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Home My WebLink AboutO-400-8-82ORDINANCE NO. 400-8-82 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING SECTION 3.08 OF THE COMPREHENSIVE ZONING ORDINANCE NO. 366-10-81 TO INCLUDE TEMPORARY ACCESSORY BUILDINGS AND AMENDING SECTION 2.07 OF THE COMPREHENSIVE ZONING ORDINANCE NO. 366-10-81 TO INCLUDE TEMPORARY ACCESSORY BUILDINGS IN COMMERCIAL ZONING DISTRICTS; PROVIDING FOR PERMIT; PROVIDING FOR PLAN REVIEW AND APPROVAL; PROVIDING FOR REGULATIONS; PROVIDING FOR TIME DURATION; PROVIDING FOR A PENALTY CLAUSE; A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of Allen, Texas, by its own initiative has reviewed the Comprehensive Zoning Ordinance No. 366-10-81 and, after due study and consideration, determined that it is in the best interest of the health, safety, and general welfare of the citizens of Allen that the Comprehensive Zoning Ordinance be amended to include Temporary Accessory Building Uses; and, WHEREAS, the Planning and Zoning Commission of the City of Allen, Texas, after due study and consideration, has determined that certain regulations need apply to the Temporary Accessory Building Uses for the protection of the public health, safety, and general welfare; and, WHEREAS, the Planning and Zoning Commission of the City of Allen, after due study and consideration, is of the opinion that certain time limits of such uses are necessary for the protection of the general health, safety, and welfare of the citizens of Allen; and, WHEREAS, the Planning and Zoning Commission of the City of Allen, following due process of law, held a Public Hearing on June 24, 1982, and has recommended to the Allen City Council that Section 3.08 and Section 2.07 of the City of Allen Comprehensive Zoning Ordinance No. 366-10-81 be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Ordinance No. 400-8-82 - Page 1 i OF ALLEN, TEXAS: SECTION 1. That from and after the effective date of this ordinance Section 3.08 of the City of Allen Comprehensive Zoning Ordinance No. 366-10-81 shall be amended to include Temporary Accessory Buildings. The addition of this use shall read as follows, to -wit: 1. That application for Temporary Accessory Buildings in commercially zoned districts shall be made to the Building Official. a. Permit fee to accompany application. b. A written statement from the owner of the existing facility, or his authorized agent, setting forth the need and/or the justification for the Temporary Accessory Building. C. The estimated schedule for a permanent building to be completed. 2. Building Regulations - Temporary Accessory Buildings in commercial districts may be of any type of construction permitted by the Allen Building Code. Temporary Accessory Buildings in all commercial areas requiring electrical and plumbing shall be in compliance with the City of Allen Building Regulations, including but not limited to the building code, the plumbing code, and the electrical code. 3. Temporary Accessory Buildings in all commercial districts will require plan approval and recommendation by the Planning and Zoning Commission and approval by the City Council (without Public Hearings). Such plan shall include, but not be limited to, consideration of the following regulations: a. Height Regulations - A maximum of one (1) story or fifteen (15) feet in height. b. Area Regulations - Temporary Accessory Buildings in commercial areas shall not be located in any front yard. Temporary Accessory Buildings, if , of a mobile nature, will be provided with acceptable stablization, underpinning, and temporary landscaping deemed feasible by the Planning and Zoning Commission at the time of plan approval. 4. Temporary Accessory Buildings in all commercial districts will require a temporary permit to be issued by the Building Official after approval by the Planning and Zoning Commission and the City Council in conformance with the temporary permit requirements in Section 2.07 of the City of Allen Comprehensive Zoning Ordinance. SECTION 2. That from and after the effective date of this ordinance Section 2.07 of the City of Allen Comprehensive Zoning Ordinance No. 366-10-81 is Ordinance No. 400-8-82 - Page 2 hereby amended to including the following, to -wit: 7. Temporary Accessory Buildings in Commerical Zoning Districts - After conformance with Section 3.08 of this ordinance may be used as temporary office space during construction of a new commercial structure or during the expansion of any existing commercial structure. The duration of temporary accessory building permits shall be for a period of six (6) months with a limit of one (1) extension for a period of time not to exceed twelve (12) months, which may be granted on evidence presented by the requestor that the permanent structure design is complete and that a building permit has been granted. Such extension shall be granted only after recommendation by the Planning and Zoning Commission and approval by the City Council. Temporary Accessory Building permits are limited to one (1) per applicant. During the initial six (6) month period, the staff will assist the applicant in complying with all regulations required for a permanent structure. SECTION 3. All provisions of the ordinances of the City of Allen in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Allen not in conflict with provisions of this ordinance shall remain in full force and effect. SECTION 4. 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 City of Allen, Texas, Comprehensive Zoning Ordinance No. 366-10-81, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of $200.00 for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 5. It is the intention of the City Council that this ordinance and every provision thereof shall be considered severable, and the validity of any section, clause, or provision or ' part or portion of any section, clause or provision of this ordinance shall not affect the validity of any other portion of this ordinance. SECTION 6. This ordinance shall become effective immediately upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF Ordinance No. 400-8-82 - Page 3 , ALLEN, TEXAS, ON THE 5th DAY OF AUGUST , 1982. APPROVED: AA4 , 9—� B. Pierson, Mayor ATTEST: Marty Hendrix, Ciq Secretary Ordinance No. 400-8-82 - Page 4 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared JACK R. STEIN, who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior to publishing f which the attached is a true and written copy, and which was Ed U v • and which was issued on r. cl �� by of Collin County, Texas. A printA copy of said publication is 3 SUBSCRIBED AND SWORN to before me this A `^ di 3, Publisher's Fee $ r0i,�- a -b @ ,Off' blished in THE ALLEN AME1t1(:AN on Notary Public in --0,,, J,.2- , /914 , A.D. 1911- . for Collin County, That any person, firm, or corporation violating any of the provisions or terms of this ordinance shall be sub- ject to the same,penalty as provided for'in the Planned Development Zoning Or. Idinance No. 371'10-81 of the City of Allen and upon con- iviction shall be punished by a fine not to exceed tfie sum 'of $200.00 for ehch offense. Copies' of "these or= dinances may be read or purchasedrin the office of the City Secretary; Allen CI- ty.Hall, 302 W. McDermott. ,-; Marty Hendrlx City Secretary Published .In µThe Allen American Monday, August 1291982 amended, and upon convic- tion shall be punished by' a fine not to exceed the sum of $200.00 for each offense, and each and every day such violation shall.- con- tinue' shall be deemed -to constitute a separate_ of. fense. 4 , '' . ,A , •, , Ordinance No., 401:8.82:,-, An Ordinance of,the City of Allen, Collin -County, Texas, Amending Comprehensive Zoning Ordinance No. 366.10.81 of the. City, of Allen as Heretofore Amend- ed so as to Attach a Specific Use Permit for the Principal Use of "Church" Therefore restricting the Northern " Four (4) Acres out of a 7.042 Acre Tract in the Lewis Wetzel Survey, Abstract No. 978, and Being Part of the Fountain Park First Section as Recorded In Volume 7, Page 68, of the Collin Coun- ty Deed Records, Presently Delineated on'the Official Zoning Map as PD -SC No. 6; providing for a Penalty; Pro- viding for an Effective'Date; 2. Public Notices and Providing for-Publlca- tion of the Caption.$, � THE CITY OF ALLEN That any person, firm, or PUBLIC NOTICE, corporatlon'vioiating any of II the provisions or terms of The following ordinances - this ordinance shall be sub - were adopted by the' Allen ject to the -same penalty as City Council In a regular provided,for''•In theACom- session held on August 5, prehensive',. Zoning, Or. 1982 (Titles and Penalty : dinance No. 366-10-8T,of the Clauses only.) City of Allen,.as,heretofore _ Ordinance No. 400.8-82: { ,amended, and upon convic. An ordinance of the City of tion shall, be. punished_ by a Allen, Collin County, Texas, fine not' -to exceed the*,sum Amending . Section. 3.08 of ' of $200.00 for, each offense. the Comprehensive Zoning Ordinance No. 402-8-82: Ordinance No. 366-10-81 .to ,An Ordinance of the City of Include Temporary _ Ac. Allen, Collin County, Texas, cessory Buildings -and } ,Amending Planned Develop - Amending Section' 2.07:.- of ment Zoning'Ordinance No. +371.10.81 the Comprehensive: Zoning to Include the At - Ordinance No. 366-10-81 to tachment• of Exhibih"A" as Include Temporary -Ac. . the Approved Site Plin fol cessory Buildings In Com- Development of ' the Nor- merclal Zoning Districts- "thorn Four (4) Acres Out of a Providing for Permit; Pro- 7.042 Acre Tract -kin the viding for PlanlRevlew and Lewis -,Wetzel,. Survey, Approval; Providing for Abstract No: 978, and Being Regulations; Providing for Part of the -Fountain Park Time Duration; Providing for First Section as Recorded In a Penalty Clause;' a s, Volume 7, Page 68, of the Severability Clause;•and an f.ICollin' County Deed Effective Date— a,Records,. Presently Any person;. firm,'or co1r: Delineated "on the- Offi potation violatingsnyr of the *Zoning Map as a Portlon provisions.or tertns-of this ,PD -SC No. 6; Providing for a ordinance -shill' be; subject Penalty; Providing for an EP"" to the same penalty as pro. fective Date; and providing vided for in the'City of Allen, for Publication of, the Cap - Texas, Comprehenslve.Zon- tion. Ing Or�iinar►ce,„No; aaa_1 n_24 ,..e.V 1_1-4--� >•�. �� --0,,, J,.2- , /914 , A.D. 1911- . for Collin County, That any person, firm, or corporation violating any of the provisions or terms of this ordinance shall be sub- ject to the same,penalty as provided for'in the Planned Development Zoning Or. Idinance No. 371'10-81 of the City of Allen and upon con- iviction shall be punished by a fine not to exceed tfie sum 'of $200.00 for ehch offense. Copies' of "these or= dinances may be read or purchasedrin the office of the City Secretary; Allen CI- ty.Hall, 302 W. McDermott. ,-; Marty Hendrlx City Secretary Published .In µThe Allen American Monday, August 1291982