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Home My WebLink AboutO-3177-9-13ORDINANCE NO. 3177-9-13 ' AN ORDINANCE OF THE ALLEN CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, AS PREVIOUSLY AMENDED, BY AMENDING SECTION 2.03.1 "SIGN CONTROL BOARD COMPOSITION, TERM; MEETINGS" RELATING TO THE MEMBERSHIP OF THE SIGN CONTROL BOARD; AMENDING SECTION 2.04.1 "BUILDINGS AND STANDARDS COMMISSION CREATED; MEMBERSHIP' RELATING TO THE MEMBERSHIP OF THE BUILDING AND STANDARDS COMMISSION; AMENDING SECTION 2.04.3 "PROCEEDINGS OF THE BUILDINGS AND STANDARDS COMMISSION" RELATING TO THE PROCEEDINGS OF THE BUILDING AND STANDARDS COMMISSION; AMENDING SECTION 4.20.2 "SCHEDULE OF PRINCIPAL USES," BY REMOVING THE USE OF "AUTOMOTIVE SALES AND SERVICES USES," AND AUTHORIZING "AUTO, TRAILER, TRUCK RENTAL USES" TO BE PERMITTED IN THE "GB" GENERAL BUSINESS DISTRICT AND PERMITTED ONLY WITH A SPECIFIC USE PERMIT IN THE "Id" LIGHT INDUSTRIAL DISTRICT AND "HI" HEAVY INDUSTRIAL. DISTRICT; PROVIDING A CONFLICTS RESOLUTION CLAUSE; 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: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Allen Land Development Code, Section 2.03.1 "Sign Control Board; Composition, Term; Meetings" shall be amended as follows: A. Subsection 1 shall be amended to read as follows: 111. There is hereby established Sign Control Bowel. The regular and alternate members of the Board of Adjustment shall constitute the membership of the Sign Control Board, all of whom shall be authorized to participate and vote on all matters coming before said board." B. Subsection 4 shall be amended to read as follows: ' "4. A majority of the members shall constitute a quorum. In the event of the absence of the chairperson and vice-chairperson, the members constituting the quorum shall elect for that meeting from the members present a member to preside as acting chairperson. All motions shall be decided by a majority ' of the members present. A tie vote shall constitute a failure of the motion." SECTION 2. The Allen Land Development Code, Section 2.04.1 `Building and Standards Commission Created; Membership" shall be amended to read as follows: "Sec. 2.04.1. Building and standards commission created; membership. I. Pursuant to the authority of Subch. C, Ch 54 of the Texas Local Government Code, as amended, there is hereby created the Building and Standards Commission to hear and determine cases conceming alleged violations of ordinances. The regular and alternate members of the Board of Adjustment shall constitute the membership of the Building and Standards Commission, all of whom shall be authorized to participate and vote on all matters coming before the Commission. 2. Each member of the Building and Standards Commission must be a resident of the City and should be knowledgeable and/or experienced with the building, plumbing, mechanical, electrical and fire codes adopted by the City. 3. Members of the Building and Standards Commission will be appointed for a term of two years. In the event of a vacancy, a replacement will be appointed for the remaining unexpired term. ' 4. Each year, the members of the Building and Standards Commission shall select a chairperson and vice -chairperson of the Commission and Commission panels, if established, who shall serve for a term of one year in said office. 5. The City Council may remove any member of the Building and Standards Commission for cause on a written charge. Before a decision regarding the removal is made, the City Council must hold a public hearing on the matter if requested by the commission member subject to the removal action. 6. The creation of the Building and Standards Commission does not affect the authority of the City to proceed under the jurisdiction of the municipal court. 7. The Building and Standards Commission may, from time to time, appoint from its membership one or more panels consisting of at least five members of the Commission to consider and dispose of matters within the jurisdiction of the Commission." SECTION 3. The Subsection 1 of Allen Land Development Code Section 2.04.3 "Proceedings of the Building and Standards Commission" shall be amended as follows: 1. The majority of the members of the Building and Standards Commission shall constitute a quomm for purposes of holding meetings and conducting the business of the full Commission. All cases to be heard by the Building and Standards Commission may be heard by the entire Commission or a panel of the Commission. ' If a matter is to be considered by a Commission panel, at least four members of the Commission panel must be present to hear a case submitted to the panel for disposition. To approve any action within the authority of the Building and Standards Commission or a Commission panel: Ordinance No. 3177-9-13, Page 2 a. With respect to matters considered by the entire Commission, the concurring ' vote of a majority of the members of the Commission present is required; and b. With respect to matters considered by a Commission panel, the concurring vote of a majority of the members of the Commission panel present is required. SECTION 4. The Allen Land Development Code, Section 4.20.2 "Schedule of Principle Uses," shall be amended to remove in its entirety the use "Automotive Sales and Service." SECTION 5. The Allen Land Development Code, Section 4.20.2 "Schedule of Principle Uses," shall further be amended to read as follows with respect to the use "Auto, Trailer, Truck Rental": 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. SECTIONS. 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. SECTION 10. 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, ON THIS THE 24ru DAY OF SEPTEMBER, 2013. APP VE Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITY ATTORNEY 1)N 9/12113.62291) Shelley B. George, C, CITY SECRETARY Ordinance No. 3177-9-13, Page 3 RESDIEN77AL USES NON-RESIDENTIAL DISTRICTS '. N N v T u1 b P S r LL m 2 ¢ rc rc z c z c c r i i� TYPEOF USE AUTO, TRAILER, TRUCK RENTALI I I Ix I I Is Is 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. SECTIONS. 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. SECTION 10. 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, ON THIS THE 24ru DAY OF SEPTEMBER, 2013. APP VE Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITY ATTORNEY 1)N 9/12113.62291) Shelley B. George, C, CITY SECRETARY Ordinance No. 3177-9-13, Page 3