
Permitted
Argon Discharge
Tubes
Outdoor advertising signs constructed of translucent materials and wholly illuminated
from within do not require shielding.
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ORDINANCE NO. 1425-5-96
7. APPROVAL AUTHORITY
a. The Building Official shall have approval authority regarding all private
facilities, to include, but not limited to, private parking lots, and buildings.
b. The City Engineer shall have approval authority regarding all public
facilities,to include, but not limited to, public streets, public buildings,
public parking areas, public recreation areas.
8. HOURS OF OPERATION
a. Class II lighting may be operated anytime (walkways, roadways,
equipment yards, parking areas, and outdoor security).
b. Class I lighting used for illumination of:
1) Outdoor sales and eating areas, on-site advertising, assembly
areas, repair areas, and businesses may be operated during the
hours that the facilities are open to the public;
2) Off-site advertising displays and billboards or signs may be
operated from dusk to 11:00 p.m., only; unless fully shielded and
pointed downward.
3) Recreational and sporting areas may operate from dusk to 11:00
p.m., except to conclude a specific recreational or sporting event
or similar activity which was in progress prior to 11:00 p.m.
9. PROHIBITIONS
a. Laser source light and strobe lights and similar high intensity light
sources for advertising or entertainment shall not be projected above the
horizontal plane, unless a permit is obtained for specific events and time
frames.
b. Search lights - Not permitted (See Sign Regulations Ordinance).
C. Inoperative and obsolete lighting fixtures may not be modified, replaced,
or upgraded without complying with this Ordinance.
10. PERMANENT EXEMPTIONS:
a. Liahting fixtures installed and operated prior to the effective date of this
Ordinance are exempt from the requirements of this Ordinance except
that they must comply with paragraphs 8a, 8b(1), 8b(3) and 9c.
b. Navigation and airport lighting required for the safe operation of boats
and airplanes are exempt from this Ordinance.
C. Emergency lighting by police, fire, and rescue authorities is exempt from
this Ordinance.
d. Central Business District decorative street lighting is exempt from this
Ordinance.
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ORDINANCE NO. 1425-5-96
e. Fossil Fuel lighting is exempt from this Ordinance.
11. TEMPORARY EXEMPTIONS:
a. The Department of Community Development may approve temporary
exemptions from the requirements of this Ordinance provided that the
duration of the approval shall be for not more than thirty (30) days from
the date of approval.
b. Requests for renewal of exemptions shall be processed in the same way
as the original request.
C. No outdoor light fixtures shall be exempt from this Ordinance for more
than ninety (90) days during any twelve (12) month period.
d. Roadway lighting is not eligible for exemption.
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ORDINANCE NO. 1425-5-96
3.07 FENCES AND WALLS - In any residential district or along the common boundary
between any residential or nonresidential district where a wall separation is erected, or
where a screening wall or fence is required as provided herein, the following standards
shall be observed:
Height of Fence or Wall:
a. Any living plant screen erected or placed in front of the minimum required
front yard line shall not exceed four (4) feet in height above the adjacent
grade. No fence, walls, or building shall be allowed in front yard.
b. Any fence, wall, or living plant screen erected or placed behind the
minimum required front yard line may be erected or maintained to a
maximum height of eight (8) feet above the adjacent grade.
C. No fence, screen, wall or other visual barrier shall be placed in such a
manner as to obstruct the vision of motor vehicle drivers approaching any
street intersection. At all intersections, clear vision shall be maintained
across the corner for a distance of 25 feet back from a projected curb line
corner along both intersecting streets.
d. No fence, screen, wall or other visual barrier shall be placed in such a
manner as to obstruct the vision of motor vehicle drivers approaching any
alley intersection. At all intersections of an alley with a street, clear vision
shall be maintained across the corner for a distance of 20 feet back from
a projected curb line corner along the intersection of the alley and street.
2. Screening Walls or Visual Barriers - A screening wall shall be erected or placed
in all locations and in accordance with all provisions specified following:
a. A screening wall must be eight (8) feet in height and composed of
masonry or wrought iron materials. The masonry material must have no
openings constituting more than forty (40) square inches in each one (1)
square foot of surface (approximate openings = 28%), and the surface of
such shall constitute a visual barrier. Wrought iron is allowed
concomitant with landscaped screening.
b. All openings in the surface for passage shall be equipped with gates
equal in height and screening characteristics specified above, but need
not be of the same material as the main fence or wall.
C. Prior to the issuance of an occupancy permit, all approved screening
walls must be in place.
d. All screening walls shall be permanently and continually maintained in a
neat and orderly manner as a condition of use. This condition may be
noted on the occupancy permit, which may be revoked by the Building
Official for failure to adequately maintain such screening wall
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ORDINANCE NO. 1425-5-96
e. Screening walls or visual barriers shall be the responsibility of the
developer developing adjacent to an existing development and shall be
placed and maintained in the following locations:
(1) Along any property line or district boundary between any
single-family detached or attached or any two-family use and any
multi -family, mobile home park, commercial, or industrial use, but
not across a dividing street between such uses.
(2) Along any property line or district boundary between any
multi -family use and any commercial or industrial use, but not
across a dividing street between such uses.
(3) All allowed open storage or materials, equipment, or commodities
shall be screened from view from all streets. Materials,
equipment, or commodities shall be stacked no higher than one
(1) foot above the top of the screening wall or visual barrier.
(4) Garbage, trash, or refuse containers shall not be located in front
of the main building, and must be screened from view of the
public.
(5) All wrecking yards, junk yards, or salvage yards shall be screened
on all sides.
(6) All loading facilities facing any street shall be screened from view
from the street.
(7) Display of new, or used in good condition, vehicles, equipment, or
commodities for sale to the general public need not be screened if
they are, in the opinion of the Building Official, maintained in a
neat and orderly manner.
(8) An alternative to these provisions may be allowed, or additional
provisions required with approval of the Planning & Zoning
Commission and City Council.
A variety of plants, including, but not limited to, Japanese Ligustrum,
Frazer Photinias, Nellie Stevens Holly, Willowleaf Holly, and Youpon
Holly, are encouraged.
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ORDINANCE NO. 1425-5-96
3.08 COURT STANDARDS - The minimum dimension and area of outer and inner courts
provided in buildings occupied for residential purposes shall be in accordance with the
following provisions:
Outer Courts, Residential Structures:
a. For residential structures, three (3) stories or less in height, any outer
court which is used for access of light or air or which may be used for
emergency access purposes shall have a minimum width equal to the
depth of the court up to sixteen (16) feet, but the width of any such outer
court need not exceed sixteen (16) feet even though the depth of the
court may exceed such dimension.
b. For residential structures exceeding three (3) stories in height, any outer
court which is used for access of light or air or which may be used for
emergency access purposes shall have a minimum width equal to the
depth of the court up to fifty (50) feet, but the width of any such outer
court need not exceed fifty (50) feet even though the depth of the court
may exceed such dimension.
2. Inner Courts, Residential Structures:
a. For residential structures three (3) stories or less in height, any inner
court which is used for access of light or air or which may be used for
emergency access purposes shall have minimum dimensions in the width
of its base equal to the height of the roof or eave at the top of the wall
enclosing such court, but neither the width nor the length of the base of
such inner court need exceed sixteen (16) feet even though the height of
the enclosing walls may exceed such dimensions.
b. For residential structures exceeding three (3) stories in height, any inner
court which is used for access of light or air or which may be used for
emergency access purposes shall have a minimum dimension in the
length and in the width of its base equal to the height of the roof or eave
at the top of the wall enclosing such court, but neither the width nor the
length of the base of such inner court need exceed fifty (50) feet even
though the height of the enclosing walls may exceed such dimension.
3.91
ORDINANCE NO. 1425-5-96
3.09 ACCESSORY BUILDINGS - The following area regulations shall be observed for all
accessory buildings or accessory structures in all residential, multi -family, or mobile
home districts.
Front Yard - Attached accessory building or structure shall have a front yard not
less than the main building. Detached accessory building or structure shall be
located in the area defined as the rear yard.
2. Side Yard - There shall be a side yard for any detached accessory building of not
less than three (3) feet from any side lot line when such detached accessory
building is located in the rear of the lot (the rear of a line connecting the
midpoints on the two opposite side lot lines of any lot, tract or plot). When a
detached accessory building is located in front of the line connecting the two
midpoints of the opposite side lot lines as herein described, such accessory
building shall observe the same side yard as specified for the main building.
3. Rear Yard:
a. There shall be a rear yard for accessory buildings not less than three (3)
feet from any lot line or alley line, except that if no alley exists, the rear
yard shall not be less than ten (10) feet as measured from the rear lot
line. Accessory buildings shall not be located within a dedicated
easement. Where apartments are permitted, the main building and all
accessory buildings shall not cover more than fifty per cent (50%) of the
rear of the lot (that portion of the lot lying to the rear of a line adjoining
the midpoint of one side lot line with the midpoint of the opposite side lot
line).
b. Where a garage is designed and constructed to be entered from an alley
or side street, such garage shall be set back from the side street or alley
a minimum distance of eighteen (18) feet to facilitate access without
interference with the use of the street or alley by other vehicles or
persons.
C. Where a carport is designed and constructed to be entered from an alley
or side street, such carport shall shelter no more than three (3) vehicles
and shall not exceed twenty-four (24) feet on its longest dimension. It
shall be located no closer than three (3) feet to any side or rear lot line.
4. Air Conditioning Equipment - Air conditioning compressors, cooling towers and
similar accessory structures shall observe all front, side or rear yards specified
for accessory buildings. When such accessory structures are located in the side
yard or that portion of a lot herein designated as the rear of the lot, the minimum
side yard shall be three (3) feet. (Exception: Air conditioning compressors in the
side yards of Single-family dwelling units shall be excluded from this
requirement).
5. Swimming Pools - All swimming pools shall be located behind the front yard or
front building line and in no case shall the water's edge of the pool be nearer
than three (3) feet to any bounding property line of the lot or tract on which it is
situated. No portion of the pool wall may extend into any dedicated easement.
3.92
ORDINANCE NO. 1425-5-96
All pools must be completely enclosed by a fence or wall no less than six (6) feet
in height and having self -latching and self-closing gates. The latching device
shall be located on the pool side a minimum of 4Y2 feet from the ground. During
excavation, temporary fencing shall be provided and maintained at all times.
3.93
ORDINANCE NO. 1425-5-96
3.10 HOME OCCUPATIONS - A "home occupation" is an occupation or activity conducted
within a dwelling unit or residence which is clearly incidental and subordinate to the use
of the premises for dwelling purposes; and shall have the following characteristics:
The activity shall be conducted within the dwelling unit or residence and shall not
occupy more than twenty per cent (20%), not to exceed 400 square feet, of the
residential structure. Outdoor activities shall be allowed but limited to back yards
and used for instructional purposes only.
2. There shall be no outside storage, including storage of vehicles or trailers for
other than the family members living at the residence.
3. There shall be no advertisement, sign, or display, on the premises. Off premise
advertisements shall not include the physical address.
4. There shall be no activity which regularly or periodically attracts persons other
than the residents to the location of the occupation, except those related to
instructional activities only. Instructional activities shall be limited to a maximum
of six (6) students at any time. Parking, picking up, or dropping off students is
prohibited in City alleys.
5. No activity shall indicate, from the exterior of the structure, that the premises are
being used for anything other than a dwelling unit.
6. Only persons of the immediate family that reside in the residence shall be
employed in a home occupation.
7. No home occupation shall be allowed which is offensive by reason of odor,
noise, dust, smoke, fumes, glare, vibration, electrical disturbance, storage of
materials or equipment, or traffic or parking of vehicles in a manner evidencing
the conduct of business.
8. Child care in a registered family home will be allowed and shall be limited to the
number of children allowed under the Environmental Health Ordinance.
9. Any business, occupation, or profession conducted within a dwelling unit and
which does not meet the aforesaid characteristics shall be construed to be a
commercial activity and shall therefore be cause for the City to order a cease to
all such activity within said dwelling unit.
3.94
ORDINANCE NO. 1425-5-96
3.11 MINIMUM ACCESS - To facilitate the adequate provision of transportation; to lessen the
congestion on the streets; and to secure safety from fire, panic, and other dangers,
minimum standards of primary access to various types of uses are hereinafter
established in accordance with the Thoroughfare Plan and Subdivision Regulations of
the City. No permit for the erection of any building or the location of any use shall be
issued until and unless the following minimum design standards are available on the
street on which the use fronts:
Estate Development: Design Standard
Residential or Local Street R2U
Collector Street C2U
Minor Arterial M4U
Principal Arterial P6D
2. Residential, Including Six (6) Design Standard
Attached Units:
Residential or Local Street R3U
Collector Street C2U
Minor Arterial M4U
Principal Arterial P6D
3. Multi -family, Mobile Home, Design Standard
and Institutional Uses:
Residential or Local Street C2U
Collector Street C4U
Minor Arterial M4U
Principal Arterial P6D
4. Commercial and Industrial Uses: Desian Standard
Local Street
C4U
Collector Street
M4U
Minor Arterial
M6D
Principal Arterial
P6D
3.95
ORDINANCE NO. 1425-5-96
3.12 PERFORMANCE STANDARDS - All uses in all districts shall conform in operation,
location, and construction to the performance standards herein after specified.
1. Noise - At no point at the bounding property line of any use in the "LI," "GI," "HI"
or "PD" Industrial Districts shall the sound pressure level of any daytime
operation or plant exceed the decibel limits specified in the Octave Bands groups
designated in the following table:
a. Octave Band Frequencies:
Octave Band
Cycles per Second
20-75
75-150
150-300
300-600
600-1,200
1,200 - 2,400
2,400 - 4,800
4,800 -10,000
Maximum Permitted Sound
Pressure Level, Decibel
86
76
70
65
63
58
55
53
b. Corrections - The following corrections shall be made to the Table of
Octave Band - Decibel Limits in determining compliance with the noise
level standards:
Type of Operation or Correction in
Character of Noise Decibels
Noise source operates Plus 5*
less than 20% of any
one hour period
Noise source operates Plus 10*
less than 5% of any
one hour period
Noise source operates Plus 15*
less than 1 % of any
one hour period
Noise of impulsive Minus 5
character (hammering, etc.)
Noise of periodic Minus 5
character (hum, screech, etc.)
Noise present at night Minus 7
* Apply one correction only
C. Daytime shall refer to the hours between sunrise and sunset on any given
day.
3.96
ORDINANCE NO. 1425-5-96
d. Bounding Property Line shall be interpreted as being at the far side of
any street, alley, stream or other permanently dedicated open space from
the noise source when such open space exists between the property line
of the noise source and adjacent property. When no such open space
exists, the common line between two parcels of property shall be
interpreted as the bounding property line.
e. Measurement of Noise shall be made with a sound level meter or octave
band analyzer meeting the standards prescribed by the American
Standards Association.
Exemptions - The following uses and activities shall be exempt from the
noise level regulations herein specified.
(1) Noises not directly under control of the property user.
(2) Noises emanating from construction and maintenance activities
during daytime hours.
(3) Noises of safety signals, warning devices and emergency
pressure relief valves.
(4) Transient noise of moving sources such as automobiles, trucks,
air planes and railroads.
2. Smoke and Particulate Matter - No operation or use in any district shall cause,
create or allow the emission for more than three minutes in any one hour of air
contaminants which at the emission point or within the bounds of the property
are:
a. In violation of the standards specified by the Texas Natural Resource
Conservation Commission (TNRCC) for the control of Air Pollution as
published by the Texas State Department of Health or as such
regulations may be amended.
b. Of such opacity as to obscure an observer's view to a degree equal to or
greater than does smoke or contaminants in the standard prescribed in
(1) above except that: when the presence of uncombined water is the
only reason for failure to comply or when such contaminants are emitted
inside a building which prevents their escape into the outside
atmosphere, the standards in 8-502(1) and (2) shall not apply.
C. The open storage and open processing operations, including on-site
transportation movements which are the source of wind or airborne dust
or other particulate matter; or which involves dust or other particulate air
contaminant generating equipment such as used in paint spraying, grain
handling, sand or gravel processing or storage or sand blasting shall be
so conducted that dust and other particulate matter so generated are not
transported across the boundary line of the tract on which the use is
located in concentrations exceeding four (4) grains per one thousand
(1,000) cubic feet of air.
3.97
ORDINANCE NO. 1425-5-96
3. Odorous Matter:
a. No use shall be located or operated in any district which involves the
emission of odorous matter from a source of operation where the
odorous matter exceeds the odor threshold at the bounding property line
or any point beyond the tract on which such use or operation is located.
b. The odor threshold as herein set forth shall be determined by observation
by a person or persons. In any case, where uncertainty may arise or
where the operator or owner of an odor emitting use may disagree with
the enforcing officer or where specific measurement of odor
concentration is required, the method and procedures as specified by
American Society for Testing Materials A.S.T.M.D. entitled Standard
Method for Measurement of Odor in Atmospheres shall be used and a
copy of A.S.T.M.D. is hereby incorporated by reference.
4. Fire and Explosive Hazard Material:
a. No use involving the manufacture or storage of compounds or products
which decompose by detonation shall be permitted in an "LI," "GI," "HI,"
or "PD" Industrial District except that chlorates, nitrates, perchlorates,
phosphrous and similar substances and compounds in small quantities
for use by industry, school laboratories, druggists or wholesalers may be
permitted when approved by the Fire Department.
b. The storage and use of all flammable liquids and materials such as
pyroxylin plastics, nitrocellulose film, solvents and petroleum products
shall be permitted only when such storage or use conforms to the
standards and regulations of the City.
5. Toxic and Noxious Matter - No operation or use permitted in an "LI," "GI," "HI," or
"PD" Industrial District shall emit a concentration across the bounding property
line of the tract on which such operation or use is located of toxic or noxious
matter which will exceed ten (10) per cent of the concentration (exposure)
considered as the threshold limit for an industrial worker as such standards are
set forth by the Texas State Department of Health in Threshold Limit Values
Occupational Health Regulation No. 3, a copy of which is hereby incorporated by
reference and is on file in the office of the Building Official of the City.
6. Vibration - No operation or use in an "LI," "GI," or "PD" Industrial District shall at
any time create earth -born vibration which, when measured at the bounding
property line of the source of operation, exceed the limits of displacement set
forth in the following table in the frequency ranges specified.
3.98
ORDINANCE NO. 1425-5-96
Frequency
Displacement
Cyles Per Second
In Inches
0 to 10
.0010
10 to 20
.0008
20 to 30
.0005
30 to 40
.0004
40 and Over
.0003
7. Open Storage - No open storage of materials or commodities shall be permitted
in an "LI" or "PD" Industrial District except as an accessory use to a main use
which is located in a building. No open storage operation shall be located in
front of the main building and no storage use shall constitute a wrecking, junk, or
salvage yard, except when such is approved with development and operation
standards within a "GI" District. All open storage areas shall be screened from
view of the public streets by a fence or wall (minimum height 8 feet), and shrubs,
trees or other landscaping as approved by the Director of Community
Development.
8. Waste Materials - No use or operation shall discharge into the open onto the
ground or into any drainageway, open pit or pond any waste materials, liquids,
residue or by-products for storage, decomposition, disposal or fill, unless
approved by the Director of Community Development.
3.99
ORDINANCE NO. 1425-5-96
ARTICLE 4 ADMINISTRATION
4.01 ADMINISTRATIVE OFFICIAL - The provision of this Ordinance shall be administered and
enforced by the Director of Community Development.
The Director of Community Development, or duly authorized person, shall have the right
to enter upon any premises at any reasonable time for the purpose of making inspections
of buildings or premises necessary to carry out his duties in the enforcement of this
Ordinance; provided that if such structure or property is occupied, the enforcement authority
shall first present proper credentials and request entry, and if such entry is refused, the
enforcement authority shall have recourse to every remedy provided by law to secure entry.
Whenever any construction work is being done contrary to the provisions of this Ordinance,
the Building Official may order the work stopped by notice in writing served on the owner
or contractor doing or causing such work to be done, and any such persons shall forthwith
stop such work until authorized by the Building Official.
4.02 PLANNING AND ZONING COMMISSION - The duly appointed Planning and Zoning
Commission of the City shall have the following authority and responsibilities under the
provisions of this Ordinance:
The Planning and Zoning Commission shall consider and recommend to the City
Council, approval or denial of any Site Plan required by this Ordinance, as provided
in Section 2.09, Site Plan Approval.
2. The Planning and Zoning Commission shall hold a public hearing and make a
recommendation to the City Council, prior to any consideration by the City Council,
on any of the following:
a. Any change or amendment to any of the provisions or regulations contained
in this Ordinance.
b. Any change or amendment to the Zoning Districts Map, or any change in
any Zoning District Boundary.
C. Any request for Specific Use Permit.
d. Any request for Planned Development "PD" District.
3. The Planning and Zoning Commission may, either on its own initiative or by
direction of the City Council or at the request of any property owner , schedule and
hold a public hearing on any proposed change or amendment to this Ordinance as
provided herein.
4. The Planning and Zoning Commission shall have no authority to change any
provisions of this Ordinance; nor grant any Specific Use Permit; nor change any
Zoning District Boundary; nor grant any variance or exception to the Provisions of
this Ordinance.
4.1
ORDINANCE NO. 1425-5-96
4.03 CHANGES AND AMENDMENTS -Under the provision of Local Government Code Section
211 et seq., the City Council by their own initiative may from time to time amend,
supplement or change by Ordinance the boundaries of the districts or the regulations herein
established, within the following process.
1. Submission to Planning Commission - Before taking any action on any proposed
amendment, supplement, or change in the Ordinance, the City Council shall submit
the proposed revision to the Planning and Zoning Commission for its review,
recommendation, and report. Said submission should include a property legal
description and land use plan. If submission is a planned development, then any
variance from the Zoning Ordinance should be identified; otherwise, the standards
of the Zoning Ordinance shall govern. If the proposed use generates more than
1,000 trips per day, then a traffic study shall be required. The requirements of the
traffic study are identified in the Traffic Impact Analysis Requirements. If
Community Facilities are identified in the Comprehensive Plan (Plates 8 and 8-A),
then they should be indicated on the land use plan after determinations have been
made by the City and/or School District as to the appropriateness of the site
reservation.
2. Public Hearing and Notice - Prior to making its report to the City Council, the
Planning and Zoning Commission shall hold at least one (1) public hearing thereon.
Written notice of all public hearings on proposed changes shall be sent to all owners
of property, or to the person rendering the same for City taxes lying within two
hundred (200) feet of the property on which the change of zoning classification is
proposed, not less than ten (10) days before such hearing is held. Such notice may
be served by using the last known address as shown on the last approved City tax
roll, and depositing the notice, properly addressed and postage paid, in the City
Post Office.
Notice of hearings on proposed changes in zoning regulations affecting the City in
general shall be accomplished by one (1) publication, one (1) time in a newspaper
of general circulation in the City, stating the time and place of such hearing, which
time shall not be earlier than fifteen (15) days from the first date of publication.
3. Commission Report - The Commission, after the public hearing is closed, shall
prepare a written report on the requested change stating its findings, its evaluation
of the request in relation to the established criteria and the relationship of the
request to the adopted City Plan, and its recommendation thereon.
The Commission may defer its report for not more than ninety (90) days until it has
had opportunity to consider other proposed changes which may have a direct
bearing thereon. In making its determination, the Commission shall report its
findings after considering the following criteria:
a. Is there a public need for additional land space to be rezoned as requested?
b. Is there an alternate area for the use requested that would eliminate the
need for rezoning?
4.2
ORDINANCE NO. 1425-5-96
C. If a public need exists, should rezoning be done in the area requested or
would the public interest be better served if rezoning was done in other
areas?
d. Would granting the rezoning request conform to the present future land use
plan of the City.
e. Would granting the request adversely affect the property values of adjacent
land owners to an unreasonable degree?
Would the request impose undue hardships, such as noise, neon signs,
lights, odors, or other nuisances on adjacent land owners?
g. Would necessary utilities be available at this time or adequately planned?
If granted, what additional public services would be required? Is the
property located within a school or park service boundary as delineated on
Plates 8 and 8-A of the Comprehensive Plan and been determined to be the
appropriate site for reservation? If so, is it being reserved through the
zoning process and under what conditions? School sites should be adjacent
to a park site whenever possible.
Would physical impact of requested zoning have adverse affect upon the
City's budget (Capital and Operating), that is, would added cost exceed
anticipated revenues?
Was there an error or oversight in preparing the original zoning map which
indicates this zone being requested should have been included then?
k. Is this change really needed by the public or is it merely a convenience to
the owner?
Is this change considered spot zoning?
4. Council Hearing - A public hearing shall be held by the City Council before adopting
any proposed amendment, supplement, or change to the Ordinance. Notice of such
hearing shall be given by publication one (1) time in a newspaper of general
circulation in the City, stating the time and place of such hearing, which time shall
not be earlier than fifteen (15) days from the first date of publication.
5. Negative Recommendations: Written Protest - An amendment, supplement, or
change shall not become effective except by favorable vote of three-fourths (3/4)
of all members of the Council:
a. If the Commission recommends disapproval of the proposed change, or
b. If written protest against such change signed by the owners of 20% or more
either of the area of the lots or land included in such proposed change, or
of the lots or land immediately adjoining the same and extending 200 feet
therefrom. In computing the percentage of land area, the area of streets
and alleys shall be included in the computation.
4.3
ORDINANCE NO. 1425-5-96
Protests signed by property owners may be filed prior to or at one of the
public hearings conducted by either the Commission or the Council. Written
protests filed with the Commission shall be for warded to the Council with
the Commission's recommendation on the request.
6. Sian - A sign shall be erected by the owner of the property on which the change or
classification is requested, no less than ten (10) days prior to the public hearing held
by the City Council. Such sign shall be a minimum of three (3) feet by six (6) feet
in size and shall face and be within thirty (30) feet of the closest, adjacent, most
heavily traveled thoroughfare. This sign shall state in bold letters of at least three
(3) inches in height the current zoning, the requested change, and the time and date
and location of the public hearing. The quality, design, and structure of the sign
must be approved by the Building Official prior to erection. This requirement shall
be waived if the property does not abut a dedicated street. The owner of the
property is responsible for removal of the sign immediately following the public
hearing.
7. Limitation on Re -Submission of Petition - No amendment, supplement, change, or
appeal of any section of this Ordinance which has been legally rejected by both the
Planning and Zoning Commission and the City Council shall be again considered
either by the Planning and Zoning Commission or the City Council on an appeal or
petition by an appellant or application before the expiration of one (1) year from the
date of the original action.
4.4
ORDINANCE NO. 1425-5-96
4.04 BOARD OF ADJUSTMENT - The Board of Adjustment is hereby established in accordance
with the provisions of Local Government Code Section 211 et seq., regarding the zoning
of cities and with the powers and duties as provided in said Statutes.
Organization:
a. Membership - The Board shall consist of five citizens, each to be appointed
and re -appointed by the City Council. In addition to the five (5) regular
members of the Board of Adjustment, two (2) alternate members of the
Board of Adjustment who shall serve in the absence of one (1) or more
regular members when requested to do so by Mayor or City Manager shall
be appointed by a majority of the City Council, so that all cases heard by the
Board of Adjustment will always be heard by a minimum of four (4)
members. Regular members and alternate members of the Board of
Adjustment shall serve for a period of two (2) years and until their succes-
sors are appointed and qualified. Each member of the Board shall be
removable for just cause by City Council upon written charges and after
public hearings. Vacancies shall be filled by the City Council for the
unexpired term of any member whose term becomes vacant. The Board
shall elect its own chairman, who shall serve for a period of one (1) year or
until his successor is elected. Such chairman or in his absence, the acting
chairman shall administer oaths and compel attendance of witnesses.
b. Meetings - Meetings of the Board shall be held at the call of the chairman
and at such times as the Board may determine.
C. Hearings - The hearings of the Board of Adjustment shall be public. The
Board shall hear the intervention of any owner of property adjacent to, in the
rear of, or across the street from a lot as to which the granting of any
building permit is pending, and shall also hear any other parties in interest.
All hearings are to be heard by at least four (4) members of the Board.
d. Rules and Regulations - The Board shall keep minutes of its proceedings,
showing the vote of each member upon each question or, if absent or failing
to vote, indicating such fact, and shall keep records of its examinations and
other official actions, all of which shall be immediately filed in the office of
the Board and shall be a public record. The Board of Adjustment shall act
by resolution in which four (4) members must concur. The Board shall adopt
from time to time such additional rules and regulations as it may deem
necessary to carry into effect the provisions of the Ordinance, and shall
furnish a copy of the same to the Building Official, all of which rules and
regulations shall operate uniformly in all cases. All of its resolutions and
orders shall be in accordance therewith.
4.5
ORDINANCE NO. 1425-5-96
2. Appeals:
a. Procedure - Appeals to the Board of Adjustment may be taken by any
person aggrieved, or by any officer, department, board, or bureau of the City
of Allen affected by any decision of the Building Official or other Administra-
tive Officer of the City of Allen. Such appeals shall be taken within fifteen
(15) days after the date of the decision of the Building Official or other
Administrative Officer has been rendered, by filing with the officer with whom
the appeal is taken and with the Board of Adjustment a notice of appeal
specifying the ground thereof. The officer from whom the aapeal is taken,
shall forthwith transmit to the Board all the paper constituting the record
from which the appeal is taken.
b. Fee - A filing fee of one hundred ($100) dollars to help pay a part of the cost of legal
publications, accumulating engineering data, and other administrative cost shall
accompany each notice or appeal filed with the Board of Adjustment.
C. Stay of Proceedings - An appeal shall stay all proceedings in furtherance of the
action appealed from unless the Building Official shall certify to the Board of
Adjustment that by reason of facts in the certificate, a stay would, in his opinion,
cause imminent peril to life or property, in which case proceedings shall not be
stayed otherwise than by a restraining order which may be granted by the Board of
Adjustment or by a court of equity, after notice to the office from whom the appeal
is taken and on due cause shown.
d. Notice of Hearing on Appeal - The Board shall fix a reasonable time for the hearing
of the appeal or other matters referred to it, and shall mail notices of such hearing
to the petitioner and to the owners of property lying within two hundred (200) feet
of any point of the lot or portion thereof on which a variation is desired, and to all
other persons deemed by the Board to be affected thereby, such owners and
persons being determined according to the current tax rolls of the City. Depositing
of such written notice in the mail, postage -paid, shall be deemed sufficient
compliance therewith.
e. Decision by Board - The Board shall fix a reasonable time for the hearing of the
appeal or other matters referred to it, and shall mail notices of such hearing to the
petitioner and to the owners of property lying within two hundred (200) feet of any
point of the lot or portion thereof on which a variation is desired, and to all other
persons deemed by the Board to be affected thereby, such owners and persons
being determined according to the current tax rolls of the City. Depositing of such
written notice in the mail, postage -paid, shall be deemed sufficient compliance
therewith.
e. Decision by Board - The Board shall decide the appeal within ninety (90) days.
Upon the hearing, any party may appear in person or by agent or attorney. The
Board may reverse or affirm wholly or partly or may modify the order, requirements,
decision, or determination as in its opinion ought to be made in the premises, and
to that end, shall have all powers of the officer or department from whom the appeal
is taken.
3. Powers and Duties of Board:
4.6
ORDINANCE NO. 1425-5-96
a. Appeals Based on Error - The Board shall have the power to hear and decide
appeals where it is alleged there is error of law in any order, requirements, decision
or determination made by the Building Official in the enforcement of this Ordinance.
b. Special Exceptions - The Board shall have the power to hear and decide special
exceptions to the terms of this Ordinance upon which the Board is required to pass
as follows or elsewhere in this Ordinance.
(1) Permit the erection and use of a building or the use of premises for railroads
if such uses are in general conformance with the Master Plan and present
no conflict or nuisance to adjacent properties.
(2) To permit a public utility or public service or structure in any district, or a
public utility or public service building of a ground area and of a height at
variance with those provided for in the district in which such public utility or
public service building is permitted to be located, when found reasonably
necessary for the public health, convenience, safety, or general welfare.
(3) To grant a permit for the extension of a use, height or area regulation into
an adjoining district, where the boundary line of the district divides a lot in
a single ownership on the effective date of this Ordinance.
(4) Permit the reconstruction of a nonconforming building which has been
damaged by explosion, fire, act of God, or the public enemy, to the extent
of more than fifty (50) per cent of its fair market value, where the Board finds
some compelling necessity requiring a continuance of the nonconforming
use and the primary purpose of continuing the nonconforming use is not to
continue a monopoly.
(5) Approve and permit alternate building materials in Zoning Districts other
than residential requiring masonry construction of exterior walls, if such
alternate is in general conformance with and does not conflict with adjacent
properties.
C. Variances - The Board shall have the power to authorize upon appeal in specific
cases such variance from the terms of this Ordinance as will not be contrary to the
public interest, where, owing to special conditions, a literal enforcement of the
provisions of this Ordinance will result in unnecessary hardship, and so that the
spirit of this Ordinance shall be observed and substantial justice done, including the
following:
(1) Permit a variance in the yard requirements of any district where there are
unusual and practical difficulties or unnecessary hardships in the carrying
out of these provisions due to an irregular shape of the lot, topographical or
other conditions, provided such variance will not seriously affect any
adjoining property or the general welfare.
(2) Authorize upon appeal, whenever a property owner can show that a strict
application of the terms of this Ordinance relating to the construction or
alterations of buildings or structures will impose upon him unusual and
practical difficulties or particular hardship, such variances from the strict
4.7
ORDINANCE NO. 1425-5-96
application of the terms of this Ordinance as are in harmony with its general
purpose and intent, but only when the Board is satisfied that a granting of
such variation will not merely serve as a convenience to the applicant, but
will alleviate some demonstrable and unusual hardship or difficulty so great
as to warrant a variance from the comprehensive plan as established by this
Ordinance, and at the same time, the surrounding property will be properly
protected.
(3) Waive or reduce the parking and loading requirements in any of the districts,
whenever the character or use of the building is such as to make unneces-
sary the full provision of parking or loading facicities, or where such
regulations would impose an unreasonable hardship upon the use of the lot,
as contrasted with merely granting an advantage or a convenience.
d. Changes - The Board shall have no authority to change any provisions of this
Ordinance and its jurisdiction is limited to hardship and borderline cases which may
arise from time to time. The Board may not change the district designation of any
land either to a more restrictive or less restrictive zone.
e. Appeals - No appeal to the Board of Adjustment shall be allowed on the same piece
of property, on the same or similar question prior to the expiration of one (1) year
from the date of a ruling of the Board of Adjustment on any appeal to such body,
unless other property in the same zoning area shall have within such one (1) year
period been altered or changed by ruling of the Board of Adjustment in which case
such appeals of circumstances shall permit the allowance of an appeal.
:�3
ORDINANCE NO. 1425-5-96
ARTICLE V ENFORCEMENT
5.01 BUILDING PERMITS - All applications for building permit shall be reviewed by the City of
Allen to assure compliance with all requirements of this ordinance, including those
described under Section 2.09 (Site Plan). Issuance of building permit shall constitute
acceptance of same. All applications for building permits shall be accompanied by
accurate plot plans, submitted in triplicate, drawn to scale, showing:
The actual shape and dimensions of the lot to be built upon.
2. The exact sizes and locations on the lot of the buildings and accessory buildings
then existing.
3. The lines within which the proposed building and structure shall be erected or
altered.
4. The existing and intended use of each building or part of building.
5. The number of families or dwelling units the building is designed to accommodate.
6. Such other information with regard to the lot and neighboring lots as may be
necessary to determine and provide for the enforcement of this Ordinance.
One copy of such plot plans will be returned to the owner when such plans have
been reviewed.
All dimensions shown on these plans relating to the location and size of the lot to
be built upon shall be based on an actual survey by a qualified registered surveyor
or be based on a subdivision plat properly approved by and filed with the City, and
the lot shall be staked out on the ground before construction is started.
Building Permit application shall also include the following:
(1) Three (3) or more copies of specifications, and of drawings drawn to scale
with sufficient clarity and detail to indicate the nature and character of the
work, shall accompany every application. Such drawings and specifications
shall contain information, in the form of notes or otherwise, as to the quality
of materials, where quality is essential to conformity with this code. Such
information shall be specific, and this code shall not be cited as a whole or
in part, nor shall the term 'legal' or its equivalent be used, as a substitute for
specific information.
(2) The Building Official may require details, computations, stress diagrams,
and other data necessary to describe the construction and basis of
calculations and they shall bear the signature of the person responsible for
the design.
(3) All drawings, specifications, and accompanying data shall bear the name
and address of the designer. In the case of buildings or structures which
are not exempt from the "Texas Engineering Practice Act" or the "Texas
Architectural Practice Act" such designer shall be an architect or engineer
5.1
ORDINANCE NO. 1425-5-96
legally registered under the laws of this state regulating the practice of
architecture or engineering and shall affix his or her official seal on said
drawings, specifications and accompanying data.
(4) Plans for all buildings shall indicate how required structural and fire resistive
integrity will be maintained where a penetration of a required fire resistive
wall, floor or partition will be made for electrical, mechanical, plumbing and
communication conduits, pipes and systems and also indicate in sufficient
detail how the fire integrity will be maintained where required fire resistive
floors intersect the exterior walls.
(5) All building permits shall be issued or rejected within thirty (30) days.
5.02 PERMITS AND AGREEMENTS - This Ordinance is not intended to abrogate or annul:
Any permits issued before the effective date of this Ordinance.
2. Any easement, covenant or any other private agreement.
5.03 CERTIFICATE OF OCCUPANCY - No Building hereafter erected, converted or structurally
altered shall be used, occupied or changed in use and no land may be used nor shall any
basic change of use in land or structure be made until a Certificate of Occupancy and
Compliance shall have been issued by the Building Official of the City stating that the
building or proposed use of land or building complies with the provisions of this Ordinance
and other building laws of the City.
Requirement - A Certificate of Occupancy shall be required for any of the following:
a. Occupancy and use of a building hereafter erected or structurally altered.
b. Change in use of an existing building to a use of a different classification.
C. Occupancy and use of vacant land, except agricultural use.
d. Change in the use of land to a use of a different classification.
e. Any change in the use of nonconforming use.
No such occupancy, use or change of use, shall take place until a Certificate
of Occupancy therefore shall have been issued by the Building Official.
2. Procedure for New or Altered Buildings - Written application for a Certificate of
Occupancy for a new building or for an existing building which is to be altered shall
be made at the same time as the application for the Building Permit for such
building. Said Certificate shall be issued within five (5) working days after the
erection or alteration of such building or part thereof has been completed in
conformity with the provisions of this Ordinance.
3. Procedure for Vacant Land or a Change in Use - Written application for a Certificate
of Occupancy for the use of vacant land, or for a change in the use of land or a
building, or for a change in a nonconforming use, as herein provided, shall be made
5.2
ORDINANCE NO. 1425-5-96
to said Building Official. If the proposed use is in conformity with the provisions of
this Ordinance, the Certificate of Occupancy therefore shall be issued within three
(3) days after the application for same has been made.
4. Contents - Every Certificate of Occupancy shall state that the building or the
proposed use of a building or land complies with all provisions of law. A record of
all Certificates of Occupancy shall be kept in file in the office of the Building Official
or his agent and copies shall be furnished on request to any person having
proprietary or tenancy interest in the building or land affected.
5. Temporary Certificate - Pending the issuance of a regular certificate, a temporary
Certificate of Occupancy may be issued by the Building Official for a period not
exceeding six (6) months, during the completion of alterations or during partial
occupancy of a building pending its completion. Such temporary certificates shall
not be construed as in any way altering the respective rights, duties or obligations,
of the owners or of the City relating to the use or occupancy of the premises or any
other matter covered by this Ordinance.
6. Certificates for Nonconforming Uses - A Certificate of Occupancy shall be required
for all lawful nonconforming uses of land or buildings created by adoption of this
Ordinance. Application for such Certificate of Occupancy for a nonconforming use
shall be filed with the Building Inspector by the owner or lessee of the building or
land occupied by such nonconforming use within one (1) year of the effective date
of this Ordinance. It shall be the duty of the Building Inspector to issue a Certificate
of Occupancy for a lawful nonconforming use, but failure to apply for such
Certificate of Occupancy for a nonconforming use shall be evidence that said
nonconforming use was either illegal or did not lawfully exist at the effective date of
this Ordinance.
5.04 FILING FEES AND CHARGES - The following schedule of fees and charges shall be paid
to the City when any application, petition, or appeal is tendered to the Planning and Zoning
Commission or any other authorized board, agency, or official of the City. Each of the fees
and charges provided herein shall be paid in advance, and no action of the Commission,
Council, or any other board, agency, or official of the City shall be valid until the fees and
charges shall have been paid to the City.
Except as hereinbefore provided, these fees and charges shall be paid on all applications,
petitions, and appeals, regardless of the action taken by the Commission or any other
board, agency, or official of the City, and whether the application, petition, or appeal is
approved or denied by the City Council. Such fees and charges shall not, however, be
charged or paid for any amendment, change, or other action initiated by the City.
All portions of an acre shall be considered a full acre when determining the cost for filing_
Amendment or Change - For any application for amendment or change to this
Zoning Ordinance, including change in Zoning District Boundaries, change in use,
Planned Development, Specific Use Permit, removal or change in Flood Plain
designation, or other amendment:
a. Residential - $500 plus $10 per acre
5.3
ORDINANCE NO. 1425-5-96
b. Commercial - $500 plus $10 per acre
C. Specific Use Permit - $350 plus $10 per acre
d. Specific Use Permit for any portion of an existing building - $250
e. Planned Development - $500 plus $10 per acre
2. For consideration of any appeal, exception, or variance as authorized herein:
a. Appeal, exception, or variance by the Board of Adjustment requiring a
single decision - $100.00.
b. Appeal, exception, or variance by the Board of Adjustment requiring multiple
actions or decisions - $100.00 per single action, plus $10.00 per each
additional action.
3. Building Permits - Fees and charges for building permits shall be in accordance with
the schedule of fees and charges otherwise adopted or in use by the City.
4. Temporary Use Permit - For such temporary uses as may be permitted or granted
by the Director of Community Development of the City - $25.00 per permit or
extension of permit.
5.05 PENALTY - Any person, firm, or corporation who shall violate any of the provisions of this
Ordinance or who fail to comply with the provisions hereof shall be guilty of a misdemeanor
and, upon conviction, shall be subject to a fine not to exceed two thousand dollars
($2,000.00), and each day that such violation continues shall constitute a separate offense
and shall be punishable accordingly. Each and every tree removed illegally under Section
3.05 Landscaping and Tree Preservation Requirements, shall constitute a separate offense
and shall be punishable accordingly.
5.06 CONFLICT - Any previous Ordinances of the City of Allen now in effect governing the
zoning and use of land are hereby repealed. Whenever the requirements of this Ordinance
conflict with those contained in other Ordinances of the City, the most stringent or restrictive
provision shall govern.
5.07 SEVERABILITY - If any section, paragraph, clause, or part of this Ordinance is declared
invalid or unenforceable for any reason, such declaration shall not be held to invalidate or
impair the validity, force or effect of any other section, paragraph, clause, or part of this
Ordinance.
5.08 SAVINGS - By the passage of this Ordinance, no presently illegal use shall be deemed to
have been legalized unless specifically such use falls within a use district where the actual
use is a conforming use. Otherwise, such uses shall remain nonconforming uses where
recognized, or an illegal use, as the case may be. It is further the intent and declared
purpose of this Ordinance that no offense committed, and no liability, penalty or forfeiture,
either civil or criminal, incurred prior to the time the existing Zoning Ordinance was repealed
and this Zoning Ordinance adopted, shall be discharged or affected by such repeal; but
prosecutions and suits for such offenses, liabilities, penalties, or forfeitures may be
5.4
ORDINANCE NO. 1425-5-96
instituted or causes presently pending proceeded with in all respects as if such prior
ordinance had not been repealed.
It is further declared to be the intention of the City Council of Allen that the following
Planned Development Ordinances are carried forth in full force and effect and not repealed
and are the conditions, restrictions, and regulations which apply to the respective Planned
Development Districts shown on the Zoning Map at the date of adoption of this Ordinance.
The densities and development requirements existing in any Planned Development Districts
at the time of the adoption of those ordinances shall be maintained in their original form.
PLANNED DEVELOPMENT ORDINANCES NOT REPEALED
Zoning Map Number
Applicable City Ord. No.
1
260
2
367-10-81
3
368-10-81
4
369-10-81
5
370-10-81
6
371-10-81
7
372-10-81
8
373-10-81
9
441-6-83
10
449-8-83
11
457-9-83
12
458-9-83
13
459-9-83
14
465-10-83
15
471-11-83
19
495-3-84
21
504-4-84
22
507-5-84
24
514-6-84
25
509-5-84
26
546-9-84
31
603-4-85
33
625-8-85
34
641-10-85
35
680-3-86
36
698-5-86
37
708-7-86
39
731-9-86
40
751-10-86
42
756-10-86
43
771-12-86
44
782-3-87
45
800-7-87
46
802-8-86
47
855-5-88
48
998-9-90
49
1048-9-91
5.5
ORDINANCE NO. 1425-5-96
50
1153-2-93
51
1165-4-93
52
1170-5-93
53
1171-5-93
54
1172-3-93
55
1226-3-94
56
1281-9-94
57
1399-2-96
58
1409-3-96
5.09 EFFECTIVE DATE - The fact that the rules and regulations governing the zoning and use
of 'land within the City of Allen are inadequate to ensure orderly future development,
creates an emergency in the preservation of the public health, safety and welfare, and
requires that this Ordinance shall take effect immediately from and after its passage.
DULY PA SED AND ADOPTED by the City Council of the City of Allen, Texas, this then�jvQ day
of ,4 y , 1996.
APPROVED AS TO FORM:
A. jer, CI ATTORNEY
APPROVED:
Joe Farmer, MAYOR
ATTEST:
D�—
J Mor on, CMC, CITY SECRETARY
5.6
EXHIBIT "A"
ILLUSTRATIONS
These illustrations are intended as conceptual only; distances and measure-
ments shall be in conformance with all City of Allen regulations
FRONT YARD
LOT WIDTH
(A)
STREET
ALLEY
ILLUSTRATION 1.
LOT WIDTH
FRONT YARD
LOT WIDTH
TO BE MEASURED
ALONG CHORD
(B)
ILLUSTRATION 2.
LOT DEPTH
FRONT YARD
CHORD LENGTH
LOT WIDTH
TO BE MEASURED
ALONG CHORD
(C)
V-)
(A)
LOT DEPTH IS FUNCTION OF MINIMUM LOT AREA AND LOT WIDTH
ILLUSTRATION 3.
YARDS
FRONT YARD
FRONT YARD
BUILDING AREA
MID POINT ON
LOT LINE
BUILDING AREA
RESIDENTIAL
50% OF THIS
STRUCTURE
AREA MAY BE
BUILDING LINE
507 OF THIS
ACCESSORY COVERED BY
AREA MAY BE
BUILDING STRUCTURES
ACCESSORY
COVERED BY
LINE
BUILDING
STRUCTURES
LINE
5'
NO ALLEY OR EASEMENT
ALLEY OR EASEMENT
-
NO SETBACK
WHERE ATRIUM OR PATIO HOUSES OR CLUSTER HOMES
REQUIRED
ARE ATTACHED ALONG REAR OF LOT NO REAR YARD
IS REQUIRED.
STREET
FRONT OF LOT
IS SIDE OF LEAST
DIMENSION
I
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00
o:
I}�
Iwo
C5 w
a
Lu
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V)
ILLUSTRATION 4.
CORNER LOT
STREET
�1
w STREET
La
FRONT YARD 20' MINIMUM
w I
I
LOT PLATTED PRIOR LOT PLATTED AFTER
TO EFFECTIVE DATE EFFECTIVE DATE OF I
OF ORDINANCE ORDINANCE o
r
0
w
SF -2
ILLUSTRATION 5.
METHOD OF MEASURING
FRONT YARD
STANDARD
FRONT
SPECIFIED FRONT YARD YARDS
BOTH
FRONTAGES
PROPERTY
LINE
IN SPLIT ZONING, FRONT YARD REMAINS
UNIFORM THROUGHOUT BLOCK
THIS BUILDING LINE MAY BE
VARIED FROM FRONT YARD
STANDARD IF APPROVED ON
PLAT BY CITY PLANNING AND
ZONING COMMISSION PROVIDED
THIS DISTANCE IS NOT REDUCED
TO LESS THAN 15 FEET.
STREET
FRONT YARD
— — T
I
.--1
FRONT YARD]
BUILDING LINE FOR
ACCESSORY BUILDING
ESTABLISHED BY
PLAT OR ORDINANCE
I
I
IFRONT YA
STREET
ILLUSTRATION 6.
DOUBLE FRONTAGE LOTS
SF -2 SF -2 SF -2 LR LR LR
I
STREET
ILLUSTRATION 7.
FRONT YARD WHERE ZONING
CHANGES IN A BLOCK
LR
FRONT YARD
I
I
I
DIMENSIONS"
MAY BE VARIED
ION
PLAT
I
o
APPROVED BY
a
} I
THE PLANNING
AND ZONING
Z
o I
COMMISSION.
w
REAR YARD
�1
w STREET
La
FRONT YARD 20' MINIMUM
w I
I
LOT PLATTED PRIOR LOT PLATTED AFTER
TO EFFECTIVE DATE EFFECTIVE DATE OF I
OF ORDINANCE ORDINANCE o
r
0
w
SF -2
ILLUSTRATION 5.
METHOD OF MEASURING
FRONT YARD
STANDARD
FRONT
SPECIFIED FRONT YARD YARDS
BOTH
FRONTAGES
PROPERTY
LINE
IN SPLIT ZONING, FRONT YARD REMAINS
UNIFORM THROUGHOUT BLOCK
THIS BUILDING LINE MAY BE
VARIED FROM FRONT YARD
STANDARD IF APPROVED ON
PLAT BY CITY PLANNING AND
ZONING COMMISSION PROVIDED
THIS DISTANCE IS NOT REDUCED
TO LESS THAN 15 FEET.
STREET
FRONT YARD
— — T
I
.--1
FRONT YARD]
BUILDING LINE FOR
ACCESSORY BUILDING
ESTABLISHED BY
PLAT OR ORDINANCE
I
I
IFRONT YA
STREET
ILLUSTRATION 6.
DOUBLE FRONTAGE LOTS
SF -2 SF -2 SF -2 LR LR LR
I
STREET
ILLUSTRATION 7.
FRONT YARD WHERE ZONING
CHANGES IN A BLOCK
LR
ILLUSTRATION 8.
INTERPRETATION OF AVERAGE FRONT YARD
WHERE YARD DEPTH VARIES
Basis of
Computation
C
D
E
F
Existing
Buildings
Computed Minimum Setbacks
Lots
Setback
A
28. 75'
AVERAGE -VACANT
45'
C
15'
B
25'
NEED NOT
SET BACK OVER
D
35'
10' FROM
C
E
35'
C
15'
EXISTING
D
35'
EXISTING
H
45'
E
35'
EXISTING
*Other vacant lots assumed
F
28. 75'
AVERAGE -VACANT
G
38.75'
NEED NOT
SET BACK OVER
25'
10' FROM
F VACANT
Average line
= 28.75'
H
45'
EXISTING
I
AVERAGE LINE
COMPUTED AS
31.25 FEET _
J
A
B
C
D
E
F
G
H
*
15'
35'
35'
*
45'
STREET
ILLUSTRATION 9.
SPECIAL APARTMENT SIDE YARD
AND SPACING STANDARDS
LESS
THAN
35'
r
WHERE LONG DIMENSION OF BUILDING IS PARALLEL TO SIDE YARD
I COMBINATION
1 15'
WHERE END OR NARROW DIMENSION OF BUILDING IS PARALLEL TO SIDE YARD
ILLUSTRATION 10.
FLOOR AREA RATIO
EACH DRAWING ILLUSTRATES FLOOR AREA RATIO OF 1 1
ILLUSTRATION 11.
SET BACK STANDARDS HIGH RISE
APARTMENT & SIMILAR STRUCTURES
w
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w
z
/
V)
o /
w
�
Z /
o
J
N
Lu/
a
Z /
U
I
WHEN HEIGHT EQUALS 2(a), FRONT YARD MEASURED FROM
STREET CENTERLINE MUST BE MINIMUM OF (a). SIDE AND
REAR YARDS WITH OPENINGS FOR LIGHT OR AIR, SHALL BE
MINIMUM DIMENSION OF (a) WHEN HEIGHT IS 2(a). IN NO
CASE NEED (a) EXCEED SIXTY (60) FEET.
ILLUSTRATION 12.
SIDE YARD STANDARDS
ATTACHED SINGLE FAMILY DWELLINGS
J
' SIDE -D
MAXIMUM .0FEET'
STREET
z
�
�
o
a
r
w
o
\
0
�
N
w
O
LiQ
ray
�I
WHEN HEIGHT EQUALS 2(a), FRONT YARD MEASURED FROM
STREET CENTERLINE MUST BE MINIMUM OF (a). SIDE AND
REAR YARDS WITH OPENINGS FOR LIGHT OR AIR, SHALL BE
MINIMUM DIMENSION OF (a) WHEN HEIGHT IS 2(a). IN NO
CASE NEED (a) EXCEED SIXTY (60) FEET.
ILLUSTRATION 12.
SIDE YARD STANDARDS
ATTACHED SINGLE FAMILY DWELLINGS
J
' SIDE -D
MAXIMUM .0FEET'
STREET
ILLUSTRATION 13.
LANDSCAPED EDGE
� I
I I
I I
I
I I
I I
I I
I I
I I
I I
S 4ti r2 �.ZN
10' r2Zv Z�iNLJ Zsi
ROW LINE
20' 25' 60'
STREET FRONTAGE
MINIMUM 10' - WIDE LANDSCAPED EDGE PLANTED WITH A MINIMUM
OF ONE SHADE TREE AND 10 SHRUBS PER 500 SQUARE FEET OF
LANDSCAPED EDGE.
ILLUSTRATION 14.
INTERIOR PARKING LOT LANDSCAPING
INTERIOR PLANTING AREA
TOTAL AREA OF PARKING LOT
ILLUSTRATION 15.
LANDSCAPING FOR CORNER LOTS
------------------
I I
I
I
I I
I I
15' LANDSCAPED EDGE
I
15
I I
I
I
I
I
1 25'R
40' I
�"� - - - -----� 10'
25'-
40' I TRANSITION
175'
® 900 SQUARE FOOT LANDSCAPED AREA
EXHIBIT "B"
SCHEDULE OF USES
ORDINANCE NO. 1425-5-96
SCHEDULE OF USES KEY AND
DISTRICT NAME ABBREVIATIONS
X - Designates use permitted in district indicated
- Designated use prohibited in district indicated
S - Designated use may be approved as Specific Use Permit under Section 2.06
T - Designated use may be permitted as temporary use
A - Designated use may be permitted as accessory use
C - Designated subjection to additional criteria
- See Specific Planned Development for Allowable Uses
I,II,III,IV - Designated use permitted in CBD - Refer to CBD Section
AO - Agriculture -Open LI - Light Industrial
R-2 - Residential GI - General Industrial
R-3 - Residential 3 HI - Heavy Industrial
R-4 - Residential 4 PD - Planned Development
R-5 - Residential 5 CF - Community Facilities
R-6 - Residential 6 FP - Flood Plain
R-7 - Residential 7 CBD - Central Business District
2F - Duplex
TH - Townhome
MF12 - Multi -family 12
MF18 - Multi -family 18
MF24 - Multi -family 24
MH - Mobile Home
GO - Garden Office
O - Office
LR - Local Retail
SC - Shopping Center
LC - Light Commercial
GB - General Business
CC - Corridor Commercial
IT - Industrial Technology
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CITY OF ALLEN
CITY OF ALLEN
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Allen City Council will conduct a public hearing at their
regular meeting to be held on Thursday, July 18, 1996, at 7:30 p.m. in the Council Chambers of
the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider an amendment to the
Comprehensive Zoning Ordinance.
The amendment is to change the site plan requirements for development to include tree
surveys, consistent with the Tree Preservation Section..
Anyone wishing to speak either FOR or AGAINST this request is invited to attend this
public hearing and voice their opinion.
For further information, contact the Department of Community Development, City of
Allen, One Butler Circle, Allen, Texas, 75013, or by telephone at 214-727-0120.
9LX Judy Morrison, City Secretary
TO BE PUBLISHED IN THE ALLEN AMERICAN ON JULY 3, 1996.
DARLA: PLEASE CALL TO CONFIRM PUBLICATION - Sally Leeper (727-0125)
ONE BUTLER CIRCLE ALLEN, TEXAS 75013
214/727-0100
AFFIDAVIT AND PROOF OF PUBLICATION
CITY OF ALLEN
PUBLIC NOTICE
THE STATE OF TEXAS Notice is hereby given that the Allen
COUNTY OFCOLLIN City Council adopted the following
ordinance at their regular meeting held on
BEFORE ME, the undersigned authority, on this day personally Thursday, May 2, 1996 (Title and Penalty
appeared DEBBIE TACKETT, who having been by me duly sworn, Clause only):
Ordinance No. 1425-5-96: An I
on oath deposes and says: Or mance o t ei—ty of ATfen, -Co IIin
That she is the General Manager of THE ALLEN AMERICAN, a County, Texas, Repealing Ordinance No.
829-11-87, Establishing and Providing for
newspaper published In COLLIN COUNTY, TEXAS, not less frequently than Zoning Regulations within the Corporate
once a week, having a general circulation In said county, and having been Limits of the City of Allen, Texas; Estab-
lishing Use Districts in Accordance with
published regularly and continously for more than twelve (12) months the Comprehensive Plan; Adopting the
prior to publishing OfficialZoningMap; Adopting Certain
Illustrations; Providing Certain Special
Provisions for Compliance; Containing
Ordinance -#1425-5-96 Certain Definitions; Regulating the Use of
Buildings and Land, their Height, Cover -
of which the attached Is a true and written copy, and which was published age, Sizes, Yards and Open Spaces;
in THE ALLEN AMERICAN on Specifying Standard Vehicle Parking, Off
Street Loading, Landscaping, Lighting,
Accessory Buildings, Home Occupations,
May 8 & M a /y 1 1, 1996 Fences and Walls, Minimum Access, and
Performance; Defining the Authority of the
and which was Issued on zoning Administrator, the Planning and
Zoning Commission; Providing for
Amendments; Providing for a Board of
May 8 , 1 9 9 6 Adjustment and Appeals Process; Provid-
ing for Enforcement; Establishing a
Schedule of Fees and Charges; Providing
by City of Allen of COLLIN COUNTY, TEXAS for a Penalty of Not More than Two Thou-
sand Dollars ($2,000) for Each Violation
Thereof, Providing a Validity
A printed copy of said publt Is attached hereto. Clause; Repealing all Conflicting
Ordinances; Declaring an Emergency and
Providing an Effective Date.
That any person, firm or corporation
violating any of the provisions or terms of
this ordinance shall be subject to the
SUBSCRIBEDND S ORN to before me this same penalty as provided for in Compre-
p/ hensive Zoning Ordinance No. 829-11-87
_ day A.D. 19� of the City of Allen, as heretofore
/ amended, and upon conviction shall be
punished by a fine not to exceed the sum
of Two Thousand Dollars ($2,000) for
NOTARY PUBLIC In and for COLLIN COUNTY, TEXAS each offense.
A 6opy of this ordinance may be read
or purchased in the office of the City
Publisher's fee S 7 1 . 5 0 Secretary, City of Allen, One Butler Circle,
Allen, Texas 75013.
/s/Judy Morrison
City Secretary
V. A. TODD
p NIY COM�1lISSIO?t EXPif?ES
December 5,1986
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