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O-2102-10-02ORDINANCE NO. 2102-10-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, BY AMENDING ARTICLE VI, SECTION 6.01.5, PERMITTED USES WITH A SPECIFIC USE PERMIT RELATING TO NEIGHBORHOOD SELF STORAGE AND MINI -WAREHOUSES (SELF -STORAGE, INDUSTRIAL); PROVIDING A SEVERABH.ITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission of the City of Allen, Texas, and the governing body of the City of Allen, 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 by amending Article VI, Section 6.01.5, Permitted Uses relating to Neighborhood Self -Storage and Mini -Warehouses (Self -Storage, ' Industrial). 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 -thio type. "Section 6.01.5. Permitted Uses. a. A Specific Use Permit may be granted for those uses indicated by "S" in the Schedule of Permitted Principal Uses (Section 4.20.2) and the following: x. Mini -warehouses (Self -storage, Industrial) and Neighborhood Self Storage Facilities (a) Caretaker office and residence required. (b) Detailed design schematics are required. (c) Neighborhood self -storage shall be a single story, except for any on-site caretaker residence, which shall be limited to two stories. (d) No roof -mounted mechanical equipment shall be permitted on any Neighborhood Self -Storage Facility. (e) The doors of individual neighborhood self -storage units shall not be visible from the street. (f) No truck or vehicle rental or storage permitted in any Neighborhood Self - Storage Facility. ' (g) No outdoor storage of any kind shall be permitted in any Neighborhood Self - Storage Facility. (h) Exterior walls of Neighborhood Self -Storage Facilities may act as screening walls, provided that the exterior wall is setback not less than twenty-five feet from any residential zoned district or public street, and not less than ten feet on any other side. Such area within the setback shall be landscaped in a manner ' approved by the Director of Planning & Development and shall include a minimum of trees placed on 25 -foot centers Said area shall be maintained by the pronem owner. (i) Exterior walls shall have no penetrations and shall receive exterior architectural detailing. (j) Signage for neighborhood self storage shall be integrated with that of the commercial center of which it is a part. (k) Owner shall prohibit the storage of odorous, hazardous or toxic materials." 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, firm or corporation violating any of the provisions or terms of this ordinance shall 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 THUS THE STH DAY OF OCTOBER, 2002. APPROVED: Stephenlerrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smid, CITY ATTORNEY Judy Mardian, CMC/MMCA, CITY SECRETARY Ordinance No. 2102-10-02, Page 2