HomeMy WebLinkAboutO-1704-4-99' ORDINANCE NO. 1704-4-99
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS,
AMENDING CHAPTER 13, SECTION 13-1, OF THE CODE OF ORDINANCES
TO ESTABLISH STREET SIGHT VISIBILITY REQUIRE 4t..NTS; PROVIDING
A SEVERABH,ITY CLAUSE; PROVIDING A REPEALING CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF A FINE
NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR
EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCH. OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS THAT:
SECTION 1: That Chapter 13, Section 13-1 of the Code of Ordinances of the City of Allen, Texas, be
and the same is hereby amended to read as follows:
"Sec. 13-1. Restricted Areas.
(a) No person should erect or maintain any wall, fence, plant life, or any other structure,
with the exception of utility poles or traffic control devices, in a visibility triangle, as defined
below:
' (1) in all wring districts, the portion of a corner lot within a triangular area formed
by connecting together the point of intersection of adjacent public street curb lines and
points on each of the public street curb lines 45 feet from the intersection. If there are no
street curbs, the curb line is considered to be 10 feet from the property line;
(2) in all zoning districts, the portion of a comer lot within a triangular area formed
by connecting together the point of intersection of the edge of a driveway or alley and an
adjacent public street curb line and points on the driveway or alley edge and the public
street curb line 20 feet from the intersection. If there is no street curb, the curb line is
considered to be 10 feet from the property line.
(b) No person shall erect, plant or maintain within any such restricted area any wall, fence,
plant life, or other structure, with the exception of utility poles or traffic control devices, to a
height between three and one-half and eight feet measured from the top of the adjacent street
curb. If there is no adjacent street curb, the measurement shall be taken from the grade of the
portion of the street adjacent to the visibility triangle.
(c) A special exception to the requirements of this section may be granted when, in the
opinion of the Traffic Engineer, the item will not constitute a traffic hazard.
(d) The provisions of Sections 13-1 and 13-2 shall not apply to any business building, family
dwelling or apartment house existing in the City on April 1, 1999, not in violation of any law of
this State or ordinance of the City.
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(e) The provisions of Sections 13-1 and 13-2 shall not effect the City's right to administer
and control the remaining portions of its public street right-of-way not involved in the triangular
comer areas provided for herein."
SECTION 2. That should any word, sentence, paragraph, subdivision, clause, phrase or section of
this ordinance, or of the Code of Ordinances, 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 3. That all ordinances of the City of Allen, Collin County, Texas, in conflict with the
provisions of this ordinance be, and the same are hereby, repealed; provided, however that all other
provisions of said ordinances not in conflict with the provisions of this ordinance 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 Code of Ordinances, as amended, in effect when the offense was
committed and the former law is continued in effect for this purpose.
SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this
ordinance or of the Code of Ordinances as amended hereby, shall be subject to the same penalty as
provided for in the Code of Ordinances of the City of Allen, as previously amended, and upon
conviction shall be punished by a fine not to exceed Five Hundred ($500) Dollars for each offense.
SECTION 6. This ordinance shall take effect immediately from and after its passage and publication
in accordance with its 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, THE 1ST DAY OF APRIL '1999.
APPROVED AS TO FORM:
'Peter G. Smith, CirY ATTORNEY
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
J y M . on, CMC, CITY SECRETARY
Ordinance No. 1704-4-99 Paget