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HomeMy WebLinkAboutO-4170-8-25ORDINANCE NO. 4170-8-25 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, AS AMENDED, BY AMENDING TABLE 2 OF SECTION 4.08.19.7.D “SCHEDULE OF PRINCIPAL AND ACCESSORY USES IN DOWNTOWN DISTRICT” TO DELETE USES THAT ARE OTHERWISE PROHIBITED IN SAID DISTRICT, AND MODIFYING THE TITLES OF VARIOUS USES TO CONFORM TO THE DEFINITIONS OF SAID USES; BY AMENDING SECTION 4.20.2 “SCHEDULE OF PRINCIPAL USES” BY REMOVING USES NOT PERMITTED IN ANY DISTRICT, MODIFYING THE TITLES OF VARIOUS USES TO CONFORM TO THE DEFINITIONS OF SAID USES, AND ADDING A NEW USE; BY AMENDING SECTION 4.20.3 “SCHEDULE OF ACCESSORY USES” BY ADDING A NEW USE; BY AMENDING SECTION 6.04 “TEMPORARY USE PERMITS” REGARDING THE REGULATION OF TEMPORARY USE PERMITS; BY AMENDING SECTION 6.06 “SUPPLEMENTAL USE REGULATIONS” BY ADDING SECTION 6.06.16 “MASSAGE ESTABLISHMENTS” REGULATING THE USE AND DEVELOPMENT OF MASSAGE ESTABLISHMENTS AND SECTION 6.06.17 “ELECTRIC VEHICLE CHARGERS” REGULATING THE USE AND DEVELOPMENT OF ELECTRIC VEHICLE CHARGING STATIONS; BY AMENDING SECTION 7.03.3 “SCREENING MECHANICAL EQUIPMENT AND REFUSE ENCLOSURES” RELATING TO SCREENING REQUIREMENT FOR ELECTRIC VEHICLE CHARGING STATIONS; BY AMENDING SECTION 7.04.1 “VEHICLE PARKING” TABLE 7.04.1 “PARKING REQUIREMENTS.” BY REMOVING THE USE “FAT RENDERING, ANIMAL REDUCTION”; BY AMENDING 7.09.5 “GENERAL REGULATIONS GOVERNING SIGNS” SUBSECTION 13 RELATING TO THE REGULATION OF ILLUMINATED SIGNS; BY AMENDING SECTION 8.03.01 “GENERAL PLAT REGULATIONS” BY ADDING SUBSECTION 5 RELATING TO PLAT SIGNATURE BLOCK REQUIREMENTS; BY AMENDING SECTION 8.05.7 “CROSS ACCESS AND MEDIAN CUTS” BY REMOVING COMPREHENSIVE PLAN REQUIREMENTS AND RENUMBERING; AND APPENDIX A “DEFINITIONS” BY ADDING AND/OR AMENDING THE NAME AND DEFINITIONS FOR VARIOUS USES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000) DOLLARS FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, Texas, in compliance with the laws of the State of Texas and the Ordinances of the City of Allen, Texas, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all persons interested and in the exercise of its legislative discretion, the City Council has concluded that the Allen Land Development Code Zoning Regulations of the City of Allen, Texas, as previously amended, should be further amended as follows. Ordinance No. 4170-8-25, Page 2 4914-3511-9950, v. 6 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. Article IV “Zoning Regulations” of the Allen Land Development Code, is amended as follows: A. Section 4.08.19.7.d, Table 2 “Schedule of Principal and Accessory Uses in Downtown District” is amended as follows: 1. The following uses are repealed and deleted from Table 2: i. ACID MANUFACTURE; ii. ADULT BOOKSTORE; iii. AIRPORT; iv. APPAREL AND RELATED MANUFACTURE; v. AUTO PAINTING OR BODY SHOP; vi. AUTO PARTS SALES; vii. AUTO, TRAILER, TRUCK, RENTAL; viii. AUTOMOTIVE REPAIRS, MAJOR; ix. AUTOMOTIVE REPAIRS, MINOR; x. BAKERIES (WHOLESALE); xi. BOAT DISPLAY SALES AND REPAIR; xii. BOAT STORAGE; xiii. BOTTLING WORKS DISTRIBUTION; xiv. BUILDING MATERIALS SALES (OUTDOOR); xv. BUILDING MATERIALS SALES (INDOOR); xvi. BULK HANDING FACILITY; xvii. CAR WASH; xviii. CEMENT, LIME, GYPSUM MANUFACTURE; xix. CHEMICALS AND ALLIED PRODUCTS; xx. COAL, COKE OR WOOD YARD; xxi. CONCRETE BATCH PLANT (NON TEMP); Ordinance No. 4170-8-25, Page 3 4914-3511-9950, v. 6 xxii. CONCRETE BATCH PLANT (TEMPORARY); xxiii. CONGREGATE RESIDENCE; xxiv. COUNTRY CLUB; xxv. DEPARTMENT OR DISCOUNT STORE; xxvi. DRUGS, PHARMACEUTICAL MFG.; xxvii. ELECTRICAL GENERATING PLANT, PUBLIC; xxviii. ELECTRONIC ASSEMBLY; xxix. EQUIPMENT RENTAL; xxx. FAMILY HOME; xxxi. FARM IMPLEMENT SALES AND SERVICE; xxxii. FARMS AND NURSERIES; xxxiii. FLEA MARKET; xxxiv. FOOD PROCESSING (HEAVY); xxxv. FORESTRY; xxxvi. FORGE PLANT; xxxvii. FUELING STATION; xxxviii. FUNERAL HOME AND MORTUARIES; xxxix. GOLF COURSE; xl. GOLF COURSE (PUBLIC); xli. HEAVY MACHINERY SALES/STORAGE; xlii. HELIPORT; xliii. HELISTOP; xliv. HELISTOP (TEMPORARY); xlv. HOSPICE; xlvi. HOSPITAL; xlvii. LABORATORIES: BIO SAFETY LEVEL 2; Ordinance No. 4170-8-25, Page 4 4914-3511-9950, v. 6 xlviii. LABORATORIES: BIO SAFETY LEVEL 3; xlix. LABORATORIES: BIO SAFETY LEVEL 4; l. LAUNDRY/CLEANING PLANT, COMMERCIAL; li. LAUNDRY/CLEANING PLANT, RETAIL w/PK/UP; lii. LAWN EQUIPMENT SALES REPAIR; liii. LONG TERM CARE FACILITY; liv. MACHINE SHOP OR WELDING; lv. MAINTENANCE AND STORAGE FACILITIES; lvi. MANUFACTURED HOUSING UNIT; lvii. MANUFACTURED OR MOBILE HOME PARK; lviii. MANUFACTURING, HEAVY; lix. MANUFACTURING, LIGHT; lx. MINING; lxi. MINI WAREHOUSES; lxii. IMPLEMENT DISPLAY AND SALES; lxiii. MONUMENT SALES; lxiv. MOTORCYCLE SALES AND SERVICE; lxv. MOTOR FREIGHT TERMINAL; lxvi. OFFICE SHOWROOM/WAREHOUSE; lxvii. OIL AND GAS WELLS; lxviii. OPEN STORAGE; lxix. PEST CONTROL SERVICE; lxx. PETROLEUM PRODUCTS REFINING/STORAGE; lxxi. PRINTING OR NEWSPAPER ESTABLISHMENT; lxxii. RAILROAD FREIGHT STATION; lxxiii. RECREATION CAMP; Ordinance No. 4170-8-25, Page 5 4914-3511-9950, v. 6 lxxiv. RENTAL, AUTO, TRAILER, TRUCK; lxxv. RESTAURANT (DRIVE IN OR THROUGH); lxxvi. SAND OR GRAVEL MINING OR STORAGE; lxxvii. SANITARY LANDFILL; lxxviii. SENIOR INDEPENDENT LIVING; lxxix. SERVICE CONTRACTOR; lxxx. SEXUALLY ORIENTED BUSINESS; lxxxi. SMELTING OF ORES OR METALS; lxxxii. STABLE; lxxxiii. SWIM POOL (PUBLIC); lxxxiv. TARGET RANGE; lxxxv. TATTOO STUDIO; lxxxvi. TIRE RECAPPING; lxxxvii. TRUCK SALES AND REPAIR – NEW; lxxxviii. TRUCK STORAGE; lxxxix. TRUCK TERMINAL; xc. VETERINARY HOSPITAL, ANIMAL CLINIC OR ANIMAL BOARDING FACILITY; xci. VIDEO REDEMPTION MACHINES (8-LINER MACHINES) – 5 OR MORE; and xcii. WAREHOUSE/DISTRIBUTION CENTER. 2. The use titled “ADULT DAY CARE” is renamed “ADULT DAY CARE FACILITY”; 3. The use titled “ASSISTED LIVING” is renamed “ASSISTED LIVING FACILITY”; 4. The use titled “CHURCH, TEMPLE, RECTORY, OR OTHER RELIGIOUS FACILITY” is renamed “CHURCH OR OTHER RELIGIOUS FACILITY”; 5. The use titled “FRATERNAL ORG. LODGE, CIVIC CLUBS” is renamed “FRATERNAL ORGANIZATION, LODGE, CIVIC CLUBS”; 6. The use titled “PARK (PRIVATE)” is renamed “PARK, PRIVATE”; and Ordinance No. 4170-8-25, Page 6 4914-3511-9950, v. 6 7. The use titled “PARK OR PLAYGROUND (PUBLIC)” is renamed “PARK, PUBLIC”. B. Section 4.20.2 “Schedule of principal uses” is amended as follows: 1. The following uses are repealed and deleted from the table: i. ACID MANUFACTURE; ii. CEMENT, LIME, GYPSUM MANUFACTURE; iii. COAL, COKE OR WOODYARD; iv. FARM IMPLEMENT SALES AND SERVICE; v. FORGE PLANT; vi. MASSAGE PARLOR; vii. PETROLEUM PRODUCTS REFINING/STORAGE; and viii. SMELTING OF ORES OF METALS. 2. The use titled “ADULT BOOKSTORE” is renamed “ADULT BOOKSTORE OR ADULT VIDEO STORE”; 3. The use titled “ADULT DAYCARE” is renamed “ADULT DAY CARE FACILITY”; 4. The use titled “ASSISTED LIVING” is renamed “ASSISTED LIVING FACILITY”; 5. The use titled “BICYCLE SHOP/REPAIR” is renamed “BICYCLE SHOP/REPAIR SERVICE”; 6. The use titled “CHURCH, TEMPLE, RECTORY, OR OTHER RELIGIOUS FACILITIES” is renamed “CHURCH OR OTHER RELIGIOUS FACILITIES”; 7. The use titled “CONCRETE BATCH PLANT (NON-TEMP)” is renamed “CONCRETE OR ASPHALT BATCH PLANT (NONTEMPORARY)”; 8. The use titled “CONCRETE BATCH PLANT (TEMPORARY)” is renamed “CONCRETE OR ASPHALT BATCH PLANT (TEMPORARY)” and note shall remain as “Must be located a minimum of 500 feet from any existing residential structure”; 9. The use titled “ELECTRONIC ASSEMBLY” is renamed “ELECTRONIC MANUFACTURING AND ASSEMBLY”; 10. The use titled “FITNESS AND HEALTH CENTER” is renamed “FITNESS/HEALTH CENTER”; 11. The use titled “FRATERNAL ORG., LODGE, CIVIC CLUBS” is renamed “FRATERNAL ORGANIZATION, LODGE, or CIVIC CLUB”; Ordinance No. 4170-8-25, Page 7 4914-3511-9950, v. 6 12. The use titled “GARAGE, PUBLIC PARKING” is renamed to be “GARAGE, PUBLIC”; 13. The use titled “LABORATORIES: BIO SAFETY LEVEL 2” is renamed “LABORATORIES (BIO SAFETY LEVEL 2, OSHA STANDARDS)”; 14. The use titled “LABORATORIES: BIO SAFETY LEVEL 3” is renamed “LABORATORIES (BIO SAFETY LEVEL 3, OSHA STANDARDS)”; 15. The use titled “LABORATORIES: BIO SAFETY LEVEL 4” is renamed “LABORATORIES, SCIENTIFIC (BIO SAFETY LEVEL 4, OSHA STANDARDS)”; 16. The use titled “LAUNDRY/CLEANING PLANT, RETAIL w/PK/UP” is renamed “LAUNDRY/CLEANING PLANT, RETAIL WITH PICKUP FACILITIES”; 17. The use titled “OFFICE SHOWROOM/WAREHOUSE” is renamed “OFFICE - SHOWROOM/WAREHOUSE”; 18. The use titled “OPEN STORAGE” is renamed OUTDOOR STORAGE”; 19. The use titled “PARK (PRIVATE)” is renamed “PARK, PRIVATE”; 20. The use titled “PARK OR PLAYGROUND (PUBLIC)” is renamed “PARK, PUBLIC”; 21. The use titled “SWIM POOL (PUBLIC)” is renamed “SWIMMING POOL (PUBLIC)”; 22. The use titled “VIDEO REDEMPTION MACHINES (8-LINER MACHINES) – 5 OR MORE” is renamed “VIDEO REDEMPTION MACHINES (8-LINER MACHINES) – 5 OR LESS”; and 23. The use “LABORATORIES (BIO SAFETY LEVEL 1, OSHA STANDARDS)” is added to the table in Section 4.20.3 with the uses permitted as a matter of right and permitted following approval of a specific use permit to be as follows: RESIDENTIAL USES TYPE OF USE NON-RESIDENTIAL DISTRICTS R1 R1.5 R-2 R-3 R-4 R-5 R-6 R-7 2F TH MF12 MF18 MH AO GO O LR SC LC GB CC IT LI HI CF … LABOR ATORIE S (BIO SAFETY LEVEL 1, OSHA STAND ARDS) S S S S X X X X X … Ordinance No. 4170-8-25, Page 8 4914-3511-9950, v. 6 C. Section 4.20.3 “Schedule of accessory uses” is amended by adding the use “VIDEO REDEMPTION MACHINES (8-LINER MACHINES) – 5 OR LESS” to the table with the uses permitted as a matter of right and permitted following the approval of a specific use permit as follows: RESIDENTIAL USES TYPE OF USE NON-RESIDENTIAL DISTRICTS R1 R1.5 R-2 R-3 R-4 R-5 R-6 R-7 2F TH MF12 MF18 MH AO GO O LR SC LC GB CC IT LI HI CF … VIDEO REDEM PTION MACHI NES (8- LINER MACHI NES) – 5 OR LESS S S S … SECTION 2. Article VI “Special Zoning Provisions” of the Allen Land Development Code, is amended as follows: A. Section 6.04 “Temporary use permits” is amended to read in its entirety as follows: “Sec. 6.04. - Temporary use permits. 1. A temporary use permit serves to identify permissible temporary events and uses, limit the number of these events a year, and ensure the site can support the proposed event. It provides an opportunity to ensure public safety concerns are addressed, adequate parking is provided and prohibits unlisted temporary uses. 2. The issuance of temporary use permits may be allowed under the conditions and for the time specified upon proper application to, review by, and approval of the director in accordance with sections 6.04.1 and 6.04.2.” B. By adding Section 6.06.16 “Massage Establishments” to read in its entirety as follows: “6.06.16. – Massage Establishments. 1. Definitions. a. Massage therapist means a person who practices or administers massage therapy or other massage services to a client for compensation. The term includes a licensed massage therapist, therapeutic massage practitioner, massage technician, masseur, masseuse, myotherapist, body massager, body rubber, or any derivation of those titles. b. Massage therapy means the manipulation of soft tissue by hand or through a mechanical or electrical apparatus for the purpose of body massage and includes effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics. The terms “massage,” Ordinance No. 4170-8-25, Page 9 4914-3511-9950, v. 6 “therapeutic massage,” “massage technology,” “myotherapy,” “body massage,” “body rub,” or any derivation of those terms are synonyms for “massage therapy.” c. Massage therapy instructor means a licensed massage therapist who provides to one or more students instruction approved by the department in massage therapy. d. Regulatory authority means the City’s health officer or designated representative; police chief or designated representative; or any other city official designated by the city manager. 2. Standards of Operation. a. Every massage establishment located within the City shall operate in compliance with Chapter 455 of the Texas Occupations Code, as amended, and Title 16, Chapter 117 of the Texas Administrative Code, as amended. b. It shall be unlawful for any person to act as a massage therapist, massage school, massage therapy instructor, or massage establishment unless the person holds an appropriate license issued by the State. c. A person who holds a license shall publicly display the license as specified by the Texas Department of Licensing and Regulation. Each massage establishment must post in plain sight the license for each massage therapist who practices in the massage establishment. The license of a massage therapist must have attached to the front of the license a photograph of the massage therapist. A massage establishment or massage therapist shall present the person’s license on the request of the regulatory authority. d. A massage establishment shall only operate between the hours of 7:00 a.m. and 10:00 p.m. 3. Sanitation. It shall be the duty of every person conducting or operating a massage establishment to keep the same at all times in a clean and sanitary condition. Each massage establishment shall be maintained in accordance with applicable state sanitary and health codes and regulations governing massage establishments, including, but not limited to, 16 T.A.C. §117.83. 4. Records of treatment. Every massage establishment shall properly maintain and secure for each client the initial consultation documents, all session notes, and related billing records; and make such documents available to the regulatory authority on request. 5. Inspections. a. The regulatory authority shall be authorized to inspect any massage establishment at any time to determine or ensure compliance with the provisions of this article. b. Massage establishments may be inspected periodically or following receipt of a complaint by the City. Such inspections will be performed to determine compliance with the requirements of this Section 6.06.16 and applicable laws and ordinances. Ordinance No. 4170-8-25, Page 10 4914-3511-9950, v. 6 c. Whenever necessary to inspect or enforce any of the provisions of this Section 6.06.16, the regulatory authority may enter the building or premises at all reasonable times during the hours of operation to conduct any duty authorized by this Section 6.06.16. A person who operates a massage establishment, or any agent or employee of the operator, commits an offense if the person refuses to permit a lawful inspection of the premises by the regulatory authority during hours of operation. If entry is refused, or, if the owner or other person having charge or control of the building or premises cannot be located, the regulatory authority may exercise any and all enforcement powers granted by law to secure entry. d. Proof of compliance with all applicable provisions of the ordinances of the city shall be provided by each massage establishment. 6. Applicability to existing businesses. The provisions of this Section 6.06.16 shall be applicable to all persons in businesses described in this Section 6.06.16 whether the described activities were established before or after the effective date of this Section 6.06.16. 7. Enforcement. a. Designated officials of the regulatory authority shall be responsible for enforcing the provisions of this Section 6.06.16. b. Failure to comply with the terms of this Section 6.06.16 after receipt of written notice of violation from the City setting out the violation and time to rectify such may result in revocation of the certificate of occupancy issued pursuant to this Code authorizing the operation of a massage establishment. c. Appeal. A decision to suspend or revoke the certificate of occupancy pursuant to section 6.06.16.7.b herein may be appealed by the holder of the certificate of occupancy to the board of adjustment within ten (10) days of the date of the revocation.” C. By adding Section 6.06.17 “Electric Vehicle Chargers” to read in its entirety as follows: “6.06.17. – Electric Vehicle Chargers. 1. Regulations. The following regulations apply to the Electric Vehicle Charging Stations: a. The use of Electric Vehicle Charging Stations for off-premises advertising is prohibited. b. Any integrated electronic display or screen shall not exceed an area of 2.25 square feet. c. Electric Vehicle Charging Stations shall not contain any flashing lights or any flashing sign, beacon, or any sign that flutters, undulates, swings, rotates or moves.” Ordinance No. 4170-8-25, Page 11 4914-3511-9950, v. 6 SECTION 3. Article VII “Zoning Development Standards” of the Allen Land Development Code, is amended as follows: A. Section 7.03.3 “Screening mechanical equipment and refuse enclosures” is amended to read in its entirety as follows: “Sec. 7.03.3. Screening mechanical equipment and refuse enclosures. 1. All roof-mounted equipment including, but not limited to, fans, vents, air conditioning units , and cooling towers shall be screened so as not to be visible at ground level from adjacent properties and/or public rights-of-way, including elevated thoroughfare sections. a. Overall screening height shall be the height of the highest element of roof -mounted equipment. b. The outside of the screening device, if independent of the building facade, shall be painted or otherwise finished in a similar color to the color of the building facade, trim, or roof surface, whichever color is more effective in minimizing the visibility of the equipment and screen from ground level. 2. All wall-mounted and ground-mounted equipment and appliances including, but not limited to, fans, vents, air conditioning units, and cooling towers, shall be adequately screened from view from public streets and adjoining properties. a. Electric Vehicle Charging Station devices are exempt from screening requirements in this Section. However, additional equipment related to the Electric Vehicle Charging Stations shall be in accordance with Section 7.03.3.2. 3. …” B. Section 7.04.1 “Vehicle parking” is amended by deleting the use “FAT RENDERING, ANIMAL REDUCTION” from Table 7.04.1 “Parking Requirements.” C. Section 7.09.5 “General regulations governing signs” subsection 13 is amended to read in its entirety as follows: “Sec. 7.09.5. - General regulations governing signs. … Ordinance No. 4170-8-25, Page 12 4914-3511-9950, v. 6 13. Illuminated Signs may not project glare into any single-family residential premises or distract operators of vehicles or pedestrians on the public right-of-way (see Section 7.03.4.3 (c)). Illuminated signs are not permitted within 150 feet of any single-family residential district unless such sign does not directly face a single-family residential district or otherwise violate this subsection. …” SECTION 4. Article VIII “Subdivision Regulations” of the Allen Land Development Code, is amended as follows: A. Section 8.03.01 “General plat regulations” is amended by adding subsection 5 to read in its entirety as follows: “Sec. 8.03.1. - General plat regulations. … 5. Signature block. The City's official signature block shall include the names of the Director and the City planner involved in the application submission, review, and approval of the administrative plat.” B. Section 8.05.7 “Cross access and median cuts” is amended to read in its entirety as follows: “Sec. 8.05.7. – Cross access and median cuts. 1. General. This section shall establish requirements for parking areas open to the public, such that these areas are designed to be interconnected to allow for the safe efficient flow of traffic. 2. Design. Unless it is determined by the director of engineering that safety issues may result or that topographical constraints exist, all non-residential development shall be designed to allow for cross-access to adjacent properties to provide shared ingress and egress to public or private streets. Parking lots and vehicular circulation areas shall be designed to facilitate cross access directly to adjacent parcels. Parking areas directly adjacent to other parking areas in the same project shall also have cross access. Ordinance No. 4170-8-25, Page 13 4914-3511-9950, v. 6 3. Easement dedication. Shared driveways, cross-access drives, and service drives shall be located within a public access easement that permits traffic circulation between lots, that is dedicated by plat or separate instrument and recorded in the real property records of Collin County. 4. Median cuts. Non-residential lots adjacent to a median divided street should have access to a median opening. Direct access should be provided where possible. If direct access is not available, a public access easement between the lot that does not have direct access to the median cut and the lot that has such access shall be required as set forth in subsection 4 of this section. 5. Multiple points of access. Where cross access between parcels is not a practical alternative for the purpose of providing multiple access points to a development, including, but limited to, when the developer of a property is unable to obtain an easement providing cross-access over an adjacent property owned by others, the director of engineering may approve a single, median-divided entrance from the public right-of-way to a tract upon a finding that such means of access will not compromise public safety or impede emergency access, and that the stacking distance will comply with section 7.04.1.3.d. 6. Alternatives. When cross-access is deemed impractical by the director of engineering on the basis of topography, the presence of natural features, or vehicular safety factors, the requirement for establishment of cross-access between properties may be waived provided that appropriate bicycle and/or pedestrian connections are provided between adjacent developments or land uses. 7. Appeal. If the director of engineering does not grant an exception as provided in subsection 6 of this section or a waiver pursuant to subsection 7 of this section as requested by the owner or developer of property, such applicant may, not later than ten days after receipt of written notification from the director of engineering that such exception or waiver has been denied, request in writing that the request for exception or waiver, as applicable, be considered by the commission. The owner or developer of the property shall be required to present evidence relating to the inability to obtain the access easement that would otherwise be required by this section, including evidence of efforts made to obtain such access easement from adjacent property owners, and present the alternatives to the required access to which the owner or developer is willing to agree. The commission may grant, deny, or modify the alternative access requirement requested or grant or deny the requested waiver. If the commission modifies or denies the alternative access requested or denies the requested waiver, such applicant may, not later than ten days after the date of the action by the commission, request in writing that the request for exception or waiver, as applicable, be considered by the city council. The city council may uphold the original decision of the director of engineering, grant as requested or modify the alternative access requested, or grant or deny the requested waiver, as applicable.” SECTION 5. Appendix A “Definitions” of the Allen Land Development Code is amended as follows: A. The definition for the phrase “Apparel & Related Manufacture” is added to read as follows: Apparel & Related Manufacture means a business or company that designs, produces, and/or sells clothing and accessories by transforming raw materials into finished apparel or related items through processes like cutting, sewing, and assembly. B. The definition for the phrase “Auto Painting or Body Shop” is added to read as follows: Ordinance No. 4170-8-25, Page 14 4914-3511-9950, v. 6 Auto Painting or Body Shop means a facility engaged in the repair, restoration, and painting of motor vehicle bodies, including collision repair, frame straightening, dent removal, welding, and surface refinishing. Activities typically involve the use of specialized equipment, paints, and chemicals, and are conducted indoors. C. The definition for the phrase “Auto, Trailer, Truck Rental” is added to read as follows: Auto, Trailer, Truck Rental means a commercial establishment primarily engaged in the rental of automobiles, trucks, vans, trailers, or similar vehicles to the general public on a short-term or long-term basis. This use typically includes on-site vehicle storage, customer service facilities, and may involve limited maintenance or cleaning of vehicles. It does not include the sales or major repair of vehicles. D. The definition for the phrase “Bakeries (Wholesale)” is added to read as follows: Bakeries (Wholesale) means an establishment engaged in the production of baked goods in bulk for resale to other businesses, such as restaurants, grocery stores, coffee shops, and businesses alike, rather than directly to consumers. E. The definition for the phrase “Bakery or Confectionary” is added to read as follows: Bakery or Confectionary means an establishment engaged in the preparation, cooking, and sale of baked or confection products on the premises. F. The definition for the phrase “Banks and Financial Institution” is added to read as follows: Banks and Financial Institution means an establishment that is open to the public and engaged in deposit banking, and that performs closely related functions such as extending loans, managing investments, and related fiduciary activities. This use does not include check cashing businesses, payday/loan businesses, motor vehicle title loans businesses, money transfer businesses, credit service organizations, or credit access business as such businesses are defined pursuant to applicable provisions of the Texas Finance Code and/or this Code. G. The definition for the phrase “Bicycle Shop/Repair Service” is added to read as follows: Bicycle Shop/Repair Service means a business that specializes in the sale, maintenance, and repair of bicycles, as well as sale and provision of related accessories and services. H. The definition for the phrase “Boat Display Sales and Repair” is added to read as follows: Boat Display Sales and Repair means an establishment primarily engaged in the sales, repair, and rental of boats, personal watercraft, and related marine equipment and the sale of related goods. Such use does not include an establishment in which fuel for boats and ships is the primary item sold. I. The definition for the phrase “Boat Storage” is added to read as follows: Boat Storage means a facility or area used for the storage of boats, personal watercraft, and related marine equipment, either on a short-term or long-term basis. This use may include indoor or outdoor storage, dry stack storage, or marina-based slips, but does not involve the active sale, repair, or rental of boats. J. The definition for the phrase “Bottling Works and Distribution” is added to read as follows: Ordinance No. 4170-8-25, Page 15 4914-3511-9950, v. 6 Bottling Works and Distribution means an industrial or manufacturing facility primarily engaged in the bottling, packaging, and distribution of beverages or liquid products. This use may also include the storage, labeling, and bulk handling of products and raw materials, and may involve automated or manual bottling processes. K. The definition for the phrase “Bulk Handling” is changed to “Bulk Handling Facility” and added to read as follows: Bulk Handling Facility means the transferring or flammable or combustible liquids from tanks or drums into smaller containers for distribution. L. The definition for the phrase “Carwash” is changed to “Car wash” and amended to read as follows: Car wash means a facility for the washing of automobiles and light trucks. M. The definition for the phrase “Carpentry, Painting Shop” is added to read as follows: Carpentry, Painting Shop means an establishment primarily engaged in the fabrication, assembly, finishing, or painting of wood or wood-based products, including cabinetry, furniture, trim, and other custom woodworks. Activities must be conducted indoors. N. The definition for the phrase “Chemicals & Allied Products” is added to read as follows: Chemicals & Allied Products means an industrial facility involved in the manufacture, processing, packaging, storage, or distribution of chemical substances and allied products. This includes both organic and inorganic chemicals, industrial gases, synthetic resins, plastics, fertili zers, paints, adhesives, and cleaning compounds. O. The definition for the phrase “Construction Office (Temporary)” is added to read as follows: Construction Office (Temporary) means a temporary structure, portable office, or office trailer used for short-term office or project management needs on a construction site, offering a centralized workspace for team coordination, meetings, and client interaction. P. The definition for the phrase “Department or Discount Stores” is added to read as follows: Department or Discount Stores means a large retail establishment offering a variety of merchandise across multiple product categories, typically organized into specialized departments. Q. The definition for the phrase “Drug Store or Pharmacy” is added to read as follows: Drug Store or Pharmacy means a retail establishment where medicines and other products, like cosmetics, and toiletries, are sold, and where prescriptions are filled. R. The definition for the phrase “Drugs, Pharmaceutical Manufacturing” is added to read as follows: Drugs, Pharmaceutical Manufacturing means a facility engaged in any combination of research, design, development, production, storage, and sales of pharmaceutical products. S. The definition for the phrase “Dwelling, Condominium” is added to read as follows: Ordinance No. 4170-8-25, Page 16 4914-3511-9950, v. 6 Dwelling, Condominium means a residential building or complex where individual units are separately owned, but common areas and facilities are jointly owned and maintained by a condominium association or similar entity. T. The definition for the phrase “Dwelling, single-family (attached)” is added to read as follows: Dwelling, single-family (attached) means a residential building designed for occupancy by one household, that shares one or more common walls with an adjacent dwelling unit. U. The definition for the phrase “Dwelling, single-family detached” is changed to “Dwelling, single- family (detached)” and amended to read as follows: Dwelling, single-family (detached) means a dwelling unit contained in a freestanding structure designed for occupancy by a single family. V. The definition for the phrase “Dwelling, Multi-Family” is changed to “Dwelling, Multi-Family (Apartment)” and amended to read as follows: Dwelling, Multi-Family (Apartment) means a single structure containing three or more dwelling units. W. The definition for the phrase “Electrical Generating Plant, Public” is added to read as follows: Electrical Generating Plant, Public means a facility owned or operated by a public entity or utility provider for the generation of electrical power for distribution to the public. This use may also contain ancillary structures such as control rooms, transformers, substations, cooling towers, and fuel storage areas. X. The definition for the phrase “Electric Vehicle Charging Station” is added to read as follows: Electric Vehicle Charging Station means a mechanical and electrical apparatus designed to supply electric energy to plug-in electric vehicles for the purpose of battery recharging. This definition excludes ancillary equipment necessary for the station’s function, including but not limited to transformers, switchgear, and associated utility infrastructure. Y. The definition for the phrase “Equipment Rental” is added to read as follows: Equipment Rental means an establishment primarily engaged in the rental of tools, machinery, and other equipment for construction, industrial, agricultural, or general-purpose use. This use may include indoor or outdoor storage of rental inventory, a sales and service office, and minor repair or maintenance of the rented equipment. Z. The definition for the phrase “Farms and Nurseries” is added to read as follows: Farms and Nurseries means a piece of land used for growing crops or raising livestock. This use may include a nursery component, where young plants, trees, or shrubs are grown, often for later transplanting, grafting, or sale. AA. The definition for the phrase “Food Processing (Heavy)” is added to read as follows: Food Processing (Heavy) means a large-scale manufacturing operation that prepares or produces foods or beverages for human consumption, primarily for commercial and wholesale customers for off-site distribution and consumption. This term includes dry and cold storage of food products, unless they are Ordinance No. 4170-8-25, Page 17 4914-3511-9950, v. 6 incidental to another primary use such as a grocery store or restaurant. The term may include incidental retail sales of food products produced on the premises. The term does not include the preparation or manufacture of products for consumption by animals. BB. The definition for the phrase “Forestry” is added to read as follows: Forestry means an area where the growing or harvesting of forest tree species is used for commercial or related purposes. CC. The definition for the phrase “Funeral Homes and Mortuaries” is added to read as follows: Funeral Homes and Mortuaries means a business that provides comprehensive end-of-life services, including preparing bodies for burial, viewing and funeral services, and assisting families with arrangements. The business may also include embalming and storing bodies before burial . Such use does not include cremation. DD. The definition for the phrase “Grocery” is added to read as follows: Grocery means a retail establishment that displays or sells food and other consumable and non- consumable products intended primarily for off-premises use or consumption. EE. The definition for the phrase “Gymnastics or sports training facility” is changed to “Gymnastics and sports training facility” and amended to read as follows: Gymnastics and sports training facility means a training center which provides individual training and exercise in the proper conditioning and preparation for organized competitive sports. FF. The definition for the phrase “Heavy Machinery Sales/Storage” is added to read as follows: Heavy Machinery Sales/Storage means a facility where the primary function of the land is the commercial sale, display, and storage of large-scale industrial equipment. GG. The definition for the phrase “Implement Display, Sales, and Services” is added to read as follows: Implement Display, Sales, and Services means an establishment primarily associated with the display, sales, and service of large equipment, such as agricultural machinery, construction vehicles, and similar implements. HH. The definition for the phrase “Laboratories (Biosafety Level 1, OSHA Standards)” is added to read as follows: Laboratories (Biosafety Level 1, OSHA Standards) means a facility in which work is done with low- risk microbes and microorganisms that pose little to no threat of infection in healthy humans. II. The definition for the phrase “Laboratories, scientific (Biosafety Level 4, OSHA Standards)” is changed to “Laboratories (Biosafety Level 4, OSHA Standards)” and amended to read as follows: Laboratories (Biosafety Level 4, OSHA Standards) means a facility in which work is done with dangerous and exotic agents which pose a high individual risk of life-threatening disease. Ordinance No. 4170-8-25, Page 18 4914-3511-9950, v. 6 JJ. The definition for the phrase “Machine Shop or Welding” is added to read as follows: Machine Shop or Welding means an establishment equipped with machines and tools used to manufacture or repair parts by precisely cutting, shaping, and forming metal materials. Welding, on the other hand, is a metal fabrication process that joins two or more metal parts together by using extreme heat, often through the application of an arc or flame, to melt and fuse the edges of the pieces. KK. The definition for the phrase “Massage Therapy” is amended to read as follows: Massage therapy means the manipulation of soft tissue by hand or through a mechanical or electrical apparatus for the purpose of body massage and includes effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics. The terms “massage,” “therapeutic massage,” “massage technology,” “myotherapy,” “body massage,” “body rub,” or any derivation of those terms are synonyms for “massage therapy.” LL. The definition for the phrase “Mining” is added to read as follows: Mining means premises involved in the extraction of natural resources such as sand, gravel, stone, or clay from the earth. MM. The definition for the phrase “Monument Sales” is added to read as follows: Monument Sales means an establishment primarily engaged in cutting, shaping, and finishing marble, granite, slate, and other stones, or engaged in buying or selling monuments or headstones for use in cemeteries or mausoleums. NN. The definition for the phrase “Motor Freight Terminal” is added to read as follows: Motor Freight Terminal. See definition of Truck Terminal. OO. The definition for the phrase “Nursery, plant materials, wholesale” is changed to “Nursery, Retail Plant” and amended to read as follows: Nursery, Retail Plant means land, buildings, structures or combinations thereof for the storage, cultivation, transplanting of live trees, shrubs or plants offered on the premises and including products used for gardening or landscaping. PP. The definition for the phrase “Oil and Gas Well” is added to read as follows: Oil and Gas Well means premises where the holes are drilled into the earth to extract oil, gas, or other hydrocarbons, or for injection purposes related to oil and gas exploration or production. QQ. The definition for the phrase “Printing or Newspaper Establishment” is added to read as follows: Printing or Newspaper Establishment means an establishment who is engaged in the printing, publishing, or distribution of newspaper, magazines, books, advertising materials, or other printed products. This use may include design, typesetting, binding, and packaging activities, as well as administrative offices, storage, and shipping areas. RR. The definition for the phrase “Radio or TV Broadcast Studio” is added to read as follows: Ordinance No. 4170-8-25, Page 19 4914-3511-9950, v. 6 Radio or TV Broadcast Studio means a building or portion of a building used as a place to record and broadcast music, videos, and other media. SS. The definition for the phrase “Railroad Freight Station” is added to read as follows: Railroad Freight Station means an area or building where freight pick-up or distribution may include intermodal distribution, facilities for truck or shipping transport. Cargo may temporarily be stored prior to or following transport. TT. The definition for the phrase “Real Estate Sales Office (temporary)” is added to read as follows: Real Estate Sales Office (temporary) means an office space (see Office Use) used exclusively for the advertising, sale, or leasing of properties being built as part of a newly constructed site. UU. The definition for the phrase “Rental, Auto, Trailer, Truck” is added to read as follows: Rental, Auto, Trailer, Truck. See definition of Auto, Trailer, Truck Rental. VV. The definition for the phrase “Sand or Gravel Mining or Storage” is added to read as follows: Sand or Gravel Mining or Storage means an area where sand, gravel, or other rocks and minerals are removed from the ground and prepared for sale, along with any structures for containing or storing extracted materials prior to sale. WW. The definition for the phrase “Sanitary Landfill” is added to read as follows: Sanitary Landfill means a publicly or privately owned premise where the burial of non-hazardous waste substances from residential, institutional, commercial, or industrial waste users. A sanitary landfill must be certified and licensed by the State Department of Health (TDH) and the Texas Commission on Environmental Quality (TCEQ). XX. The definition for the phrase “Swimming Pool (Public)” is added to read as follows: Swimming Pool (Public) means a public recreational facility that focuses on water related activities that is operated as a business or as a club. YY. The definition for the phrase “Tire Recapping” is added to read as follows: Tire Recapping means an establishment where the retreading, refacing, or recapping of used tires is done for a fee. This establishment may include the sale of refurbished tires, re-installation of a repaired tire, or serve as a place where clients can sell used tires to the establishment for resale. ZZ. The definition for the phrase “Truck Sales and Repair – New” is added to read as follows: Truck Sales and Repair – New means an establishment that provides major or minor repairs to heavy load vehicles for a fee. This establishment may also engage in the sale of new heavy-loaded vehicles or trucks. AAA. The definition for the phrase “Truck Storage” is added to read as follows: Ordinance No. 4170-8-25, Page 20 4914-3511-9950, v. 6 Truck Storage means an area for parking or storage of operable (that is not junked, wrecked, or inoperable) trucks, buses, RVs, trailers, boats, and other types of special and heavy load vehicles, owned by others, for a fee. BBB. The definition for the phrase “Truck Terminal” is added to read as follows: Truck Terminal means premises where the freight is loaded, unloaded, delivered, transferred, or stored from the origin to the destination point. This use may include facilities for the temporary storage of loads prior to shipment. CCC. The definition for the phrase “Upholstery Shop” is added to read as follows: Upholstery Shop means an establishment where the reparation and replacement of furniture and soft coverings for furniture. This use does not include motor vehicle upholstering or repair. DDD. The definition for the phrase “Video redemption machine” is changed to “Video redemption machine (8-Liner Machines) – 5 or less” and amended to read as follows: Video redemption machine (8-Liner Machines) – 5 or less means a machine operated by the payment or insertion of paper currency, coin, metal slug, token, card, check or other consideration that is designed, made, and adapted solely for bona fide amusement purposes, and by operation of chance or a combination of chance and skill affords a user, in addition to any right of replay, an opportunity to receive exclusively noncash merchandise, prizes, toys, or novelties, or a representation of value redeemable for those items that have a wholesale value from a single play of the machine of not more than ten times the amount of the charge to play the machine or $5.00, whichever is less. No more than five video redemption machines may be operated on any premises or facility located under a common roof or located over a common foundation without a special use permit. EEE. The definition for the phrase “Warehouse/Distribution Center” is added to read as follows: Warehouse/Distribution Center means a building in which more than 50 percent of the ground floor area is utilized for the storage of products, which is not the office or showroom area of the building. SECTION 6. In the event of an irreconcilable conflict between the provisions of another previously adopted ordinance of the City of Allen and the provisions of this Ordinance, the provisions of this Ordinance shall be controlling. SECTION 7. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this 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 Allen Land Development Code, as amended hereby, which shall remain in full force and effect. SECTION 8. An offense committed before the effective date of this Ordinance is governed by prior law and the provisions of the Allen Land Development Code, as amended, in effect when the offense was committed, and the former law is continued in effect for this purpose. SECTION 9. Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be subject to the same penalty as provided for in the Allen Land Development Code, as amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense.