O-2177-6-03ORDINANCE NO. 2177-6-03
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, BY
AMENDING APPENDIX "A," DEFINITIONS AND ARTICLE VII, SECTION 7.07
FENCES & WALLS; PROVIDING A SEVERABHJTY CLAUSE; PROVIDING A
REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; 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, Appendix A is hereby amended in part by amending the
definition of "Structure" and Article VII, Section 7.07, to read 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-thru type.
' "Appendix "A" - Definitions.
Structure —any construction, including a building or any portion thereof, erected for the purposes of support,
shelter or enclosure of persons, animals or property of any kind, including swimming pools located adjacent to
a designated collector or arterial as designated on the Thoroughfare Plan, decks in excess of thirty (30) inches
in height, and roof overhangs exceeding three (3) feet.
. A wooden fence eight feet (8'-0") or less in height shall not be considered
a structure for nurposes of this Code nor shall a tnasonry, brick or concrete wall ors lit rail or vicket fence
thirty-six (36') inches or less located in front Yards.
"Section 7.07. Fences & Walls
1. Height of Fence or Wall:
a. Any living plant screen erected or placed in the front yard shall not exceed four (4) feet in height
above the adjacent grade. No fence or walls above 36 inches structures or buildings shall be allowed
in the front yard.
' 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 provrsrons 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 in 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. 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 C117Y COUNCIL OF TBE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 10m DAY OF JUNE, 2003.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, ATTORNEY Shelley B. Geo e, TRMC, crn6sECRETARY
Ordinance No. 2177-603, Page 2