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Home My WebLink AboutO-942-9-89ORDINANCE NO. 942-9-89 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87 BY REDEFINING THE ELIGIBILITY REQUIREMENTS TO RECONSTRUCT SINGLE-FAMILY DWELLINGS THAT ARE DESTROYED BY FIRE OR NATURAL ELEMENTS IN THE CENTRAL BUSINESS DISTRICT; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION OF THE CAPTION. WHEREAS, pursuant to V.T.C.A. Local Government Code §211.001-211.013, authority is conferred upon the City of Allen, Texas, to establish zoning regulations with the City of Allen; and, WHEREAS, the Planning and Zoning Commission has held a public hearing and after careful review determined that, in order to protect the health, safety and welfare of the single-family dwellings that were in existence at the inception of the Central Business District, it was necessary to amend the eligibility requirements to reconstruct single-family dwellings that are destroyed by fire or natural elements; and, WHEREAS, the City Council held a public hearing and considered the Planning and Zoning recommendation and the testimony given at the City Council hearing and decided to favorably act upon the Planning and Zoning Commission's recommendation to amend the Comprehensive Zoning Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1: That on and after the effective date of this ordinance, any person, firm, corporation, or organization seeking constrution, reconstruction, alteration, or repair of a single-family dwelling in the Central Business District shall be required to comply with the amended requirements of this ordinance, to -wit: Article 2, Section 2.05, "Nonconforming Uses", paragraph 4., is hereby amended to read as follows: "4. That where single-family or two family dwellings were constructed prior to the effective date of this Ordinance, and which do not provide the required number of off-street parking spaces as required in Section 3.05 of this Zoning Ordinance, such single family or two family dwelling structures shall not be considered as nonconforming structures, but for the purpose of this ordinance shall be considered as conforming structures for all purposes. Ordinance No. 942-9-89 - Page 1 Any nonconforming use of land or structures may be continued for definite periods of time subject to such regulations as the Board of Adjustment may require for immediate preservation of the adjoining property prior to the ultimate removal of the nonconforming use. If a structure occupied by a nonconforming use is destroyed by fire or elements uncontrolled by man, it may not be rebuilt except'to conform to the provisions of this ordinance. In the case of partial destruction of a nonconforming use not exceeding fifty percent (50%) of its reasonable value, reconstruction will be permitted and the size or functions of the nonconforming use cannot be expanded. Exception: If a single family detached dwelling located in the Central Business District and lawfully constructed and operating since and prior to the effective date of this ordinance is destroyed up to one hundred percent (100%) by fire or elements uncontrolled by man, it may be wholly reconstructed for such use by conforming to the provisions of all applicable codes and ordinances. No nonconforming use may be expanded or increased beyond the lot or tract upon which such nonconforming use is located as of the effective date of this Ordinance except to provide off-street parking or off-street loading space upon approval of the Board of Adjustment. Whenever a nonconforming use is abandoned, all nonconforming rights shall cease and the use of the premises shall be in conformance to this Ordinance. Abandonment shall involve the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance. Any nonconforming use which is discontinued for, or which remains vacant for, a period of six (6) months shall be considered to have been abandoned." SECTION 2: That it appears the rules and regulations governing the zoning and use ,of land within the City of Allen are inadequate to ensure orderly future development and, in order to protect the public interest, comfort and general welfare of the City of Allen, creates an urgency and an emergency for the preservation of the public health, safety and welfare, and requires that this ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such cases provides. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TERAS, ON THE 21ST DAY OF SEPTEMBER, 1989. APPROVED: d1 J e Farmer, Mayor ATTEST: 4Jy Mo ison, City Secretary ROVED AS TO FORM: A. Don C-rewder, City Attorney Ordinance No. 942-9-89 - Page 2 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared JUDY EDQUIST, who having been by me duly sworn, on oath deposes and says: That she 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 Notice of Public Hearing (Sent. 14, 1989) of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Aug. 27. 1989 and which was issued on Aug . 27, 1989 -,by She City of A 1 1 1 e n of Collin County, Texas. A printed copy of said publication is attached hereto. rA� SUBSCRIBED AND SWORN to before me this_✓ day of , A.D. 19 �Q V.A. TODD • MY COMMISSION 0 10.8 0 'fir :a F '` Dsambw 5,11 Publishes s fee $ Public in and for Collin County, Texas CITY OF ALLEN NOTICE OF PUBLIC HEARING Notice is hereby given that the Allen Plan- ning &'Zoning Commission will conduct a rpublic hearing at their regular meeting to be held on Thursday, September 14,1989, at 7:30 p.m. in the Council Chambers of the Allen Municipal Annex, One Butler Circle, 'Allen, Texas, to consider an ordinance amending the Comprehensive Zoning Or dinance No. 829-11-87 by redefining the eligibility requirements to reconstruct single family dwellings that are destroyed Eby fire or natural elements in the Central iBusiness District. ' Anyone wishing to speak either FOR or i AGAINST this request is invited to attend this public hearing and voice their opinion. For further information, contact the Depart- kment of Community Development, -City of (Allen, One Butler Circle, Allen, Texas, or by telephoning 727-0120 or metro 424-7518. Judy Morrison, City Secretary AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared JUDY EDQUIST, who having been by me duly sworn, on oath deposes and says: That she 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 Ntoice of Public Hearing ( Sept 21, 1989) of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Aug. 27, 1989 and which was issued on -Aug. 27, 1989 , by The City of A 11 e n of Collin County, Texas. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this Z f , A.D. 19A?, F o`'' Y.A. TODD MY COMMISSION EXP(RES . D�wmbw 6,1! Publisher's fee S 9 0 0 • � ��'•� � • Public in and for Collin County, Texas CITY OF ALLEN` NOTICE OF'PUBLIC 'HEARINGr ` - °Notice is hereby given that the Allen City'. (Council will conduct a public hearing aY Itheir-regular meeting to be held on Thurs- day,-September hursday;September 21, 1989, at 7:30 p.m. in the Council Chambers of the Allen Munici- pal Annex, One Butler Circle, Allen, Texas,- to exas,to consider an ordinance amending the Comprehensive Zoning Ordinance No. '829-11-87 by redefining the eligibility re- ;quirements to reconstruct single family dwellings that are destroyed by fire or, na- tural eleinents in the Central Business '.District. ' , ' - • I 'Anyone wishing to speak either FOR or 'AGAINST this request is invited to attend this public hearing and voice their opinion. fFor further information, contact the Depart- ment of Community Development, City of Allen, One Butler Circle, Allen, Texas, or by (telephoning 727-0120 or metro 424-7518. ,Judy Morrison, City Secretary' �" r AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared JUDY EDQUIST, who having been by me duly sworn, on oath deposes and says: That she 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 Ordinance 942-9-89 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on and which was issued on Sept. 27, 1989 ,by City of Allen of Collin County, Texas. A printed copy of said publication is attached hereto. SUBSCRIBED AND S �`'"'"�*•: V.A. TODD �:. MY COMMISSION EXPIRI a'.....•�,: DftwmbW 5,1102 Publisher's fee S 9.00 A.D. 19 Public in and for Collin County, Texas u pm-6-0—ALLEN PUBLIC NOTICE .Notice is hereby given that the Allen City .Council adopted the following ordinance at their regular meeting held on Thursday, September 21,1989 (Title only): (ORDINANCE -No. 942-9-89: An Ordi- nance of the City of Allen; Collin CdLinty, iTexas; Amending Comprehensive Zoning Ordinance No. 829-11-87 by Redefining the Eligibility Requirements to Reconstruct Single -Family Dwellings that are De- stroyed by Fire or Natural Elements in the :Central Business District; Providing for an Effective Date; and Providing for Publica- tion of the Caption. , ' I !A copy of this ordinance may be read or !purchased in the office,of the City Secret- . ary, ecret'ary, City of Allen, One Butler Circle, Allen, Texas 75002 �s/Judy Morrison I Judy Morrison, CITY SECRETARY - AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared JUDY EDQUIST, who having been by me duly sworn, on oath deposes and says: That she 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 RDINANCE 942-9-89 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Sun. Oct. 1 1989 and which was issued on -Oct. 1 , 1989 , by City of Allen of Collin County, Texas. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this :'p�'�"'�r••: V.A. TODD MY COMMISSION EXPIRES— Deftrnber 5, 1992 N Publisher's fee $ 9.00• •.. ,a • .. of , A.D. 19 Public in and for Collin County, Texas CITY OF ALLEN m PUBLIC NOTICE )tice is hereby given that the Allen City )uncil adopted the following ordinance at Dir regular meeting held -on Thursday, 3ptember 21;`1989 (Title,only): RDINANCE-No. 942-9-89:,An Ordi- ince of the City of Allen, Collin County, was, Amending C&nprehensiVe Zoning •dinance No. 829-11-87 by Redefining D Eligibility Requirements to Reconstruct ngle-Family, Dwellings -that are -De •oyed by,Fire or, Natural Elements in the antral Business District; Providing for an lective Date; and Providing for Publica- n of the Caption!. - - % • copy of this ordiriarice may tie'read or rchased in the office of the City Secret f, City of Allen, One Butler Circle, Allen,; %as 75002 � ludy Morrison dy Morrison, CITY SECRETARY