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O-2222-9-03ORDINANCE NO. 2222-9-03 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, BY AMENDING ARTICLE H, ADMINISTRATION, SECTION 2.03.1 SIGN REGULATIONS TO REMOVE TERM LIMITS FOR SIGN BOARD MEMBERS, AMENDING ARTICLE IV, ZONING REGULATIONS, TABLE 4.20.2 SCHEDULE OF PRINCIPLE USES, TO REQUIRE A MINIMUM DISTANCE OF 500 FEET FROM ANY EXISTING RESIDENTIAL STRUCTURE FOR CONCRETE BATCH PLANTS (TEMPORARY), AND AMENDING ARTICLE VII, ZONING DEVELOPMENT STANDARDS, SECTION 7.03.2 EXTERIOR FACADE MATERIALS TO CLARIFY THE REQUIREMENT FOR 100% MASONRY CONSTRUCTION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING 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 City 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, have given requisite notice by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all 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 this Allen Land Development Code should be amended. 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 is hereby amended in part by amending the sections as set forth below. New material in the text of the amended provisions of the Allen Land Development Code is set forth in underline type; material deleted from the text of the amended provisions of the Allen Land Development Code is set forth in strike-thm type. " Section 2.03.1. Sign Control Board 2. The tern of appointment shall be for two (2) years or until a successor is appointed. A member shall be eligible for reappointment. terms. In the event of a vacancy, the City Council shall appoint a member to serve the unexpired term." "Table 4.20.2 Concrete Batch Plant (Temporary) 'Must be located a nummum of 500 feet from any existing residential structure." "Section 7.03.2 Exterior Fagade Materials 1. All main building exterior wall construction materials that are exposed shall be constructed of 100% masonry, including but not limited to, stone, brick, tiles, , concrete masonry units, cast concrete, concrete stucco, etc. Glazing and framed glazing are considered acceptable alternatives. Synthetic stucco (such as Exterior Finish and Insulation System (E.F.I.S.) tray be utilized as an architectural accent material, not to exceed 10% of the exterior surface of any building fagade." SECTION 2. 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, that all other provisions of said ordinances not in conflict herewith ' shall remain in full force and effect. SECTION 3. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the ordinances of the City, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Allen Land Development Code, 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. SECTION 5. Any person, turn or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty w provided for in Allen Land Development Code Zoning Regulations 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 6. This ordinance shall take effect immediately from and after its passage and publication of the caption 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 23RD DAY OF SEPTEMBER 2003. APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: ik _ Peter G. Smith, CITY ATTORNEYhS elley B. Georg C, CITY SECRETARY Ordinance No. 2222-9-03, Page 2