HomeMy WebLinkAboutO-1767-9-99ORDINANCE NO. 1767-9-99
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO.
1425-5-96, AS PREVIOUSLY AMENDED, TO AMEND SECTION 2.10 BY ADDING
NEW DEFINITIONS FOR CONCRETE OR ASPHALT BATCHING PLANT
(TEMPORARY), CONCRETE OR ASPHALT BATCHING PLANT (NON -
TEMPORARY), AND MINI WAREHOUSE (WITH OR WITHOUT CARETAKERS
RESIDENCE); BY AMENDING EXHIBIT B SCHEDULE OF USES TO ALLOW
CONCRETE OR ASPHALT BATCHING PLANT (NON TEMPORARY) BY
SPECIFIC USE PERMIT IN ANY ZONING DISTRICT AND TO ALLOW
CONCRETE OR ASPHALT BATCHING PLANT (TEMPORARY) AS A
TEMPORARY USE IN ANY ZONING DISTRICT; PROVIDE A SAVINGS CLAUSE;
PROVIDE A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH
OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission of the City of Allen, and the governing body of the City
of Allen, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, have given
the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair
' hearing to all the property owners generally and to all persons interested and situated in the affected area, and
in the vicinity thereof, and in the exercise of its legislative discretion, have concluded that Zoning Ordinance
No. 1425-5-96 of the City of Allen, as previously amended, should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance No. 1425-5-96, of the City of Allen, Texas, as
previously amended, be amended in part, to amend Section 2.10 to add definitions of Concrete or Asphalt
Batching Plant (Temporary), Concrete or Asphalt Batching Plant (Non -Temporary), and Mini -warehouse
(with or without caretakers residence) to read as follows:
"2.10 DEFINITIONS.
Concrete or Asohalt Batching Plant (Temporary) - A temporary manufacturing facility for the
production of concrete or asphalt during construction of a project, and to be removed when the
project is completed. Permitted by permit issued by the Planning Director for a maximum of
twelve (12) months and a max mum of two (2) extensions for six (6) months each.
Concrete or Asphalt Batching Plant (Non -Temporary) - A non -temporary manufacturing facility for
the production of concrete or asphalt.
Mini -warehouse (with or without caretakers residence) - A building(s) containing separate,
individual self -storage units of 500 square feet or less for rent or lease restricted solely to the
storage of items. The conduct of sales, business, or any activity other than storage shall be
prohibited within any individual storage unit. Management Office and Caretakers Residence are
permitted under this use. Outside storage shall be screened from view from adjacent properties and
' public rights-of-way.
SECTION 2. That the Comprehensive Zoning Ordinance No. 1425-5-96, of the City of Allen, Texas, as
previously amended, be amended in part, to amend Exhibit B Schedule of Uses to allow Concrete or Asphalt
Batching Plant (Non -Temporary) by Specific Use Permit in any zoning district and to allow Concrete or
Asphalt Batching Plant (Temporary) as a temporary use in any zoning district.
SECTION 3. That all ordinances of the City of Allen in conflict with the provisions of this ordinance shall
be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in
conflict herewith shall remain in full force and effect.
SECTION 4. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was
committed and the former law is continued for this purpose.
SECTION 5. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance, or of the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the
Comprehensive Zoning Ordinance, as amended hereby, which shall remain in full force and effect.
' SECTION 6. That any person, firm or corporation violating any oldie provisions or terms of this ordinance
shall be subject to the same penalty as provided for in Comprehensive Zoning Ordinance No. 1425-5-96 of the
City of Allen, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum
of Two Thousand Dollars ($2,000) for each offense.
SECTION 7. That this ordinance shall take effect immediately from and after its passage and publication in
accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 2nd DAY OF SEPTEMBER, 1999.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CITY ATTORNEY Judy Mo n, CMC, CITY SECRETARY
ORDINANCE NO. 1767-9-99 PAGE 2