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HomeMy WebLinkAboutO-1714-4-99ORDINANCE NO. 1714-4-99 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-%, AS PREVIOUSLY AMENDED, BY AMENDING SECTION 2.10(67) DEFINITIONS TO AMEND THE DEFINITION OF HOME OCCUPATION; BY AMENDING SECTION 3.10 BY AMENDING THE REGULATIONS GOVERNING A HOME OCCUPATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR 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 Zoning Ordnance No. 1425-5-96, of the City of Allen, Collin County, Texas, as previously amended, be amended by amending the definition of Home Occupation in Section 2.10 in pan to read as follows: "2.10 DEFINITIONS 67. Home Occupation - A "home occupation" is an occupation or activity 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. SECTION 2. That Zoning Ordinance No. 1425-5-96, of the City of Allen, Collin County, Texas, as previously amended, be amended by amending Section 3.10 Home Occupations in part to read as follows: "3.10 HOME OCCUPATION -A "home occupation" shall be permitted as an accessory use to a dwelling mut as shown in the Schedule of Uses in the appendix of this Ordinance subject to compliance with the following conditions: ' 1. The activity shall be conducted wholly within the main building and not in any accessory building. Total floor area to be used for a home occupation shall not occupy more than twenty percent (20%) of the total floor area of the main building not to exceed 400 square feet. Outdoor activities shall be limited to instructional activities conducted in the back yard and screened from the neighboring property. ' 2. No outside storage of materials, goods, supplies, vehicles, trailers or equipment connected with the home occupation shall be allowed. 3. No advertisement, sign, or display, on the premises shall be allowed. No off premise advertisement sign or display shall include the street address of the premises. 4. There shall be no activity which regularly attracts persons other than the residents to the location of the home 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. Merchandise or products of the home occupation shall not be offered or displayed for sale at or on the premises. 6. Sales incidental to a service shall be allowed provided orders previously made by telephone are generally filled off the premises of the person conducting the home occupation, or at a sales party conducted off the premises of the person conducting the home occupation. ' 7. There shall be no external evidence of the home occupation. No activity shall indicate, from the exterior of the structure, that the premises we being used for anything other than a dwelling unit. 8. The activity shall employ only residents of the location of the home occupation. 9. A home occupation shall produce no offensive odor, noise, dust, smoke, fumes, glare, vibration, electrical disturbance, or heat in excess of those normally found in residential areas. 10. No traffic or parking of vehicles shall be generated by a home occupation in greater volumes than normally expected in a residential neighborhood and any need for parking most be accommodated within the required off street parking for the dwelling unit. 11. Child Gaze in a registered family home will be allowed and shall be limited to the number of children allowed under applicable state law or City Ordinance. 12. Any business, occupation, or activity 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." Ordinance No. 1714-4A9 Page 2 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, thaz all other provisions of said ordinances not in ' conflict herewith shall remain in full force and effect. SECTION 4. That any person, fnn or corporation violating any of the 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 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 Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 6. That 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 offence was committed and the former law is continued in effect for this purpose. 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 15ttDAY OF April , 1999. ' APPROVED: } -—(2e Stephen Terrell, MAYOR APPROVED AS TO F�OR-MM:(( ATTEST: Peter G. Smith, CM ATTORNEY J06y MoWison, CMC, CITY SECRETARY Ordinance No. 1714-4-99 Page