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O-1845-6-00WHEREAS, 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 adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS: ORDINANCE NO. 1845-6-00 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN ' COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE, THE SUBDIVISION ORDINANCE AND PORTIONS OF THE CODE OF ORDINANCES AND CODIFYING THE SAME AS THE ALLEN LAND DEVELOPMENT CODE; ESTABLISHING ZONING DISTRICTS AND REGULATIONS; CREATING NEW ZONING DISTRICTS; REGULATING THE HEIGHT OF BUILDINGS AND STRUCTURES, SIZES OF YARDS AND OPEN SPACES, THE USE OF BUILDINGS AND LAND FOR INDUSTRIAL, COMMERCIAL, RESIDENTIAL AND OTHER PURPOSES; PROVIDING FOR THE INCLUSION OF NEW AND UNLISTED USES; PROVIDING REGULATIONS GOVERNING EXTERIOR CONSTRUCTION; PROVIDING FOR OFF-STREET PARKING AND LOADING REQUIREMENTS; PROVIDING LANDSCAPE REQUIREMENTS; PROVIDING ACCESSORY BUILDING AND USE REGULATIONS; PROVIDING FENCING, WALLS AND SCREENING REQUIREMENTS; PROVIDING FOR SITE PLAN REVIEW AND APPROVAL; PROVIDING CERTAIN PERFORMANCE STANDARDS; PROVIDING LIGHTING AND GLARE STANDARDS; PROVIDING MINIMUM REQUIRED AREAS FOR LOTS AND DWELLING UNITS IN VARIOUS DISTRICTS; REGULATING THE DENSITY OF DWELLINGS AND OTHER STRUCTURES AND THE PERCENTAGE OF A LOT THAT MAY BE OCCUPIED BY STRUCTURES; ESTABLISHING THE BASIS FOR CREATING A BUILDING SITE; PROVIDING FOR SPECIAL USE PERMITS; ADOPTING A ZONING DISTRICT MAP AND MAKING IT A PART OF THIS ORDINANCE, DEFINING THE POWERS AND DUTIES OF THE PLANNING AND ZONING COMMISSION, THE BOARD OF ADJUSTMENT, SIGN CONTROL BOARD AND THE BUILDINGS AND STANDARDS COMMISSION; PROVIDING FOR NON -CONFORMING USES AND STRUCTURES; PROVIDING REGULATIONS GOVERNING SUBDMSION OF LAND AND PLAT APPROAL; ESTABLISHING REGULATIONS FOR DESIGN AND CONSTRUCTION OF STREETS, SIDEWALKS, ALLEYS AND UTILITIES; DEFINING CERTAIN TERMS; PROVIDING A SEVERABILITY 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 adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS: MISCELLANEOUS ' ARTICLE XIII SECTION 13.01. Repealing Certain Ordinances. That 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 foroe and effect. SECTION 13.02. Savings Provision. 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 13.03. Severability. That 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 13.04. General Penalty. That any person, firm or corporation violating any of the provisions or terns 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 13.05. Effective Date. That this ordinance shall take effect immediately from and after its passage and publication 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, COLLI N COUNTY, TEXAS, ON THIS THE 15Th DAY OF j= , 2000. APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: / l �, V l _YACJrL i 0 Nd�Jii/,O/I7'� Peter G. Smith, CITW ATTORNEY Jtffiy Mo n, CMC/AAE, CITY SECRETARY Ordinance No. 1845-6-00 Page 2 CITY OF ALLEN ALLEN LA Ni, D DEVELOPMENT CODE ALLEN LAND DEVELOPMENT CODE TABLE OF CONTENTS Page ARTICLE I GENERAL PROVISIONS 1.01 Enactment 1.1 1.02 Purpose 1.1 1.03 Jurisdiction 1.1 1.04 Rules of Construction 1.1 1.05 Consistency with Comprehensive Plan 1.2 1.06. Definitions 1.2 1.07 Severability 1.3 1.08 Certificate of Occupancy & Compliance 1.3 1.09-1.19 Reserved 1.4 1.20 Enforcement and Penalties 1.4 ARTICLE II ADMINISTRATION 2.01. Planning and Zoning Commission 2.1 2.01.1. Planning and Zoning Commission 2.1 2.01.2. Powers & Duties 2.1 2.02. Board of Adjustment 2.2 2.02.1. Board of Adjustment 2.2 2.02.2. Powers & Duties 2.3 2.03. Sign Control Board 2.4 2.03.1. Sign Control Board 2.4 2.03.2. Powers & Duties 2.4 2.03.3. Procedure 2.5 2.04. Building & Standards Commission 2.6 2.04.1. Building & Standards Commission 2.6 2.04.2. Powers & Duties of the Commission 2.7 2.04.3. Proceedings of the Commission 2.8 2.04.4. Notice of Proceedings before the Commission 2.8 2.04.5. Judicial Review 2.9 2.04.6. Failure to Comply with the order of the Commission 2.10 2.05. Planning Department 2.10 2.06. Chief Building Official 2.10 ALLEN LAND DEVELOPMENT CODE TABLE OF CONTENTS ARTICLE III BUILDING REGULATIONS Page 3.01. Adoption of Building Codes 3.1 3.02. Amendments to Building Codes 3.1 ARTICLE IV ZONING REGULATIONS 4.01. Applicability 4.1 4.02. Zoning Districts 4.1 4.02.1 Zoning Districts Established 4.1 4.02.2 Zoning District Map 4.1 4.02.3 Zoning District Boundaries 4.2 4.02.4 Compliance Required 4.2 4.02.5 Schedules and Illustrations 4.2 4.02.6 Planned Development Ordinances Continued 4.3 4.02.7 New and Unlisted Uses 4.3 4.03. Newly Annexed Territory 4.3 4.04. Platting Property 4.4 4.04.2 Creation of Building Site 4.4 4.05. Non -conforming Uses 4.4 4.06. Changes & Amendments 4.6 4.07. Reserved 4.8 4.08. District Purpose and Supplemental Use Regulations 4.8 4.08.1 "A-O"-Agriculture/Open Space 4.8 4.08.2 "R-1" and "R-1.5' Single Family Residential Estate District 4.8 4.08.3 'R-2", "R -3",'R-4", "R-5", "R -6",'R-7" Single Family Residential District 4.8 4.08.4 "2-F' Duplex Residential District 4.9 4.08.5 "TH" Townhouse Residential District 4.9 4.08.6 "MF -12" and "MF -18" Multifamily Residential District 4.9 4.08.7 "MH" Mobile Home Park District 4.9 4.08.8 "GO" Garden Office District 4.9 4.08.9 "O" Office District 4.10 4.08.10 "LR" Loral Retail District 4.10 4.08.11 "SC' Shopping Center District 4.10 4.08.12 "LC" Light Commercial District 4.10 4.08.13 "GB" General Business District 4.10 4.08.14 "CC' Corridor Commercial District 4.10 ii CJ J 5.01.1. ALLEN LAND DEVELOPMENT CODE 5.1 5.01.2. TABLE OF CONTENTS 5.1 5.01.3. Definitions Page 5.01.4. 4.08.15 "OT Office Technology District 4.11 5.01.5. 4.08.16 'TR" Technology Research (Reserved) 4.11 5.01.6. 4.08.17 "IT" Industrial Technology 4.11 5.01.7. 4.08.18 "LP and "HI" Industrial Districts 4.11 5.02 4.08.19 "PD" Planned Development District 4.11 5.03 4.08.20 "CF" Community Facilities 4.15 4.08.19 "CBD" Central Business District 4.15 4.09. Reserved. 4.16 6.01. 4.10. Residential Accessory Use Regulations 4.16 4.11: 4.14 Reserved 4.17 4.15. Height and Area Regulations 4.17 4.15.1. General Provisions 4.17 4.15.2. Residential Height and Area Regulations 4.19 4.15.3. Non -Residential Height and Area Regulations 4.20 4.20. Permitted Principal & Accessory Uses 4.21 4.20.1 General Provisions 4.21 4.20.2 Schedule of Principal Uses 4.22 4.20.3 Schedule of Accessory Uses 4.27 ( 4r ARTICLE V SPECIAL ZONES 5.01 Floodplain Hazard 5.1 5.01.1. Purpose 5.1 5.01.2. Methods of Reducing Flood Losses 5.1 5.01.3. Definitions 5.2 5.01.4. General Provisions 5.4 5.01.5. Administration 5.4 5.01.6. Permit Procedures 5.5 5.01.7. Provisions for Flood Hazard Reduction 5.7 5.02 Airport Hazard (Reserved) 5.03 Historic Preservation (Reserved) ARTICLE VI SPECIAL ZONING PROVISIONS 6.01. Specific Use Permits 6.1 6.01.1 Purpose 6.1 6.01.2 Permitted Uses 6.1 iii ALLEN LAND DEVELOPMENT CODE TABLE OF CONTENTS 4 Page 6.01.3 Approval Process and Procedure 6.1 6.01.4 Specific Use Permit Requirements 6.1 6.01.5 Permitted Uses 6.2 6.01.6 Revocation of Specific Use Permit 6.5 6.02 Specific Use Permits (Conditional) 6.5 6.02.1 Purpose 6.5 6.02.2 Applicability 6.5 6.02.3 Private Clubs and Restaurant/Private Clubs 6.5 6.03.1 Geographic Locations 6.5 6.03.2 Operational Regulations 6.6 6.03.3 Site Plan and Interior Design 6.6 6.03.4 Food/Beverage Ratio Applicable to Restaurant/Private Club 6.6 6.03.5 Firearms and Explosives Sales and Service 6.7 6.04 Temporary Use Permits 6.7 6.05 Site Plan Approval 6.9 6.05.1 Purpose 6.9 6.05.2 Applicability 6.9 6.05.3 Site Plan Details 6.9 6.05.4 Review Standards 6.10 ARTICLE VII ZONING DEVELOPMENT STANDARDS 7.01. Purpose 7.1 7.02. Applicability 7.1 7.03. Non -Residential Design Standards 7.1 7.03.1. Parking Garages 7.1 7.03.2. Exterior Facade Materials 7.1 7.03.3. Roof Top Mechanical Equipment 7.2 7.03.4. Outdoor Lighting 7.2 7.03.5. Utility Services 7.6 7.04. Off -Street Parking and Loading 7.6 7.04.1. Vehicle Parking 7.6 7.04.2. Off -Street Loading 7.11 7.04.3. Disabled Parking Requirements (RESERVED) 7.05. Landscaping Requirements 7.13 7.05.1. Standard Planting Materials 7.13 7.05.2 Multi -Family District & Non-residential Landscaping Requirements 7.13 7.05.3 Tree Planting Requirements for New Single Family Res. Development 7.15 7.05.4 Landscape Maintenance Requirements - All Districts 7.15 7.05.5 Landscape/Irrigation Plan Approval 7.16 ALLEN LAND DEVELOPMENT CODE 8.1 TABLE OF CONTENTS 8.1 8.02.2. Applicable Law 8.2 8.02.3. Superseding Regulations Page 7.06. Tree Preservation Requirements 7.16 7.06.1. Applicability 7.16 7.06.2. Tree Removal Permits 7.16 7.06.3. Calculation of Credits 7.17 7.06.4. Replacement of Trees 7.18 7.06.5. Guidelines for Tree Protection 7.18 7.06.6. Fence Row Tree Preservation 7.19 7.06.7. Special Regulations for Agriculture and Open Space 7.19 7.06.8 Historic Tree Preservation 7.19 7.07. Fences and Walls 7.19 7.08. Performance Standards 7.22 7.09. Sign Regulation (Reserved) 7.24 ARTICLE VIII SUBDIVISION REGULATIONS 8.01. Purpose. 8.1 8.02. General Provisions 8.1 • 8.02.1. Jurisdiction 8.1 8.02.2. Applicable Law 8.2 8.02.3. Superseding Regulations 8.2 8.02.4. Amendments 8.2 8.02.5. Administrative Approval of Certain Minor Plats, Amending Plats and Replats 8.2 8.03. Plat Regulations. 8.3 8.03.1. In General 8.3 8.03.2. General Development Plan 8.3 8.03.3. Preliminary Plat 8.5 8.03.4. Final Plat 8.8 8.03.5. Combination Plat 8.11 8.03.6. Replat Procedure without Vacating Preceding Plat 8.11 8.04. Permits Required 8.12 8.05. Subdivision Standards 8.12 8.05.1. Street Design Standards 8.13 8.05.2. Thoroughfare Design Standards 8.16 8.05.3. Thoroughfare Design Standards 2 8.17 8.05.4. Design Details 8.18 8.05.5. Sidewalk Standards 8.22 8.05.6. Alleys 8.22 8.05.7. Median Cuts 8.22 8.05.8. Fire Lanes 8.22 0 ALLEN LAND DEVELOPMENT CODE TABLE OF CONTENTS Page 8.06. Lot Design 8.23 8.07. Blocks 8.24 8.08. Water Utilities Standards 8.24 8.09. Wastewater Utility Standards 8.25 8.10. Extensions of Water and Wastewater Mains 8.25 8.11. Street Lights 8.25 8.12. Landscape Irrigation Systems 8.26 8.13. Drainage Requirements 8.27 8.14. Monuments 8 Markers 8.28 6.15. — 8.19. Reserved 8.28 8.20. Mandatory Homeowner's Association 8.28 8.21.-8.24. Reserved. 8.30 8.25. Escrow Policies and Procedures. 8.30 8.26. Payment of Fees, Charges and Assessments 8.30 ARTICLE IX THOROUGHFARE PLAN 9.01. Thoroughfare Plan 9.01 ARTICLE X PARKLAND DEDICATION 10.01 Purpose 10.1 10.02 Requirements for Residential Development 10.1 10.03 Prior Dedication, Absence of Dedication 10.1 10.04 Money -in -lieu of Land 10.1 10.05 Comprehensive Plan Considerations 10.1 10.06 Special Fund; Right to Refund 10.2 10.07 Annual Report Required 10.2 vi ALLEN LAND DEVELOPMENT CODE TABLE OF CONTENTS ARTICLE XI IMPACT FEES Page 11.01 Purpose 11.1 11.02 Definitions 11.1 11.03 Capital Improvements Advisory Committee 11.3 11.04 Impact Fee Required 11.3 11.05. Calculation of Impact Fees 11.4 Schedule A — Equivalency Tables 11.5 Map 11.05 11.6 Schedule B — Impact Fee Rates 11.7 Schedule C — Roadway Impact Fees by Land Use 11.7 11.06. Credits 11.8 11.07. Accounting for Fees and Interest Refunds 11.8 11.08. Refunds 11.8 11.09. Appeals 11.9 ARTICLE XII • RESERVED • ARTICLE XIII MISCELLANEOUS APPENDICES A. Definitions B. Filing Fees and Charges C. Planting Species, Unprotected and Replacement Trees D. Planned Development Districts E. Specific Use Permits F. Standard Construction Details — Paving G. Standard Construction Details — Storm Drainage H. Standard Construction Details — Water and Sanitary Sewer vii ALLEN LAND DEVELOPMENT CODE • ARTICLE I GENERAL PROVISIONS Section 1.01. Enactment. The Comprehensive Zoning Ordinance of the City of Allen, Texas, originally passed and approved May 2, 1996, as amended by Ordinance Nos. 1445-8-96, 1549-1-97, 17144-99, 1741-99 together with all amendments thereto, the Subdivision Ordinance of the City of Allen, Texas Ordinance No. 1068-12-61 adopted September 5, 1991, as amended by Ordinance Nos. 1102-4-92, 1237-4-94, 1612-7-98 together with all amendments thereto, Article IV, Parkland Dedication of Chapter 11 of the Code of Ordinances, Article I, II and III of Chapter 4 of the Code of Ordinances and Article II, Impact Fees of Chapter 12 of the Code of Ordinances are hereby amended and recodfied as the City of Allen Land Development Code. Section 1.02. Purpose. The regulations of this Code have been established in accordance with the Comprehensive Master Plan for the purpose of promoting the health, safety and general welfare of the City of Allen. They have been designed to lessen the congestion in streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements, promote the character of areas of the City, limit the uses in areas of the City that particularly suitable for particular uses, conserve the value of buildings, and encourage the most appropriate use of land throughout the City. • Section 1.03. Jurisdiction. 1. All development and use of land within the corporate limits of the City of Allen shall conform to all of the requirements of this Code, unless specifically exempted herein or by law. 2. All development and use of land within the extraterritorial jurisdiction of the City of Allen shall conform to the following provisions of this Code unless specifically exempted herein or by law: a. Article VIII, Subdivision Standards; b. Article IX, Thoroughfare Plan; c. Section 7.09. Signs; d. Section 7.06, Tree Preservation Section 1.04. Rules of Construction. 1. General. Ail provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the City Council may be fully implemented. 2. Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day; If the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. In the computation of time for public hearing notice, both the first day (day of the advertisement) and the last day (day of hearing) shall be excluded. The following time -related words shall have the meanings ascribed below. a. "Day" means a calendar day, unless working day is specified. �Ir 1.1 ALLEN LAND DEVELOPMENT CODE b. "Week" means seven (7) calendar days. c. "Month" means a calendar month. d. "Year" means a calendar year, unless a fiscal year is indicated. 3. Conjunctions. Unless the context clearly indicates to the contrary, conjunctions shall be interpreted as follows: a. "And" indicates that all connected items, conditions, provisions or events shall apply. b. "Or" indicates that one or more of the connected items, conditions, provisions or events shall apply. c. "Either ... or" indicates that the connected items, conditions, provisions, or events shall apply singularly but not in combination. 4. Delegation of authority. Whenever a provision appears requiring the head of a department or some other officer or employee to do some act or.perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize professional -level subordinates to perform the required act or duty, unless the terms of the provision or section specify otherwise. 5. Non-technical and technical words. Words and phases shall be construed according to the common and approved usage of the language, but technical words and phases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. 6. Number. A word indicating the singular number only may extend and be applied to several persons and things as well as to one person and thing. The use of the plural number shall be deemed to include any single person or thing, unless the context clearly indicates the contrary. 7. Public officials, bodies and agencies. All public officials, bodies, and agencies to which reference is made are those of the City of Allen, Texas, unless otherwise indicated. 8. Shall and may. The word "shall" is always mandatory and not discretionary. The word "may" Is permissive. 9. Tense. Words used in the past or present tense include the future as well as the past or present, unless the context clearly indicates the contrary. 10. Text. In case of any difference of meaning or implication between the text of this Code and any illustration or figure, the text shall control. Sec. 1.05. Consistency with Comprehensive Master Plan. 1. The regulations of this Code are intended to implement the City's official Comprehensive Master Plan, as such may be amended from time to time. A copy of the plan shall be kept in the office of the City Secretary, and it shall be available for public inspection during regular business hours. 2. Applications for rezoning shall be consistent with the land use categories designated for the property on the Future Land Use Map of the Comprehensive Master Plan. Sec. 1.06. Definitions. Certain terms and definitions used in this Code can be found in Appendix A. HIN ALLEN LAND DEVELOPMENT CODE •Sec. 1.07. Severability. It is hereby declared to be the intention of the City Council of the City of Allen that the sections, paragraphs, sentences, clauses and phrases of this chapter are severable, and if any phrase, clause, sentence, paragraph or section of this chapter shall be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Code. Section 1.08. Certificates of Occupancy and Compliance. 1. Certificates of Occupancy shall be required for any of the following: a. Occupancy and use of a building hereafter erected or structurally altered. b. Change in use of an existing building to a use of a different classification. c. Change in the occupancy and use of land to a use of a different classification. d. Change in any non -conforming use. e. Change in occupant or business within a building. 2. No such use or change of use shall take place until a Certificate of Occupancy shall have been issued by the Chief Building Official. 3. Fees for Certificates of Occupancy shall be adopted by resolution of the Council and are included in Appendix B of this Code. 4. Procedure for New or Altered Structures. Written application for a Certificate of Occupancy for a new or the alteration of an existing structure shall be made at the same time as the . application for a Building Permit for such a structure. The certificate shall be issued only after the determination is made that no violation of this Code or any other regulation or ordinance of the City following an inspection by the Chief Building Official. 5. Procedure for Vacant Land or a Change in Use. Written application for a Certificate of Occupancy for the use of vacant land, a change in the use of land, or for change from a non -conforming use to a conforming use shall be made to the Chief Building Official. The certificate shall be issued only after the determination is made that no violation of this Code or any other regulation or ordinance of the City following an inspection by the Chief Building Official. 6. Contents. Every Certificate of Occupancy shall contain the following: a. Permit number, b. Address of the building or structure, c. The name and address of the owner, d. A description of the structure or portion of the structure for which the Certificate is issued, e. A statement that the structure or portion of the structure has been inspected for compliance with the requirement of the adopted Building Codes, group and division of occupancy, f. The name of the Chief Building Official, g. Use or uses allowed, and • h. Issue date of the Certificate of Occupancy. 1.3 ALLEN LAND DEVELOPMENT CODE 7. Conditional Certificate of Occupancy. If the Chief Building Official finds that no substantial hazard will result from occupancy of any structure or portion thereof before the same is completed, a Conditional Certificate of Occupancy may be issued for a period not to exceed six (6) months, for the use of a portion or portions of the structure prior to completion of the entire building or structure. Such Conditional Certificate of Occupancy shall not be construed as in any way altering the respective rights, duties, or other obligations of the owners/tenants relating to the use or occupancy of the premises or any other provision of this Code. 8. Posting. The Certificate of Occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Chief Building Official. 9. Revocation. The Chief Building Official may, in writing, suspend or revoke a Certificate of Occupancy issued under the provisions of this Code whenever the Certificate was issued in error, or on the basis of incorrect information supplied, or when it is determined that the structure of portion thereof is in violation of any ordinance or regulation or any provision of this Code or the Building Codes and other codes adopted by the City, and any amendments thereto. Section 1.09: 1.19. Reserved. Section 1.20. Enforcement and Penalties. 1. Any person, firm or corporation who violates any provision of this Code shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not to exceed $2,000 and each day or portion of a day a violation exists or continues shall constitute a separate and distinct offense. 2. The penalty provided herein shall be cumulative of other remedies provided by state law as provided in Section 211.012 of the Texas Local Government Code, and the power of injunction may be exercised in enforcing this Code whether or not there has been a criminal complaint filed. 3. In addition to the aforementioned penalty, the right is hereby conferred and extended to any property owner owning property in any district where such property may be affected by a violation of the terms of this Code, to bring suit in such court or courts having jurisdiction thereof and obtain such remedies as may be available at law or in equity for the protection of the rights of such property owners. 4. A person may not use land or a structure on land located in the City for other than those uses designated as permitted uses in accordance with the provisions of this Code. 5. Utility Disconnection. The Chief Building Official may order City or private utilities to be discontinued upon failure to comply with this Code. 6. Enforcement Authority. This Code may be enforced by the Chief Building Official or any other representative of the City. 1.4 ALLEN LAND DEVELOPMENT CODE ARTICLE II ADMINISTRATION Section 2.01. Planning & Zoning Commission Section 2.01.1. Planning & Zoning Commission. 1. The Commission shall consist of seven (7) members appointed by the City Council to serve two- year terms. 2. Four (4) members of the Commission shall constitute a quorum and all members, including the Chairperson shall have the right of one vote each, a quorum being present. All actions of the Commission shall be by a majority, vote of those members present and an affirmative vote of four (4) members shall be necessary for the passage of any recommendations to the City Council. 3. The Commission shall elect a Chairperson and Vice -Chairperson annually at the first regular meeting in October and each officer shall serve for a period of one year or until his successor is elected. a. Chairperson: The Chairperson shall preside at all meetings when he is present, and shall implement any practice or procedure in the calling of meetings, conduct of meetings, or reporting of activities, that he considers in the best interest of the Commission and shall inform or consult with the City Council when requested and at such times when it deems necessary. b. Vice Chairperson: The Vice Chairperson shall assist the Chairperson in directing the affairs of the Commission and shall preside in the absence of the Chairperson. c. The Director of Planning and Development shall be responsible for keeping of minutes of all Commission meetings, maintaining the records of the Commission, and for delivery .and posting of notices. 4. The Commission shall establish its own rules and procedures and conduct such meetings as may be required to fulfill its responsibilities. All meetings shall be conducted in accordance with the Texas Open Meetings Act. 5. The Commission shall meet in the City Hall or other specified location at such times as may be designated by the Chairperson and at such intervals as may be necessary to transact the business of the Commission in a proper and orderly manner, but not less than once each month. Section 2.01.2. Powers & Duties. The Commission shall have the following power and duties: a. To review and approve or disapprove subdivision plats. b. To act as the Capital Improvements Advisory Committee, relating to Impact Fees. c. To hold public hearings and to make recommendations to the City Council, prior to any consideration by the City Council, on any of the following: 1. Any plan or proposal affecting land development including the Comprehensive Plan and the Major Thoroughfare Plan; ii. Initial zoning of any tract; iii. Any change or amendment to any zoning provision or regulation; iv. Any change or amendment to the Zoning District Map, or any change in any Zoning District Boundary; 6. The Planning and Zoning Commission may on its own initiative, by direction of the City Council or at the request of any property owner, conduct a public hearing on any proposed change or amendment to any zoning regulation as provided herein. 2.1 ALLEN LAND DEVELOPMENT CODE Section 2.02. Board of Adjustment Section 2.02.1. Board of Adjustment. The Board of Adjustment is established in accordance with the provisions of Local Government Code Section 211 at seq., regarding the zoning of cities and with the powers and duties as provided in said Statutes. Organization: a. Membership. The Board shall consist of five members and two alternates to be appointed by the City Council. Alternate members of the Board of Adjustment who shall serve in the absence of one (1) or more regular members when requested to do so that all cases heard by the Board of Adjustment will always be heard by a minimum of four (4) members. Regular members and alternate members of the Board of Adjustment shall serve for a period of two (2) years and until their succes- sors are appointed and qualified. Members of the Board may be removed forjust cause by City Council upon a written charge and after public hearing. Vacancies shall be filled by appointment of the City Council by a majority vote for the unexpired tens. The Board shall elect its own chairperson, who shall serve for a period of one (1) year or until a successor is elected. Such chairperson or the acting chairperson shall administer oaths and compel attendance of witnesses. b. Meetings. Meetings of the Board shall be open to the public in accordance with the Texas open Meetings Act and held at the call of the chairperson and at such times as the Board may determine. Any person may appear in person or by agent. The concurring vote of seventy-five percent (75%) or four members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, to grant a variance, or to decide in favor of the applicant on any matter upon which the Board is required to act under this Code. C. Rules. The Planning Director shall keep minutes of Board proceedings, showing the vote of each member or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. 2. Appeals: a. Application. An application for granting a variance by the Board, other than an appeal, shall be on a form provided by the City and shall be accompanied by the required fee. b. Appeals. An appeal may be taken .by any person aggrieved, or by any officer, department, board, or commission of the City affected by any decision of the Chief Building Official or other administrative officer. Such appeal shall be taken within fifteen (15) days after the date of the decision of the Building Official or other Administrative Officer has been rendered, by filing with the officer with whom the appeal is taken and with the Board a notice of appeal specifying the ground thereof. The officer, from whom the appeal is taken, shall forthwith transmit to the Board all papers constituting the record from which the appeal is taken. c. Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from unless the official certifies in writing to the Board that facts supporting the officials opinion that a stay would cause imminent peril to life or property. In that case, the proceedings shall not be stayed except by a restraining order which may be granted by the Board or by a court after notice to the official if due cause shown. d. Notice and Hearing. The Board shall fix a reasonable time for the hearing of an appeal notice thereof by depositing such notice in the mail addressed to the applicant and to the y owners of real property lying within two hundred (200) feet of the property, according to •r/ the current tax rolls of the City and by publishing notice of such hearing in a newspaper 2.2 ALLEN LAND DEVELOPMENT CODE of general circulation in the City. Both the mailed and published notice shall be given at least ten (10) days prior to the date of the hearing. e. Decision by Board. The Board shall decide the appeal within ninety (90) days after placement on its agenda after which time the request shall be deemed approved. The Board may reverse or affirm in whole or in part or modify the order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision or determination. Section 2.02.2. Powers and Duties of Board: 1. Jurisdiction. The Board shall have the flowing powers and shall have the power to impose reasonable conditions to ensure compliance and protect adjacent property, and to hear and decide the following special exceptions: a. To permit a public utility or public service or structure in any district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety, or general welfare. b. To permit the reconstruction of a nonconforming building or a building containing a non- conforming use damaged by explosion, fire, act of God, or other casualty in excess of fifty (50) per cent, but less than the total, of its fair market value, where the Board finds a compelling necessity requiring a continuance of the nonconforming use or structure. c. To approve and permit alternate building materials in non-residential Zoning Districts requiring masonry construction of exterior walls, if such alternate is in general conformance with and does not conflict with adjacent properties. • d. To authorize upon appeal in specific cases such variance from the terms of this Code as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this Code will result in unnecessary hardship, and so that the spirit of this Code shall be observed and substantial justice done 2. Limitations. The Board shall have no authority to grant a zoning amendment or to grant or modify Specific Use Permits or Planned Development Districts or to change any provisions of this Code. In the event that a request for a zoning amendment is pending before the Commission or City Council, the Board shall neither hear nor grant any variances with respect to the property until final disposition of the zoning amendment. The Board shall not grant a variance for any parcel of property or portion thereof upon which a site plan, preliminary plat or final plat (where required) in pending before the Planning & Zoning Commission or the City Council. All administrative remedies shall have been exhausted prior to hearing by the Board. 3. Appeals. No appeal to the Board of Adjustment shall be allowed on the same piece of property, on the same or similar question prior to the expiration of one (1) year from the date of a ruling of the Board of Adjustment on any appeal to such body, unless other property in the same zoning area shall have within such one (1) year period been altered or changed by ruling of the Board of Adjustment in which case such appeals of circumstances shall permit the allowance of an appeal. 4. Judicial review. Any person or persons, jointly or severally, aggrieved by a decision of the Board, or any taxpayer, or any officer, department, or Board of the City may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition must be presented within ten (10) day after the decision is filed. . Section 2.03. Sign Control Board. Section 2.03.1. Sign Control Board. 2.3 ALLEN LAND DEVELOPMENT CODE 1. The Sign Control Board is hereby created, consisting of five (5) members appointed by the City Council who shall be residents of the City and who shall serve without compensation. 2. The tens of appointment shall be for two (2) years or until a successor is appointed. A member shall be eligible for reappointment. No member shall be appointed to the Board for more than three (3) successive full terms. In the event of a vacancy, the City Council shall appoint a member to serve the unexpired term. 3. The Sign Control Board shall elect its own officers and each officer shall serve for a period of one year or until the successor is elected. a. Chairperson: The Chairperson shall preside at all meetings when present. The Chairperson shall implement any practice or procedure in the call or conduct of meetings in the best interest of the Board and shall consult with the City Council when requested and at such times when deemed. b. Vice Chairperson: The Vice Chairperson shall preside in the absence of the Chairperson in directing the total affairs of the Board. c. The Director of Planning shall keep the minutes of all meetings of the Board, maintain all records of Board decisions, and deliver and post notice of hearings. 4. Quorum: A majority of members shall constitute a quorum. In the event of the absence of the Chairperson and Vice Chairperson, the three members constituting the quorum shall elect for that meeting a member to preside as Acting Chairperson. All motions shall be decided by a simple majority of the members present. A tie vote shall constitute failure of the motion. 5. The Sign Control Board shall meeting as required to conduct their duties. All stated meetings shall be open to the public. The Board shall establish the dates, time, and place of meetings. All proceedings of the Sign Control Board shall be recorded and minutes of the meeting kept as a public record. Section 2.03.2. Powers and Duties. The Sign Control Board shall have the following powers and perform the following duties: 1. The City Council authorized the Sign Control Board to sit as a board of appeals in public hearing for purpose of this Code. In considering the requests for variation to requirements of the sign regulations, the Sign Control Board shall consider, but not be limited to, the degree of variance, the reasons for variance requested, the location of variance request, the duration of the requested variance, the effect on public safety, protection of neighborhood property, the degree of hardship or injustice involved, and the effect of the variance on the general plan for signing within the City. The Sign Control Board shall grant the variance requested, grant a variance of a greater or lesser nature than requested, or deny a variance request. 2. All action on variance requests shall be submitted to the City Council for review and such decisions of the Board shall become final unless reversed or modified by the City Council at the next available City Council meeting following the Sign Control Board meeting at which formal action was taken by the Board. In reviewing the action of the Board, or variance requests, the Council shall consider the records made at the hearing before the Sign Control Board. 3. The Sign Control Board shall conduct continuing studies of sign ordinances in neighboring municipalities as well as other cities where such study will assist in upgrading the function of signing within the City of Allen and make recommendations to the City Council where appropriate. 4. The Sign Control Board will conduct a continual review of all nonconforming signs and "/ all variances granted and determine their desirability and effects upon the neighborhood and City and make recommendations to the City Council where appropriate. 2.4 ALLEN LAND DEVELOPMENT CODE 5. The Sign Control Board will evaluate new signing techniques as such are developed and recommend to the City Council their benefits or disadvantages in the City of Allen. ® 6. A specific Sign Plan can be submitted for a new or existing development upon request of the developer. If it is in conformance with this Code, it shall be approved by staff. If variances are requested to the provisions of the sign regulations, it shall follow the variance procedures outlined in Section 2.03.3. 7. The Sign Control Board shall have the authority to consider a sign permit for any development that in the opinion of the Director of Planning and Development requires the review of the Sign Control Board. 8. The Sign Control Board shall conduct studies, prepare opinions and general plans as requested by the City Council. 9. The Sign Control Board shall perform any duties specified elsewhere in this Code. 10. The Sign Control Board may, from time to time, recommend to the City Council amendments or changes to the provisions of the sign regulations. Section 2.03.3. Procedure. 1. An application for a variance to the sign regulations regarding height, area, or bulk shall be accompanied by a variance or appeal application fee in the amount of one hundred dollars ($100), nonrefundable. Such application for variance may cover more than one sign, but shall apply to only one applicant and one location. The notification for a variance application must appear in the official newspaper of the City at least seven (7) days prior to the date on which the request is heard by the Sign Control Board. The variation application must contain the following information: a. Name, address, and telephone number of the applicant 0b. Location of building, structure or lot to which or upon which the sign(s) is to be attached or erected. c. Position of the sign(s) in relation to nearby buildings or structures, including other signs. d. The zoning classification of the property on which the sign(s) is to be located. Also, the zoning classification of all property within two hundred fifty (250) feet of the sign(s) location. e. The specific variation(s) requested and the reasons and justification for such requests. 2. The Building Official shall inspect annually, or at such other times as he deems necessary, each sign regulated by this Code for the purpose of ascertaining whether the same is secure or insecure, whether it still serves a useful purpose and whether it is in need of removal or repair. 3. The owner of the sign, the owner of the land or structure, or the person in charge of erecting, altering, replacing, relocating, or repairing the sign or structure are all subject to the provisions of this Code and therefore subject to the penalty hereinafter provided. 4. In the event the owner of the sign, land or structure, or person in charge of erecting, altering, replacing, relocating, or repairing the sign or structure fails to comply with the provisions of this ordinance, the Chief Building Official or his representative shall be authorized to issue notice to such owner or person in charge, and directing the abatement of violations of this ordinance within a ten-day (10 -day) period. This notice shall be in writing and may be served to the owner or person in charge by regular mail addressed to his post office address or address from other official record of the city or county, or by publication two (2) times within ten (10) days in the official newspaper of the City of Allen. It shall be further provided that in the event the owner or person in charge, as stated in this ordinance, fails to comply with the provisions of this ordinance . within ten (10) days after proper notice, as provided above, the Chief Building Official, or his representative, shall be authorized to abate all violations of this ordinance and shall charge all expenses to the owner of such property. The expenses assessed to the owner shall be actual removal expenses, but not less than twenty-five dollars ($25), plus a special fee of fitly dollars mg ALLEN LAND DEVELOPMENT CODE ($50) to cover administrative costs. Payment is due and is considered delinquent if not received by the City within thirty (30) days. In the event the owner fails or refuses to pay such expenses within thirty (30) days, the City shall file with the County Clerk of Collin County, Texas, a statement of said costs. The City of Allen, Texas, shall have a privileged lien on the premises, second only to tax liens and liens for street improvements, to receive the costs so made and ten percent (10%) per annum interest on the amount from the date the City incurs the expense. For any such costs, and interest, suit may be instituted in the name of the City, and the statement of costs, as provided in this ordinance, shall be prima facie proof of the costs expended in such work. Section 2.04. Building & Standards Commission. Section 2.04.1. Building & Standards Commission. 1. There is hereby created in accordance with Chapter 54 of the Texas Local Government Code, as amended, a Building and Standards Commission ("Commission") to hear and determine cases concerning alleged violations of ordinances. The Commission shall consist of five members, each of which 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. Members will be appointed for a term of two years and in the event of a vacancy, a replacement will be appointed for the remaining unexpired term. Each year the members of the Commission shall select a Chairperson and Vice Chairperson of the Commission and panels. 2. The City Council may remove any member of the 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 member subject to the removal action. 3. The creation of the Commission does not affect the ability of the City to proceed under the jurisdiction of the Municipal Court. 4. The Building and Standards Commission shall consist of the regular and alternate members of the Allen Board of Adjustment, and its alternate members, who shall independently perform the duties and functions of the Building and Standards Commission. The alternate members of the Board of Adjustment shall serve in the absence of one or more of the regular members when requested to do so by the Mayor or City Manager. 5. The Board of Adjustment may perform the responsibilities of the Building & Standards Commission. J 2.6 ALLEN LAND DEVELOPMENT CODE Section 2.04.2. Powers and Duties of the Commission. 1. The Commission shall have the following powers and duties: • a. Perform the functions and powers specified in Subchapter (C) of Chapter 54 of the Texas Local Government Code, as amended; b. Declare a building substandard in accordance with the powers granted by this code and Subchapter (C), of Chapter 54 of the Texas Local Government Code, as amended; c. Determine the amount and duration of civil penally the City may recover as provided by Section 54.017 of the Texas Local Government Code, as amended; d. Order, in an appropriate case, the immediate removal of persons or property found on private property, enter on private property to secure the removal if it is determined that conditions exist on the property that constitute a violation of an ordinance. The removal may be accomplished by use of City forces or a private transfer company if the owner of the personal property is not known, or the whereabouts of the owner cannot be ascertained, or the owner fails to remove the personal property. The Commission may cause any personal property removed to be stored in the care and custody of a bonded warehouse facility. The cost of removal and storage are the responsibility of the owner of the personal property; and order action to be taken as necessary to remedy, alleviate, or remove any substandard building found to exist; e. Issue orders or directives to any peace officer of the state, including a sheriff, constable or the chief of police of the City to enforce and carry out lawful orders or directives of the Commission panel; f. Require the reduction of occupancy load, or the number of tenants or occupants of an overcrowded structure or vacation of a structure that is reasonably dangerous to the health, safety, or welfare of the tenants or occupants; g. Order the removal or demolition of a structure found to be in violation of an ordinance; or as an alternative to demolition, order repair of the structure by the owner, lienholder or mortgagee and grant a reasonable period of time, in which the owner, lienholder or mortgagee is to comply with the determination or order; h. Require a vacant structure or vacant portion of a structure constituting a dangerous condition or nuisance be securely closed and made safe; I. Require or cause the correction of a dangerous condition on land. Correction of a dangerous condition may be accomplished by City forces or private contract. Costs of correction are the responsibility of the owner, j. Uphold the determination and order of the appropriate enforcement authority of the City; k. Find that a structure or building is not substandard and/or an unsafe building and refer the matter to the appropriate enforcement authority of the City for further appropriate action; I. Adopt rules not inconsistent with the ordinances of the City adopted pursuant to Subchapter (C) of Chapter 54 of the Texas Local Government Code, as amended; m. Serve as the board of appeals to hear and decide appeals of orders, decisions and determinations made by the building official, fire marshal, or the fire chief, as the case may be, relative to the application and interpretation of the building, plumbing, mechanical, electrical, housing, dangerous buildings, swimming pool and fire codes adopted by the City. 2. Notwithstanding the above, the Commission shall have no authority to interpret the administrative organization and enforcement provisions to, nor shall it be empowered 2.7 ALLEN LAND DEVELOPMENT CODE to waive any requirements of the building, plumbing, mechanical, electrical, housing, dangerous building, swimming pool, life safety, health, or fire codes, as adopted and/or amended by the City. Section 2.04.3. Proceedings of the Commission. 1. All cases to be heard by the Commission may be heard by any panel of the Commission but at least four (4) members of a Commission panel must be present to hear a case and the concurring votes of four (4) members of the Commission panel is necessary to take any action under this ordinance. 2. A majority of the members of the Commission shall adopt rules for the entire Commission in accordance with any ordinances adopted by the City pursuant to Subchapter (C) of Chapter 54 of the Texas Local Government Code, as amended. 3. Each Commission panel shall keep minutes of its proceedings showing the vote of each member on each question or the fact that a member is absent or fails to vote. Each Commission panel shall keep records of its examinations and other official actions. The records and minutes shall be filed immediately in the office of the Commission as public records. 4. Each Commission panel shall be held at the call of the Chairperson, or in his absence the Vice -Chairperson of each panel, or at other times as determined by the Commission. Each Chairperson, or in his absence, the Vice Chairperson of a panel may administer oaths and compel the attendance of witnesses. At meetings of the Commission and its panel shall be opened to the public. 5. Any Commission member having any personal or financial interest in a case or hearing before the Commission shall, upon filing a declaration of such fact with the Secretary of the Commission, be automatically excused from the meeting in which the interests are involved. It shall be considered misconduct and cause for removal from the Commission for any member to participate in any case or hearing which he or she has a personal or financial interest. 6. The building official or his designated representative shall present all cases before the Commission panels and shall act as the Secretary to the Commission, but shall not be a member. The secretary shall keep a record of the cases, activities, and actions of the Commission panels and its determinations, give notice of the date and time of hearings, and perform such other duties as are consistent with or may be necessary for the enforcement of this article. 7. If no appeals are taken from the decision of the Commission panel within the required period, the decision is in all things, final and binding. Section 2.04.4. Notice of proceedings before the Commission. 1. Notice of all proceedings before the Commission panels must be given: a. By certified mail, return receipt requested, to the record owners of the affected property, sent to the last known address, and each holder of a recorded lien against the affected property, as shown by the records in the office of the county clerk of the county in which the affected property is located, if the address of the lienholder can be ascertained from the deed of trust establishing the lien and/or other applicable instruments on file in the office of the county clerk; and b. To all unknown owners, by posting a copy of the notice on the front door of each improvement situated on the affected property or as close to the front door as practicable. 2. The notice shall be mailed and posted on or before the tenth (10th) day before the date of the hearing before the Commission panel. In addition, the notice must be published in a newspaper of general circulation in the City on one occasion on or before the tenth 2.8 ALLEN LAND DEVELOPMENT CODE (101h) day before the date fixed for the hearing; 3. Notice of the proceeding shall contain the following: . a. The street address and legal descriptions sufficient for identification of the premises upon which the building or structure is located; b. A description of the alleged violation present at the building or structure which renders it dangerous and substandard; c. The date, time and place of the hearing before the Commission panel; and d. A statement that the City will seek the repair, removal, closure or demolition of the building or structure or seek the vacation or relocation of the tenants or occupants of the building or structure. 4. If the notice sent to the last known address of the person being noted is returned undelivered, the building official may serve the notice personally if the whereabouts of said person is known. If the notice sent to an owner is returned undelivered, and after diligent search, the building official is unable to discover a correct address for the owner, or is unable to serve the owner personally, then the building official shall serve the notice by publication in the official newspaper of the City at least five (5) days before the hearing. Section 2.04.5. Judicial review. 1. Once a decision is made by a Commission panel, the person affected by it may appeal the decision to the State District Court by filing a petition with the District Court, duly verified, setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality, within thirty (30) calendar days after the date a copy of the final decision of the Commission panel is mailed by first class mail, certified return receipt requested, to all persons whom notice is required to be sent. The Commission panel shall mail that copy promptly after the decision becomes final. In addition, an abbreviated copy of the decision shall be published one (1) time in a newspaper of general circulation in the City within ten (10) caiendar days after the date of the mailing of the copy, as provided herein, including the street address or legal description of the property, the date of the hearing, a brief statement indicating the results of the order, and instructions stating where a complete copy of the order may be obtained, and a copy shall be filed in the office of the City secretary. 2. On presentation of the petition, the District Court may allow a writ of certiorari, pursuant to Subchapter (C), Chapter 54 of the Texas Local Government Code, as amended, directed to the Commission panel to review the decision of the Commission panel and shall prescribe in the writ the time, which may not be less than ten (10) days, within which a return of the writ must be made and served on the relator or the relator's attorney. 3. The Commission panel may not be required to return the original papers acted on by it. It shall be sufficient for the Commission panel to return certified or sworn copies of the papers or parts of the papers, as may be called for by the writ. 4. The return on the writ must concisely set forth other facts as may be pertinent and material to show the grounds for the decision appealed from and shall be verified. 5. The allowance of the writ does not stay proceedings on the decision appealed from. 6. The District Court's review shall be limited to a hearing under the substantial evidence rule. The court may reverse or affirm, in whole or in part, or may modify the decision . brought up for review. 7. Costs shall not be imposed against the Commission. 8. If the decision of the Commission panel is affirmed or not substantially reversed but only 2.9 ALLEN LAND DEVELOPMENT CODE modified, the District Court shall grant to the City all attorneys fees and other costs and expenses incurred by it and shall enter a judgment for those items, which may be entered against the property owners, as well as persons found to be in occupation of the property subject to the proceedings before the Commission panel. J Section 2.04.6. Failure to comply with the order of the Commission. 1. A person commits an offense if the person fails to comply with the Commission panel order. 2. It is the defense to prosecution under subsection (a) of this section that the Commission panel order has been appealed to the State District Court. Section 2.05. Planning & Development Department. 1. The Planning and Development Department, through the Director of Planning and Development, shall have the following responsibilities: a. To advise the Commission and the City Council concerning the administration and enforcement of this Code; b. To implement the provisions of this Code in conformance with the directives of the City Council and this Code; c. To advise the Commission on the development of plans affecting land use; d. To regularly update the Official Zoning Map; e. To make recommendations concerning proposed changes and amendments to zoning regulations and the Official Zoning Map; and f. To review site plans for conformance with the requirements of this Code. Section 2.06. Chief Building Official. 1. The Chief Building Official shall have the following responsibilities: a. To review all plans for construction for conformance with this Code and to administer the provisions of building codes adopted by the Council; b. To make recommendations concerning amendments to the adopted Building Codes; 2. Whenever any construction work is being done contrary to the provisions of this Code, the Chief Building Official may order the work stopped by notice in writing served on the owner or contractor doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Chief Building Official. 3. The Chief Building Official shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises necessary to tarty out his duties in the enforcement of this Code; provided that if such structure or property is occupied, Chief Building Official shall first present proper credentials and request entry, and if such entry is refused, the enforcement authority shall have recourse to every remedy provided by law to secure entry. J 2.10 ALLEN LAND DEVELOPMENT CODE ARTICLE III • BUILDING REGULATIONS Section 3.01. Adoption of Building Codes. There is hereby adopted by the City for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, the following codes: 1. The Uniform Building Code, being in particular the 1997 edition, and including future amendments or revisions as they are published, and shall be in effect except as it may be in conflict with the provisions of any ordinance of the city. 2. The National Electrical Code of the National Fire Protection Association, being in particular the 1999 edition, and also to include any and all future amendments or revisions as they are published and shall be in effect except as it may be in conflict with the Allen Electrical Code, attached hereto as Exhibit "A-1" and made a part hereof for all purposes, or any other ordinance of the city. 3. The Uniform Plumbing Code, being in particular the 1997 edition, and also to include any and all future amendments or revisions as they are published, and shall be in effect except as it may be in conflict with the provisions of any ordinance of the city. . 4. The International Mechanical Code, being in particular the 1996 edition with 1997 supplement, and also to include any and all future amendments or revisions as they are published, and shall be in effect except as it may be in conflict with the provisions of any ordinance of the city. The codes adopted herein shall constitute the Building Codes of the City of Allen. Section 3.02. Amendments to Building Codes. The Building Codes adopted by reference in section 3.1 are hereby amended in the following particulars: 1. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Permanent toilet facilities: A room in an existing building (including a construction trailer) or in the building being constructed with a water closet installed in such room which conforms to the Plumbing Code, and is continuously available to all workers involved in a construction project. Temporary toilet facilities: A portable, fully enclosed, chemically -sanitized toilet which is serviced and cleaned at least once each week. is 2. Every construction project requiring a permit within the City of Allen shall have adequate toilet facilities for workers associated with the project. 3.1 ALLEN LAND DEVELOPMENT CODE The following shall be considered adequate facilities: Residential construction projects: At least one (1) permanent toilet facility shall be .,,, maintained in each subdivision for the employees or subcontractors of each builder holding a permit for a building in that subdivision. A toilet facility must be provided by each builder as long as the builder holds an active permit in the subdivision. 3. The Uniform Building Code shall be amended as follows: Section 209; add a new definition to read as follows: HIGH-RISE BUILDING is a building having floors used for human occupancy located more than 55 feet (16 764 mm) above the lowest level of Fire Department vehicle access. Section 214; change definition of "Mechanical Code"to read as follows: MECHANICAL CODE is the International Mechanical Coder—m, as adopted by this jurisdiction. Section 217; change definition of "Plumbing Code"to read as follows: PLUMBING CODE is the Uniform Plumbing Code, as adopted by this jurisdiction. Section 220; add a new definition for "Self -Service Storage Facility". SELF-SERVICE STORAGE FACILITY is real property designed and used for the purpose of renting or leasing individual storage and removing personal property on a self-service basis. Section 302.4,Exception #3; changed to read as follows: 3. In the one-hour occupancy separation between Group R, Division 3 and Group U Occupancies, the separation may be limited to the installation of not less than one-half inch gypsum board, or materials approved for one-hour fire -resistive construction on the garage side; and a fight fitting weather stripped door 1 318 inches (35 mm) in thickness, or a tightfitting door having a fire -protection rating of not less than 20 minutes when tested in accordance with Part II of UBC Standard 7-2, which is a part of this code, is permitted in lieu ...(remainder to read the same). Section 305.9; change to read as follows: 305.9 Fire Alarm Systems. An approved fire alarm system shall be provided for Group E Occupancies. In Division 3 Occupancies, system smoke detectors shall be installed in all rooms used by children. In Group E Occupancies provided with an ... (remainder of section unchanged) ... Section 310.9.1.3; add an Exception to read as follows., Exception: Whenever rewiring or new wiring occurs during the alteration, repair or addition process that, in the opinion of the Building Official, makes it possible to hardwire the smoke detectors, then those that can be hardwired shall be installed as required for new construction. Section 310.9.1.4; add a sentence at the end to read as follows: If, in the opinion of the Building Oficial, the sounding of one alarm is not loud enough to be heard in all sleeping areas, one or more detectors may be required to be interconnected. Section 311.2.3.5; changed to read as follows: 311.2.3.5 Vehicle barriers. In parking garages where any parking area is located more than 5 feet (1524 mm) above the adjacent grade, deck, floor or ramp, vehicle barriers shall be provided. (remainder of section unchanged) 3.2 J y ALLEN LAND DEVELOPMENT CODE Section 403.1; changed to read as follows: • SECTION 403 — SPECIAL PROVISIONS FOR HIGH RISE OCCUPANCIES 403.1 Scope. This section applies to all Occupancies, each having floors used for human occupancy located more than 55 feet (16 764 mm) above the ... (remainder of paragraph unchanged} ... with Section 403.2. Exception: Open parking garages in compliance with Section 311.9. Section 403.2.2, item #2; changed to read as follows: 2. Except for corridors and partitions separating dwelling units or guest rooms, all interior - nonbearing partitions required to be one-hour fire -resistive construction by Table 6-A may be of non-combustible construction without a fire -resistive time period. For allowable reduction of corridor construction, see Section 1004.3.4.3. Section 403.2.2, item #3; delete. Section 403.5.2; add a third paragraph to read as follows: Actuation of any automatic or manual device shall initiate an alarm signal on the alarming floor, the floor above, and the floor below and identify on an annunciator the zone or address from which the alar signal originated. Section 403.5.3; change to read as follows., 403.5.3 Fire Department communication system. A two-way, approved Fire Department communication system shall be provided for Fire Department use. It shall operate between the central control station and elevators, elevator lobbies, emergency and standby power rooms, • fire pump room and inside stairways at each floor level. Section 403.7, Hem #1; add an Exception 94 to read as follows: 4. When corridors are not required to be of fire -resistive construction under Section 1004.3.4.3, the elevator lobby is not required. Section 503.4.8; add a third paragraph to read as follows: For one- and two-family dwellings and apartment buildings, open metal carport structures may be constructed within zero (0) feet of the property line without fire -resistive or opening protection when the location of such is approved as required by other City ordinances. Section 504.3, change the exceptions to read as follows Exceptions: 1. The major occupancy classification of a building may be used to determine the allowable area of such building when the major use occupies not less than 90 percent of the area of any floor of a non -sprinkled building, or not less than 80 percent of the area of any floor of a building provided with an automatic sprinkler system throughout; and provided that other minor accessory uses shall not exceed the basic area permitted by Table 5-B for such minor uses and that various uses are separated as specified in Section 302.4. 2. Groups, B, F. M and S and Group H, Division 5 Occupancies complying with the provisions of Section 505.2 may contain other occupancies provided that such occupancies do not occupy more than 10 percent of the area of any floor of a non -sprinkled building, or not more than 20 percent of the area of any floor of a building provided with an automatic sprinkler . system throughout; nor more than the basic area permitted in the occupancy by Table 5-B for such occupancy, and further provided that such occupancies are separated as specified in Section 302.4. 3.3 ALLEN LAND DEVELOPMENT CODE Section 505.2; add a third paragraph to read as follows: In other than Group H, Divisions 1, 2 or 3 Occupancies, the area of the following buildings shall not be limited if the building is provided with an approved automatic sprinkler system throughout as specified in Chapter 9, and entirely surrounded and adjoined by public ways or yards not less than 60 feet (18 288 mm) in width. The unlimited area provisions of this paragraph cannot be used in conjunction with the fire -resistive substitution provisions of Section 508. 1. Type II -FR buildings. 2. Type II -1 hr buildings with five or less stories. 3. Type II -N buildings with three or less stories. Section 505.3; items #1 through #4 are changed to read as follows: 1. delete 2. Section 904.2.6 for Group H, Division 1 and 2 Occupancies. 3. delete 4. Section 505.2 for unlimited area. Section 506; items #1 through #5 of the second paragraph are changed to read as follows: 1. Section 904.2.6 for Group H, Division 1, 2, 3, 6 and 7 Occupancies. 2. delete 3. delete 4. Section 505.2 for unlimited area. 5. Section 904.2.7 for Group I, Divisions 1.1 and 1.2 Occupancies used as hospitals, nursing homes or health-care centers in Type II One-hour, Type III One- hour, Type IV or Type V One-hour construction. Section 508 unchanged except Item #6 is changed to read as follows: 6. Corridors, except as specifically exempted in Sections 1004.3.4.3 (Sections 1004.3.4.3.1 and 1004.3.4.3.2). Table 5-A; insert a footnote #8 to the heading "EXTERIOR WALLS 1" and add the footnote to read as follows: When the exterior wall of a non -high-rise building is more than 20 feet from the property line, the fire -resistive requirements for exterior bearing and exterior nonbearing walls may be reduced by one-hour when the building is provided with an approved automatic sprinkler system throughout as specified in Chapter 9. However, a wall that is required to be one- hour may not be reduced except as allowed under Section 508. Table 6-A; insert a footnote #4 in building element #8, "8. Roofs and roof-collings s " and add a footnote #4 to read as follows: The fire -resistive requirements for roofs of non -high-rise buildings may be reduced by one- hour when the building is provided with an approved automatic sprinkler system throughout as specified in Chapter 9. Section 708.2.1; add a new sentence to item #4 to read as follows: For combustion air ducts within dwelling units, see also Section 709.1, Exception to item #1 of the Mechanical Code. 3.4 ALLEN LAND DEVELOPMENT CODE Section 708.3.1.2.1; change exception #2 to read as follows: • 2. Where approved sprinklers are installed within the attic space, draftstopping may be as speed in the exception to Section 708.3.1.2.2. Section 708.3.1.2.2; change the exception to read as follows: Exception: Where approved automatic sprinklers are installed within the attic space, the area between draft stops may be 9,000 square feet (836 m2) and the greatest horizontal dimension may be 100 feet (30 480 mm). Section 709.6.1; changed to read as follows: 709.6.1 General. When protection of openings is required, through penetrations of the fire - resistive walls shall comply ... {remainder of section unchanged) . Section 709.7; changed to read as follows: 709.7 Membrane Penetrations. When protection of openings is required, membrane penetrations of the fire -resistive ... (remainder of section unchanged) . Section 713.10; Rem #5 is changed to read as follows: 5. Penetrations of elevator lobbies required by Sections403.7 and 1004.3.4.5. Section 713.10; add a fourth paragraph to read as follows: For dampers in combustion air openings, see also Section 710.2 of the Mechanical Code. For dampers in use with direct -fired air -healing equipment, see also Section 915.7 of the •Mechanical Code. Section 713.11; add a fourth paragraph to read as follows: For penetrations of ducts conveying hazardous exhausts, see also Section 510.6.4 of the Mechanical Code. For dampers in combustion air openings, see also Section 710.2 of the Mechanical Code. For dampers in use with direct -fired air -heating equipment, see also Section 915.7 of the Mechanical Code. For penetrations of ducts in H-6 Occupancies, see also Section 1202.2.5 of this code. Section 902; subitems 1.3, 1.4, 1.5 and 1.6 added to read as follows: 1.3 U.B.C. Standard 9-4, Standard on Aircraft Hangars 1.4 U.B.C. Standard 9-5, Installation of Halon Fire Extinguishing System. 1.5 U.B.C. Standard 9-6, Standard for the Installation of Private Fire Service Mains and their Appurtenances 1.6 U.B.C. Standard 9-7, Installation of Sprinkler Systems in One- and Two -Family Dwellings and Manufactured Homes Section 904.1.2; changed to read as follows: 904.1.2 Standards. Fire -extinguishing systems shall comply with U.B.C. Standards 9-1, 9- 2, 913, 9-5 and 9-6; along with the appropriate National Fire Protection Association Standards. EXCEPTIONS: . 1. Automatic fire -extinguishing systems not covered with U.B.C. Standard 9-1, eF 9-2, 94, 9-5 or 9-6 shall be approved and installed in accordance with approved standards. 3.5 ALLEN LAND DEVELOPMENT CODE 2. Automatic sprinkler systems may be connected to the domestic water -supply main when approved by the building official, provided the domestic water supply is of adequate pressure, capacity and sizing for the combined domestic and sprinkler requirements. In such case, the sprinkler system connection shall be made between the public water main or meter and the building shutoff valve, and there shall not be intervening valves or connections. The Fire Department connection may be omitted when approved by the Fire Department. 3. Automatic sprinkler systems in Group R Occupancies four stories or less may be in accordance with U.B.C. Standard 9-3. 4. Automatic sprinkler systems in One- and Two -Family Dwellings and Manufactured Homes may be in accordance with U.B.C. Standard 9-7. 5. Where sprinklers are installed in electrical rooms they shall be separated from the buildings main sprinkler system by a pre -action valve. This valve shall be connected to fire detection device(s) in the electrical room. Sprinkler piping shall remain dry until the fire detection device activates and opens the pre -action valve. Detection devices shall have a minimum temperature rating of 165 degrees Fahrenheit. Sprinkler head(s) shall be of a type to remain closed until sufficient heat is present to open them. The sprinkler(s) shall have a minimum temperature rating of 212 degrees Fahrenheit. Sprinkler heads in electrical rooms shall be protected with a listed guard over the head. Sprinkler heads may be installed in electrical rooms without the pre -action valve, fire detection device and guard if approved tamper proof sprinkler heads are installed in place of standard heads. Water supply as required for such systems shall be provided in conformance with the supply requirements of the respective standards; however, every fire protection system shall be designed with a 5 psi margin of safety. Section 904.1.3; change to read as follows: 904.1.3 Modifications. When residential sprinkler systems as set forth in UBC Standard 9-3 are provided, exceptions to, or reductions in, code requirements based on the installation of an automatic fire -extinguishing system are not allowed. Allowable tradeoffs for, or increases in, Building Code provisions based on the installation of an automatic fire -extinguishing system are not allowed. Exception: Reductions are allowed for the following provisions: 1. Section 708.3.1.1.3, draft stops in floor -ceiling assemblies. 2. Section 708.3.1.2.1, draft stops in attics. 3. Section 708.3.1.2.2, draft stops in attics. Section 904.2.2; Amend section header and change item #5 and add items #6, #7 and #8 to read as follows: 904.2.2 All occupancies except Group U Occupancies. Except for Group U Occupancies, an automatic sprinkler system shall be installed. 5. Throughout all buildings with a floor level, other than penthouses in compliance with Section 1511, that is located 35 feet (10 668 mm) or more above the lowest level of Fire Department vehicle access. Exception: 1. (delete) 1 2. Open parking structures in compliance with Section 311.9. ri 3. (delete) rkw ALLEN LAND DEVELOPMENT CODE 6. High -Plied Combustible Storage. For any building with a clear height exceeding 15', see Section 8101 of the Fire Code. 7. Spray Booths and Rooms. New and existing spray booths and spraying rooms shall be protected by an approved automatic fire -extinguishing system as specified in the Fire Code. 8. Buildings Over 6,000 sq.ft. An automatic sprinkler system shall be installed throughout all buildings over 6,000 sq.ft. Exception: Open parking garages. Section 904.2.6.4; added to read as follows: 904.2.6.4 Group H, Division 5 Occupancies. Aircraft hangers shall be classified by Group and Type', and shall be provided with a fire -extinguishing system as specked by UBC Standard 9-0. ('Note: Any classification of construction type under UBC Standard 9-4 shall be for use with that standard only and shall have no bearing on the construction type used in conjunction with any other provision of this code.) Section 904.2.9 changed to read as follows: 904.2.9 Group R, Division 1 Occupancies. An automatic sprinkler system shall be installed throughout every apartment house two or more stories in height or containing 16 or more dwelling units, every congregate residence two or more stories in height or having an occupant load of more than 10, and every hotel two or more stories in height or containing 20 or more guest rooms. Residential or quick -response standard sprinklers shall be used in . the dwelling units and guest room portions of the building. Sections 904.2.10, 904.2.10.1 and 904.2.10.2; added to read as follows: 904.2.10 Group S Occupancies. 904.2.10.1 Self-service storage facility. An automatic sprinkler system shall be installed throughout all self-service storage facilities. Exception: One story self-service storage facilities, that have no interior corridors, with a one-hour fire -rated occupancy separation wall installed between every storage compartment. 904.2.10.2 Group S, Division 5 Occupancies. Aircraft hangers shall be classified by Group and Type', and shall be provided with a fire -extinguishing system as specified by UBC Standard 9.4. ('Note: Any classification of construction type under UBC Standard 9-4 shall be for use with that standard only and shall have no bearing on the construction type used in conjunction with any other provision of this code.) Section 904.4; subparagraph 4.4 of item 114 is changed to read as follows: 4.4 Other approved fire -protection equipment is installed in such areas. Section 904.5.3;change the third paragraph to read as follows: There shall be a two-way outlet above the roof line on every standpipe when the roof has a slope of less than 4 units vertical in 12 units horizontal (33.3% slope). Exception: Where the stairway extends to the roof, the two-way outlet may be located at the topmost Floor landing. 3.7 ALLEN LAND DEVELOPMENT CODE Section 904.5.3; add a new paragraph to read as follows: All Class I standpipes shall be: 1. Water filled at all times; or, 2. Supervised with a minimum of 10 psig and a maximum of 40 psig air pressure with a high/low alarm. Section 906.1;add an Exception #3 to item #1 to read as follows: 3. Buildings protected throughout by an approved automatic sprinkler system. Section 906.6.3;add an Exception to read as follows: Exception: In buildings protected throughout by an approved automatic sprinkler system, curtain boards need only to extend down from the ceiling for a minimum depth of four (4) feet. Table 9-A; change Occupancy Item #5, Standpipe Class for sprinkled buildings from "No requirement" to Class "I". Section 1004.2.4; change the exception to read as follows: Exceptions: The separation distance determined in accordance with this section may be measured along a direct path of exit travel within a corridor serving exit enclosures. The walls of any such exit enclosure shall not be less than 30 feet (9144 mm), measured in a straight line, from the walls of another exit enclosure. When the building is provided with an automatic sprinkler system throughout, at least two of the exits or exit -access doorways shall be placed a distance apart equal t- not 'j less than one third of the length of the maximum overall diagonal dimension of the area served, in lieu of one half, measured in a straight line between the center of such exits or exit -access doorways. Section 1004.2.5.2.3; add a second paragraph to read as follows: When reduction of corridor construction is allowed under Section 1004.3.4.3, the reduction shall not apply to the corridors of this section for extra travel distance. Section 1004.2.5.2.5; changed to read as follows: 1004.2.5.2.5 Factory, hazardous and storage occupancies. In a building classified as a Group H, Division 5 aircraft repair hangar, or as a Group F or Group S Occupancy, the travel distance shall not exceed 300 feet (91 440 mm) and may be increased to 400 feet (121 920 mm) if the building is equipped with an automatic sprinkler system throughout. Section 1004.2.6; changed to read as follows., 1004.2.6 Dead ends. Where more than one exit or exit -access doorway is required, the exit access shall be arranged such that there are no dead ends in hallways and corridors more than 20 feet (6096 mm) in length. Exceptions: 1. In occupancies in Use Group B where the building is equipped throughout with an automatic sprinkler system, the length of dead-end corridors shall not exceed 50 feet (15 240 mm). 2. A dead-end corridor shall not be limited in length where the length of the dead-end corridor is less than 2.5 times the least width of the dead-end corridor. 3.8 ALLEN LAND DEVELOPMENT CODE . Section 1004.3.4.3, Exceptions #4, 5 and 6 are changed to read as follows: 4. Corridor walls and ceilings of Group B Occupancies need not be of fire -resistive construction when the entire story in which the space is located is equipped with an automatic sprinkler system throughout and an automatic smoke -detection system installed within the corridor. The actuation of any detector shall activate alarms audible in all areas served by the corridor. Use of this exception will not permit the use of non -rated non -protected construction in the following: -for the exit enclosure separation in exception #1 of Section 1004.2.4. -to obtain the 100 foot travel distance increase of Section 1004.2.5.2.3. -to convey air to or from rooms as stated in Section 601.2 of the Mechanical Code except that private corridors within a single tenant space may be used to convey air provided that smoke detectors are installed within the tenant corridor in accordance with their listing. 5. Except for Groups H, I and R-1 Occupancies, corridors shall not be required to be protected when the building is protected by an approved automatic sprinkler system throughout. Use of this exception will not permit the use of non -rated non -protected construction in the following: -for the exit enclosure separation in exception #1 of Section 1004.2.4. • -to obtain the 100 foot travel distance increase of Section 1004.2.5.2.3. -to convey air to or from rooms as stated in Section 601.2 of the Mechanical Code. 6. In Group B office buildings, corridor walls and ceilings need not be of fire -resistive construction within office spaces of a single tenant when the space is equipped with an approved automatic smoke -detection system within the corridor. The actuation of any detector shall activate alarms audible in all areas served by the corridor. The smoke - detection system shall be connected to the building's fire alar system where such a system is provided. Section 1004.3.4.5; add Exception #4 to read as follows: 4. When corridors are not required to be of fire -resistive construction under Section 1004.3.4.3, the elevator lobby is not required. Section 1005.3.3.7; changed to read as follows., 1005.3.3.7 Pressurized enclosure. In a building having a floor level used for human occupancy located more than 55 feet (16 764 mm) above the lowest level of Fire Department vehicle access, all required exit enclosures shall be pressurized in accordance with Section 905 and this section. Pressurization shall occur automatically upon activation of an approved fire alar system. Exceptions: 1. If the building is not equipped with a fire alarm system, pressurization shall be upon activation of a spot -type smoke detector listed for releasing service located within 5 feet (1524 mm) of each vestibule entry. • 2. Open parking garages in compliance with Section 311.9. 3.9 ALLEN LAND DEVELOPMENT CODE A controlled relief vent capable of discharging a minimum of 2,500 cubic feet per minute (1180 Us) of air at the design pressure difference shall be located in the upper portion of such pressurized exit enclosures. Section 1005.3.3.7.1; changed to read as follows: 1005.3.3.7.1 Vestibules. Pressurized exit enclosures shall be provided with a pressurized entrance vestibule that complies with the requirements of this section. Exception: For buildings equipped with an automatic sprinkler system, vestibules may be omitted, provided all enclosed exit enclosures are equipped with a barometric dampered relief opening at the top and the stairway supplied mechanically with sufficient air to discharge a minimum of 2,500 cubic feet per minute (1180 Us) through the relief opening while maintaining a minimum positive pressure of 0.15 -inch water column in the shaft relative to atmospheric pressure with all doors closed. Activation of the mechanical equipment shall be initiated by activation of an approved fire alarm system. If the building is not equipped with a fire alarm system, pressurization shall be upon activation of a spot -type smoke detector listed for releasing service located within 5 feet (1524 mm) of each enclosure door. Such equipment shall also be activated by actuation of the automatic sprinkler system. Section 1006.3.3.1; changed to read as follows: 1006.3.3.1 General. Exterior exit stairways serving as a portion of the exit discharge in the means of egress system shall comply with the requirements of Section 1006.3.3. An exterior exit stairway serves as an exit discharge component in a means of egress system and is open on not less than two sides, except for required structural columns and open - type handrails and guardrails. The adjoining open ... fremainder of section unchanged)... for interior stairways. Section 1101.2; add an item #2 to read as follows: 2. Alternate Design. Buildings regulated under State Law and built in accordance with State certified plans, including any variances or waivers granted by the State, shall be deemed to be in compliance with the requirements of this Chapter. State certification of final inspection must be provided before issuance of Certificate of Occupancy. Section 1202.2.1; add this exception after the second paragraph to read as follows: Exception: Bathroom exhaust ducts may terminate in a warehouse or shop area when infiltration of outside air is present and the duct does not penetrate an occupancy separation. Section 1203.3; change the exception after the third paragraph to read as follows: Exception: Private laundry rooms in Group R, Division 3 Occupancies. Section 1506.3; change to read as follows: 1506.3 Overflow Drains and Scuppers. Where roof drains are required, overflow drains shall be sized and installed in accordance with Section 1107 of the Plumbing Code. Overflow drains shall discharge to an approved location and shall not be connected to roof drain lines. Table No. 15-A and footnotes changed to read as follows: 'Insert a footnote #5 in the heading "TABLE 15-A - MINIMUM ROOF CLASSES 6' 3.10 ALLEN LAND DEVELOPMENT CODE 'Change the roof classes for R-3, Types III -one-hour, III -N, IV, Vone-hour and V -N from . "NR" to "C". 'Delete footnotes 1 and 3. 'Change footnote #4 to read as follows: When exceeding 120 sq.ft. of projected roof area, the roof class shall be a minimum of Class C or shall be non-combustible. 'Add a footnote #5 to read as follows: ' All individual replacement shingles or shakes shall be in compliance with the rating required by this table. Section 2501.2; delete. Section 2903; changed to read as follows: SECTION 2903 — ALTERNATE NUMBER OF FIXTURES As a recommended but not required alternate to the minimum number of plumbing fixtures required by this chapter, see Appendix Chapter 29 of this code or Table 403.1 of the Plumbing Code. Section 3504, Part ll, Chapter 9; changed to read as follows: 9-1; 307.11.3, 321.1, 403.2, 404.3.1, 405.1.1, 804.1, 902, 904.1.2, 904.1.3, 904.2.6.3, 904.2.7, 904.3.2, 2603.7.1, 2603.8.1 Installation of Sprinkler Systems. Standard for the Installation of Sprinkler Systems, NFPA • 13-1996, National Fire Protection Association. 9-2; 902, 904.1.2, 904.5.1 Standpipe Systems. Standard for Installation of Standpipe Systems and Hose Systems, NFPA 14-1996, National Fire Protection Association. 9-3; 804.1, 805, 902, 904.1.2, 904.1.3, 2603.7.1, 2603.8.1 Installa8on of Sprinkler Systems in Group R Occupancies Four Stories or Less. Standard for the Installation of Sprinkler Systems in Residential Occupancies up to Four Stories in Height, NFPA 13R-1996, National Fire Protection Association. 94; 902, 904.2.6.4, 904.2.10.2 Aircraft Hangars. Standard on Aircraft Hangars, NFPA 409-1995, National Fire Protection Association. 9-5; 902, 904.1.2 Halon Fire Extinguishing System. Standard on Halon 1301 Fire Extinguishing Systems, NFPA 12A-1992, National Fire Protection Association. 9-6; 902, 904.1.2 Standard for the Installation of Private Fire Service Mains and Their Appurtenances, NFPA 24-1995, National Fire Protection Association. 9-7; 902, 904.1.2 Installation of Sprinkler Systems in One- Two -Family Dwellings and Manufactured Homes, is Appendix 13D-1996, National Fire Protection Association. Appendix Section 421.1; add an exception to paragraph #1 to read as follows: 3.11 ALLEN LAND DEVELOPMENT CODE Exception: When horizontal members are part of a fence that is at least 6 feet (1830 mm) in height, the horizontal members need not be on the pool side of the barrier. Appendix Section 1107.4; added to read as follows: 1107.4 Alternate Design. Buildings regulated under State Law and built in accordance with State certified plans, including any variances or waivers granted by the State, shall be deemed to be in compliance with the requirements of this Chapter. State certification of final inspection must be provided before issuance of Certificate of Occupancy. Appendix Section 1516.3, subparagraph #1; changed to read as follows: 1. Asphalt shingles. Not more than one overlay of asphalt shingles shall be applied over an existing asphalt or wood shingle roof. U.B.C. Standard No. 9-1 is changed to read as follows: UNIFORM BUILDING CODE STANDARD 9-1 INSTALLATION OF SPRINKLER SYSTEMS See Sections 307.11.3; 404.3.1; 405.1.1; 405.3.4; 804.1; 902; 904.1.2; 904.1.3;904.2.8.3; 904.2.8; 904.2.9; 2603.7.1; 2603.8.1, Item 4; Appendix 327.2, Uniform Building Code This standard, with certain exceptions, is based on the National Fire Protection Association Standard for the Installation of Sprinkler Systems, NFPA 13-1996. Part I of this standard contains the exceptions to NFPA 13-1996. Delete all of Part I and Part 11 and replace with a new Part I to read as follows: Part I SECTION 9.101 --AMENDMENTS The National Fire Protection Association standard adopted by this standard applies to the selection, installation, acceptance inspection and acceptance testing of sprinkler systems, except as follows: 1. Any standard referenced in this document that has not specifically been adopted may be replaced with other nationally recognized standards, or with adopted provisions from Volume I of this code or from the Fire Code, by the authority having jurisdiction. 2. All references to NFPA 24, Standard for the Installation of Private Fire Service Mains and Their Appurtenances, shall be taken to mean U.B.C. Standard 9-6 of this code. 3. All references to NFPA 409, Standard on Aircraft Hangars, shall be taken to mean U.B.C. Standard 9.4 of this code. 4. All references to NFPA 70, National Electrical Code, shall be taken to mean the Electrical Code, as adopted by this jurisdiction. 5. All references to NFPA 13D, Standard for the Installation of Sprinkler Systems in One- and Two -Family Dwellings and Manufactured Homes, shall be taken to mean U.B.C. Standard 9-7 of this code. 6. All references to NFPA 13-R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height, shall be taken to mean U.B.C. Standard 9-3 of this code. 7. All references to NFPA 14, Standard for the Installation of Standpipe and Hose Systems, shall be taken to mean U.B.C. Standard 9-2. 3.12 ALLEN LAND DEVELOPMENT CODE S. Sec. 1-1 is amended by changing the note to read as follows: Consult other recognized and accepted standards for additional requirements relating to water • supplies. 9. Sec. 1-4 is amended by changing the definition of "approved" and "listed" as follows: The definitions of "approved and "listed" shall be as set forth in Volume I of this code. 10. Sec. 1-4.1 is amended by deleting the definitions of the terms "limited combustible material," "noncombustible material," "should" and "standard,' by deleting the note following the definition of "sprinkler system;" and by adding a definition for "thermal barrier" to read as follows: Thermal Barrier is a material that will limit the average temperature rise of the unexposed surface to not more than 250° F. (121° C.) After 15 minutes of fire exposure complying with nationally recognized standards. 11. Sec. 1-4.7 is amended to read as follows: 1.4.7 For the purpose of determining the level of protection to be provided by required sprinkler system installations, Table 1.4.7 shall be used. For hazard classifications other than those indicated, see appropriate nationally recognized standards for design criteria. When fire sprinkler systems are required in buildings of undetermined use, they shall be designed and installed to have a sprinkler density of not less than that required for an Ordinary Hazard Group 2 use with a minimum design area of 3,000 square feet (279 m'). Use is considered undetermined if not specified at time permit is issued. • Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the occupant to upgrade the system to the required density for the new occupancy. Other Uniform Codes or standards contain sprinkler system design criteria for Fire control or suppression of specific hazards. 40 3.13 ALLEN LAND DEVELOPMENT CODE Table 1.4.7 — Hazard Classification Occupancy of Building or Portion Thereof Hazard Classification Group A Occupancies used as meeting rooms, library reading rooms, restaurant Light seating areas, clubs, theaters, museums, health clubs, educational classrooms and churches. Group B Occupancies used as offices, data processing areas, colleges and universities. Group E Occupancies other than shops and laboratories. Group I Occupancy living and sleeping areas. Group R, Division 1 Occupancies.' Typically these uses are such that the quantity and combustibility of contents is such that relatively low -rate -of -heat -release fires would be expected. Groups B, F and S Occupancies used for light manufacturing, commercial kitchens, Ordinary laundries, automobile parking garages, bakeries, canneries, electronic plants, beverage manufacturing and glass products manufacturing plants not producing Group 1 dust or fibers. Typically these uses are such that the quantity of combustibles is relatively low, the combustibility of contents is moderate, storage does not exceed 8 feet (2438 mm) in height, and moderate -rate -of -heat -release fires would be expected. Groups B, F, M and S Occupancies used for chemical plant laboratories, Ordinary mercantile, machine shops, printing, plants, library stack areas, metal working, wood product assembly, textile manufacturing, confectionery products, cold storage Group 2 warehouses' cereal mills, service stations and repair garages. Typically these uses are such that the quantity of combustibles is moderate. The combustibility of contents is moderate, storage does not exceed 12 feet (3658 mm) in height and moderate -rate -of -heat -release fires would be expected. Also: Group A Occupancies such as exhibition halls. Group B, F and S Occupancies used as to tobacco products manufacturing, paper and pulp mills, piers and wharfs, and warehousing of higher combustible contents (including packaging). Group H Occupancies used as fee mills, tire manufacturing, chemical plants, repair garages and woodworking. Group H, Division 6 Occupancies (except extra -hazard areas). Typically these uses are such that high -rate -of -heat -release fires would be expected and the spread of fire would be rapid. Group H Occupancies used for printing [using inks with flash points below 100° F. Extra Hazard (38° C)), combustible hydraulic fluid -use areas such as die casting and metal Group 1 extruding, upholstering with plastic foam, rubber reclaiming, compounding, drying, milling, vulcanizing, plywood and particle board manufacturing, saw mills, textile picking, opening, blending, garnetting, carding and combining of cotton, synthetics, wool shoddy or burlap. Typically these uses are such that a significant fire hazard exists. Group H Occupancies used as asphalt saturating, flammable liquids spraying, flow Extra Hazard coating, open all quenching, varnish and paint dipping, solvent cleaning, and Group 2' manufactured home or modular building manufacturing (where the finished building enclosure is present and has combustible interiors). These uses are such that a severe fire hazard exists. ' See also Section 5-3.2 ] For high -piled storage, see Article 81 of the Fire Code. ' For additional or more stringent criteria, see Article 79 or 80 of the Fire Code. 3.14 Ij j ALLEN LAND DEVELOPMENT CODE 12. Sec. 2-1.1 is revised to read as follows., 2-1.1 All materials and devices shall be listed and approved. 13. Sec. 2-3.5 is revised to read as follows: 2-3.5 Other types of pipe or tube, such as plastic, may be used if it is investigated and found to be listed for this service. 14. Sec. 2-8.1 is revised to read as follows: 2-8.1 The Fire Department connection(s) shall be internal swivel fittings having national standard hose thread or as approved by the chief. 15. Sec. 2-9.1 is revised by changing the last line as follows: "on the premises within two minutes after such now begins." 16. Sec. 2-9.5.1 is revised to read as follows: Electrically operated alarm attachments forming part of an auxiliary, proprietary, remote station or local signaling system shall be installed in accordance with Fire Code Standard No. 14-1. 17. Sec. 3-9.1 is revised by deleting the last sentence. 18. Sec. 4-2 is revised by changing the last item to read as follows., Storage - High -piled storage (as defined in the Fire Code) — 40,000 square feet (3716 m2). (Exception to remain unchanged.) 19. Sec. 4-6.4.1.2 is revised by changing Exception 3 to read as follows: Exception No. 3: Where sprinklers are installed under composite wood joists less than 16 inches (406 mm) in depth, sprinkler deflectors shall be a minimum of 1 inch (25 mm) and a maximum of 6 inches (152 mm) below the bottom of the composite wood joist and the joist channels shall be fire slopped the full depth of the joist with a material equivalent to the web construction so that individual channel areas do not exceed 300 square feet (27.9 m'). Where the depth of the composite wood joist is 16 inches (406 mm) or greater, protection shall be provided by using one or more of the following methods: (a) Provide a sprinkler in each joist channel. The distance between sprinklers within the joist channel shall not exceed 15 feet (4572 mm). (b) Protect the composite wood joist with 5/8 -inch (16 mm) Type X gypsum wallboard attached directly to the bottom of the composite wood joist. Joist channels shall be fire - stopped the full depth of the joist with a material equivalent to the web construction so that the volume of individual channels do not exceed 160 cubic feet (4.53 m'). (c) Completely fill the channel with noncombustible insulation. The insulation shall be secured to prevent the insulation from falling. Joist channels shall be fire -stopped the full depth of the joist with a material equivalent to the web construction so that the volume of individual channels does not exceed 160 cubic feet (4.53 m'). 20. Sec. 4-14.2.1.2 is revised to read as follows. When sprinkler piping is installed in storage racks as defined in Fire Code Standard 81-2, piping shall be substantially supported from the storage rack structure or building in accordance with all applicable provisions of Sections 4-14.2 and 4-14.4.3. . 21. Sec. 4-15.1.1.1 is revised to read as follows: 3.15 ALLEN LAND DEVELOPMENT CODE Local water -flow alarms shall be provided on each sprinkler system having more than five sprinklers and shall be located in an area approved by the Chief. 22. Sec 5-2.3.1.1 is revised by substituting 'nationally recognized" for "NFPA"in the first line of Exception 1. 23. Sec. 5-3.4.1 is revised by substituting 'nationally recognized" for "NFPA"in the second line of the text. 24. Sec. 6-1.1.1(1) is revised to read as follows: 6-1.1.1(1) Manufacturing data sheets for sprinkler head which contain at least the following information: -Make -Type -K-factor -Nominal office size -Temperature rating -Minimum operating pressures and discharge rates for proposed area of coverage. 25. Sec. 8-4.1 is revised to read as follows., 8-4.1 The installer of the system shall provide the owner with written instructions and information relating to the care and maintenance of the sprinkler system, with special attention given to the sprinkler system devices. Subsections (a) and (b) are deleted. 26. Chapter 9 is deleted. 27. Sec. 10-1.1 is revised to read as follows: 10-1.1 A sprinkler system installed under this standard shall be maintained in accordance with Article 10 of the Fire Code. 28. Chapter 11 is deleted. U.B.C. Standard No. 9-2 is changed to read as follows: UNIFORM BUILDING CODE STANDARD 9-2 STANDPIPE SYSTEMS See Sections 902, 904.1.2 and 904.5.1, Uniform Building Code This standard, with certain exceptions, is based on the National Fire Protection Association Standard for the Installation of Standpipe and Hose Systems, NFPA 14-1996. Part I of this standard contains exceptions to NFPA 14-1996. Unless specifically adopted elsewhere, supplemental standards referenced in this primary standard shall only be considered to be guidance material subject to the approval of the authority having jurisdiction. "Delete all of Part I and Part 11 and replace with a new Part I to read as follows: Parti SECTION 9.201 -- AMENDMENTS 1. Any standard referenced in this document that has not specifically been adopted may be replaced with other nationally recognized standards, or with adopted provisions from Volume I of this code or from the Fire Code, by the authority having jurisdiction. 3.16 .W ALLEN LAND DEVELOPMENT CODE 2. All references to NFPA 13, Standard for the Installation of Sprinkler Systems, shall betaken • to mean U.B.C. Standard 9-1 of this code. 3. All references to NFPA 24, Standard for the Installation of Private Fire Service Mains and Their Appurtenances, shall be taken to mean U.B.C. Standard 9-6 of this code. 4. Sec. 3-2.4 is revised to read as follows: 3-2.4 Manual - Dry. A manual -dry standpipe system shall be a dry standpipe system that does not have a permanent water supply attached to the system. Manual -dry systems need water from a Fire Department pumper (or the like) to be pumped into the system through the Fire Department connection in order to supply the system demand. Manual -Dry standpipe systems may not be installed except in areas subject to freezing and with the approval of the authority having jurisdiction. 5. Sec. 3-3.1 is revised to read as follows: 3-3.1 Class I Systems. A Class I standpipe system shall provide 2-112 in. (63.5 -mm) hose connections to supply water for use by Fire Departments and those trained in handling heavy fire streams. All Class I standpipes systems shall be: 1. Water filled at all times; or, 2. Supervised with a minimum of 10 psig and a maximum of 40 psig air pressure with a high/low alarm. 6. Sec. 5-3.2(f) is revised to read as follows: . (f) Where the most remote portion of a nonsprinklered floor or story is located in excess of 150 ft (45.7 m) of travel distance from a required exit or closest point of approved Fire Department access, or the most remote portion of a sprinkled floor or story is located in excess of 200 ft (62 m) of travel distance from a required exit, or closest point of approved Fire Department access, additional hose connections shall be provided, in approved locations, where required by the local Fire Department. 7. Sec. 5-7(a) is revised by adding a second exception to read as follows: Exception No. 2: Standpipe systems that are a portion of an approved sprinkler system may utilize a Fire Department pumper in operation at the Fire Department connection to meet the 100 psi hydraulic calculation requirements, subject to the approval of the Authority having jurisdiction. 8. Sec. 5-9.1.1 is revised by adding a second exception to read as follows: Exception No. 2: In all fully sprinkled buildings, except high rises, the flow rate requirement of 500 GPM for the most remote standpipe, and 250 GPM for additional standpipes may be calculated utilizing a Fire Department pumper in operation at the systems Fire Department connection, subject to the approval of the Authority having jurisdiction. 9. Chapter 10 is deleted. U.B.C. Standard No. 9-3 is changed to read as follows: UNIFORM BUILDING CODE STANDARD 9-3 INSTALLATION OF SPRINKLER SYSTEMS IN • GROUP R OCCUPANCIES FOUR STORIES OR LESS See Sections 804.1, 805, 902, 904.1.2, 2603.7.1 and 2603.8.1, Uniform Building Code 9XV4 ALLEN LAND DEVELOPMENT CODE Delete all of Part I and Part II and replace with a new Part I to read as follows: Part l SECTION 9.301 — ADOPTION OF NFPA STANDARD Except for the limitations, deletions, modifications and amendments set forth in Section 9.302 of this standard, the installation of sprinkler systems in Group R Occupancies required by this code shall be in accordance with the Standard for the Installation of Sprinkler Systems in Residential Occupancies, NFPA 13R-1996, or U.B.C. Standard 9-1. SECTION 9.302 -- AMENDMENTS The National Fire Protection Association standard adopted by Section 9.301 applies to the selection, installation, acceptance inspection and acceptance testing of sprinkler systems in residential occupancies four stories or less, except as follows: 1. Any standard referenced in this document that has not specifically been adopted may be replaced with other nationally recognized standards, or with adopted provisions from Volume I of this code or from the Fire Code, by the authority having jurisdiction. 2. All references to NFPA 13, Standard for the Installation of Sprinkler System, shall be taken to mean U.B.C. Standard 9-1 of this code. 3. Sec. 1-3 is amended as follows: The definitions of "approved" and "listed" shall be as set forth in Volume 1 of this code. The definitions of "should" and "standard" are deleted. The definition of "residential occupancies" is revised as follows: ` RESIDENTIAL OCCUPANCIES are Group R Occupancies. J 4. Sec. 2-3.2 is revised by changing the reference to "NFPA 20 and 22" to "nationally recognized standards". 5. Secs. 2-7.1 and 2-7.2 are added as follows: 2-7.1 A sprinkler system installed under this standard shall be maintained in accordance with the Fire Code. 2-7.2 The installer of the system shall provide the owner with written instructions and information relating to the care and maintenance of the sprinkler system, with special attention given to the sprinkler system devices. 6. Chapter 3 is deleted. U.B.C. Standard No. 9-4 added to read as follows: UNIFORM BUILDING CODE STANDARD 9-4 STANDARD ON AIRCRAFT HANGARS See Section 902.1.3, 904.1.2, 904.2.6.4 and 904.2.10.2 Uniform Building Code SECTION 9.401 — ADOPTION OF NFPA STANDARD Except for the limitations, deletions, modifications and amendments set forth in Section 9.402 of this standard, the installation of fire -extinguishing systems in aircraft hangars of Group H, y Division 5 and Group S, Division 5 Occupancies required by this code shall be in accordance J with the Standard on Aircraft Hangars, NFPA 409-1995. 3.18 ALLEN LAND DEVELOPMENT CODE SECTION 9.402 — AMENDMENTS The National Fire Protection Association standard adopted by Section 9.401 applies to the selection, installation, acceptance inspection and acceptance testing of fire -extinguishing systems in aircraft hangars of Group H, Division 5 and Group S, Division 5 Occupancies, except as follows: 1. Any standard referenced in this document that has not specifically been adopted may be replaced with other nationally recognized standards, or with adopted provisions from Volume I of this code or from the Fire Code, by the authority having jurisdiction. 2. All references to NFPA 13, Standard for the Installation of Sprinkler System, shall be taken to mean U.B.C. Standard 9-1 of this code. 3. All references to NFPA 70, National Electrical Code, shall be taken to mean the Electrical Code, as adopted by this jurisdiction. 4. Sec. 1-3 is amended as follows: The definition of"Fire Wall" is revised as follows: Fire Wall. A wall separating buildings or subdividing a building to prevent the spread of fire and having a fire resistance rating as required for an area separation wall as listed in Volume I of this code and structural stability. The definition of "Hangar Building Cluster" is revised as follows: Hangar Building Cluster. A group of buildings with more than one area for the storage and servicing of aircraft and all attached or contiguous structures, or structures not separated as specified in Volume I of this code, as appropriate. • The definition of "Single Hangar Building" is revised as follows: Single Hangar Building. A building with one area for the storage and servicing of aircraft and any attached, adjoining, or contiguous structure, such as a lean-to, shop area, or parts storage area not separated as specified in Volume I of this code, as appropriate. 5. Sec. 2-1.1 is amended as follows: 2-1.1' Group I and 11 hangars shall be assigned a construction type, and constructed, in accordance with the provisions of Volume I of this code. However, for the purpose of using this standard, Group I hangars shall be either Type I or Type 11 construction in accordance with NFPA 220, Standard on Types of Building Construction. For the purpose of using this standard, Group II hangars shall be constructed of any of the types of construction specified in NFPA 220, Standard on Types of Building Construction, or any combination thereof. 6. Sec. 2-1.2 is amended as follows: 2-1.2' Mezzanines, tool rooms, and other enclosures within aircraft storage and servicing areas shall be constructed of material as specked in Volume I of this code. 7. Sec. 2-2.1 is amended as follows: 2-2.1" Where aircraft storage and servicing areas are subdivided into separate fire areas, the separation shall be by an area separation wall with opening protection as defined in Volume I of this code. 8. Sec. 2-2.3 is amended as follows: . 2-2.3" Partitions and ceilings separating aircraft storage and servicing areas from all other areas, shops, offices, and parts storage areas shall be fire -rated when and as required in Volume I of this code. IiRiR] ALLEN LAND DEVELOPMENT CODE 9. Sec. 2-2.4 is amended as follows: has adjoining, or continuous 2-2.4 Where a storage and servicing area an attached, structure, such as a lean-to, shop, office, or parts storage area, the wall common to both areas shall be fire -rated when and as required in Volume I of this code. 10. Sec. 2-3.1 is amended as follows: 2-3.1 Precautions shall be taken to ensure ready access to hangars from all sides. Adequate separation and fire -rating of exterior walls, as required by Volume I of this code for buildings on the same property, shall be provided to reduce fire exposure between buildings. The clear yards between buildings shall not be used for the storage or parking of aircraft or concentrations of combustible materials, nor shall buildings of any type be erected therein. 11. Sec. 2-3.2 is deleted. 12. Table 2-3.2 is deleted. 13. Sec. 2-3.2.1 is deleted. 14. Sec. 2-3.2.2 is deleted. 15. Sec. 2-3.2.3 is deleted. 16. Sec. 2-3.3 is deleted. 17. Table 2-3.3 is deleted. 18. Sec. 2-3.3.1 is deleted. 19. Sec. 2-3.3.2 is deleted. 20. Sec. 2-4.3 is amended as follows: 2-4.3 Floor openings in multistoried sections of hangars shall be enclosed with partitions or protected with construction when and as required by Volume I of this code. 21. Sec. 2-5.1 is amended as follows: 2-5.1 Roof coverings shall be of an approved material and design as required by Volume I of this code. 22. Sec. 2-5.2 is deleted. 23. Sec. 2-5.3 is deleted. 24. Sec. 2-5.4 is deleted. 25. Sec. 2-6.1 is amended as follows: 2-6.1 In aircraft storage and servicing areas of hangars, column protection shall be required when and as required by Volume I of this code. 26. Sec. 2-6.2 is deleted. 27. Sec. 2-10.1 is amended as follows: 2-10.1 Exposed interior insulation attached to walls and roofs in an aircraft storage and servicing area of a hangar shall be as specified in Volume I of this code. 28. Sec. 2-10.2 is deleted. 29. Sec. 2-12.1 is amended as follows: 2-12.1` Heating, ventilating, and air conditioning equipment shall be installed, as applicable, J in accordance with the Mechanical Code and Volume I of this code. 3.20 ALLEN LAND DEVELOPMENT CODE 30. Sec. 2-12.3 is amended as follows: 10 2-12.3 In aircraft storage and servicing areas of hangars, hangar heating plants that are fired with gas, liquid, or solid fuels not covered under 2-12.5 of this section and that are not located in a detached building shall be located in a room constructed as required in the Mechanical Code and Volume I of this code. This separated room shall not be used for any other hazardous purpose of combustible storage 31. Sec. 2-12.6 is amended as follows: 2-12.6 Where a mechanical ventilating system is employed in hangars or shops, the ventilating system shall be installed in accordance with the Mechanical Code. 32. Sec. 2-12.7 is amended as follows: 2-12.7 Where blower and exhaust systems are installed for vapor removal, the systems shall be installed in accordance with the Mechanical Code. 33. Sec. 2-13.3 is amended as follows: 2-13.3 In aircraft storage and servicing areas of hangars, main distribution panels, metering equipment, and similar electrical equipment shall be located in a room separated from the aircraft storage and servicing areas when and as required by the Electrical Code and Volume I of this code. 34. Sec. 2-16.1 is amended as follows: 2-16.1 Means of egress from the aircraft hangar shall comply with the provisions of Volume 1 of this code. • 35. Sec. 2-17 is amended as follows: 2-17` Materials for Draft Curtains. Where provided, draft curtains shall be constructed as required in Volume I of this code. 36. Sec. 5-1.1 is amended as follows: 5-1.1' Group III hangars shall be assigned a construction type, and constructed, in accordance with the provisions of Volume I of this code. However, for the purpose of using this standard, Group III hangars shall be constructed of any of the types of construction specified in NFPA 220, Standard on Types of Building Construction. 37. Sec. 5-1.6 is amended as follows: 5-1.6 Roof coverings shall be as required in Volume I of this code. 38. Sec. 5-1.7 is amended as follows: 5-1.7 Exposed interior insulation attached to walls and roofs in aircraft storage and servicing areas shall be as specified in Volume I of this code. 39. Sec. 5-2.1 is deleted. 40. Table 5-2.1 is deleted. 41. Sec. 5-2.2 Is deleted. 42. Sec. 5-2.3 is amended as follows: 5-2.3 Partitions and ceilings separating aircraft storage and servicing areas from other . areas, such as shops, offices, and parts storage areas, shall be fire -rated when, and installed as, required by Volume I of this code. 43. Sec. 5-3.3 is deleted. 3.21 ALLEN LAND DEVELOPMENT CODE 44. Table 5-3.3 is deleted. 45. Sec. 54.1 is amended as follows: 54.1 Heating, ventilation, and air conditioning equipment shall be installed, as applicable, in accordance with the Mechanical Code and Volume I of this code 46. Sec. 54.3 is amended as follows: 54.3 Hangar healing plants that are fired with gas, liquid, or solid fuels not covered under 5-4.5 of this section, and that are not located in a detached building, shall be located in a room constructed as required by the Mechanical Code and Volume I of this code. This separated room shall not be used for any other hazardous purpose or combustible storage. 47. Sec. 5-4.6 is amended as follows: 54.6 Where a mechanical ventilating system is employed in hangars or shops, the ventilating system shall be installed in accordance with the Mechanical Code, and in accordance with the applicable provisions of Section 5-4 of this chapter. 48. Sec. 54.7 is amended as follows: 54.7 Where blower and exhaust systems are installed for vapor removal, the systems shall be installed in accordance with the Mechanical Code. 49. Sec. 5-8.1 is amended as follows: 5-8.1 Means of egress from the aircraft hangar shall comply with the provisions of Volume I of this code 50. Chapter 7 is deleted. U.B.C. Standard 9-5 added to read as follows: UNIFORM BUILDING CODE STANDARD 9-5 INSTALLATION OF HALON 1301 FIRE EXTINGUISHING SYSTEMS See Section 902.1.4, Uniform Building Code SECTION 9.501 - ADOPTION OF NFPA STANDARD Except for the limitations, deletions, modifications or amendments set forth in Section 9.502 of this standard, the installation of Halon 1301 Fire Extinguishing Systems required by this code shall be in accordance with the "Standard on Halon 1301 Fire Extinguishing Systems, NFPA 12A- 1992. SECTION 9.502 - AMENDMENTS The National Fire Protection Association standard adopted by Section 9.501 applies to the selection, installation, acceptance inspection and acceptance testing of Halon 1301 Fire Extinguishing Systems, except as follows: 1. Any standard referenced in this document that has not specifically been adopted may be replaced with other nationally recognized standards, or with adopted provisions from Volume I of this code or from the Fire Code, by the authority having jurisdiction. 2. All references to NFPA 70, National Electrical Code, shall be taken to mean the Electrical Code, as adopted by this jurisdiction. 3.22 J ALLEN LAND DEVELOPMENT CODE . Chapter 5 is deleted. U.B.C. Standard No. 9-6; added to read as follows: UNIFORM BUILDING CODE STANDARD 9-6 INSTALLATION OF PRIVATE FIRE SERVICE MAINS AND THEIR APPURTENANCES See Section 902.1.5, Uniform Building Code SECTION 9.601 - ADOPTION OF NFPA STANDARD Except for the limitations, deletions, modifications or amendments set forth in Section 9.602 of this standard, the installation of private fire service mains and their appurtenances required by this code shall be in accordance with the "Standard for the Installation of Private Fire Service Mains and Their Appurtenances, NFPA 24-1995. SECTION 9.602 - AMENDMENTS The National Fire Protection Association standard adopted by Section 9.601 applies to the selection, installation, inspection, maintenance and testing of private fire service mains and their appurtenances, except as follows: 1. Any standard referenced in this document that has not specifically been adopted may be replaced with other nationally recognized standards, or with adopted provisions from Volume I of this code or from the Fire Code, by the authority having jurisdiction. 2. All references to NFPA 13, Standard for the Installation of Sprinkler System, shall be taken to mean U.B.C. Standard 9-1 of this code. . 3. Sec. 1-1.1 is added as follows: 1-1.1 Other codes. When connecting to a potable water supply, other codes and provisions, such as those for the prevention of backflow, may also apply. When the fire service main is also used for potable water supply, other codes and provisions, which may include additional permits, installation requirements and separate inspections from other city departments, may also apply. 4. Chapter 10 is deleted. U.B.C. Standard No. 9-7,• added to read as follows: UNIFORM BUILDING CODE STANDARD 9-7 SPRINKLER SYSTEMS IN ONE- AND TWO-FAMILY DWELLINGS AND MANUFACTURED HOMES See Section 902.1.6, Uniform Building Code SECTION 9.701 - ADOPTION OF NFPA STANDARD Except for the limitations, deletions, modifications or amendments set forth in Section 9.702 of this standard, the installation of sprinkler systems in one- and two-family dwellings and manufactured homes required by this code shall be in accordance with the "Standard for the Installation of Sprinkler Systems in One- and Two -Family Dwellings and Manufactured Homes, NFPA 13D-1996. SECTION 9.702 - AMENDMENTS The National Fire Protection Association standard adopted by Section 9.701 applies to the selection, installation, inspection, maintenance and testing of sprinkler systems in one- and two- family dwellings and manufactured homes, except as follows: kFR1 ALLEN LAND DEVELOPMENT CODE 1. Any standard referenced in this document that has not specifically been adopted may be replaced with other nationally recognized standards, or with adopted provisions from Volume I of this code or from the Fire Code, by the authority having jurisdiction. 2. All references to NFPA 13, Standard for the Installation of Sprinkler System, shall be taken to mean U.B.C. Standard 9-1 of this code. 3. All references to NFPA 13-R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height, shall be taken to mean U.B.C. Standard 9-3 of this code. ' 4. Chapter 6 is deleted. The International Mechanical Code shall be amended as follows: Section 201.3; changed to read as follows: 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the building, electrical, fire prevention or Plumbing Codes, such terms shall have meanings ascribed to them as in those codes. Section 202; the definitions of "Code Official" and "Hazardous Location" are changed and new definitions are added to read as follows: BUILDING CODE shall mean the Building Code as adopted by this jurisdiction. CODE OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. For the purpose of this code, the Code Official shall be the Chief Building Official. ELECTRICAL CODE shall mean the National Electrical Code as adopted by this jurisdiction. For the purpose of this code, all references to NFPA 70 shall be assumed to mean the electrical code as defined herein. FIRE PREVENTION CODE (FIRE CODE) shall mean the Fire Code as adopted by this jurisdiction. HAZARDOUS LOCATION. As used in this code, any location considered to be a fire hazard for flammable vapors, dust, combustible fibers or other highly combustible substances. The location is not necessarily categorized in the Building Code as a high - hazard use group classification. MECHANICAL CODE shall mean this code as adopted by this jurisdiction. PLUMBING CODE shall mean the Plumbing Code as adopted by this jurisdiction. Section 301.1; changed to read as follows: 301.1 Scope. This chapter shall govern the approval and installation of all equipment and appliances that comprise parts of the building mechanical systems regulated by this code. Section 301.6; changed to read as follows: 301.6 Conflicts. Where conflicts between this code and the conditions of listing or the manufacturer's installation instructions occur, the provisions of this code shall apply unless in the opinion of the Code Official the conditions of listing or the manufacturer's installation instructions when taken as a whole provide a higher level of protection. Sections 302.2, 302.3, 302.3.1 and 302.3.1.1; delete and replace with the following: 302.2 Cutting, notching and boring holes. All cutting, notching and boring of wood framing members shall be in accordance with the Building Code. 3.24 ALLEN LAND DEVELOPMENT CODE Section 304.7; changed to read as follows: • 304.7 Clearances from grade. Equipment installed at grade level shall be supported on a level concrete slab or other approved material extending above adjoining grade a minimum of 3 inches (76 mm) or it shall be suspended a minimum of 6 inches (152 mm) above adjoining grade. Section 306.3.1; changed to read as follows: 306.3.1 Electrical requirements: A lighting fixture controlled by a switch located at the required passageway opening and a receptacle outlet shall be provided at or near the equipment location in accordance with NFPA 70. Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent physical damage. Section 306.4.1; changed to read as follows: 306.4.1 Electrical requirements: A lighting fixture controlled by a switch located at the required passageway opening and a receptacle outlet shall be provided at or near the equipment location in accordance with NFPA 70. Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent physical damage. Section 306.5; changed to read as follows: 306.5 Equipment on roofs or elevated structures. Where equipment and appliances requiring access are installed on roofs or elevated structures at a height exceeding 16 feet (4877 mm), such access shall be provided by a permanent approved means of access. Permanent exterior ladders providing roof access need not extend closer than 8 feet (2438 mm) to the finish grade or floor level below and shall extend to the equipment's level service • space. Such access shall ... fbulk of section to read the same)... on roofs having a slope greater than 4 units vertical in 12 units horizontal (33 -percent slope). A receptacle outlet shall be provided at or near the equipment location in accordance with the Electrical Code. Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent physical damage. Section 306.6; add a second paragraph to read as follows: A receptacle outlet shall be provided at or near the equipment location in accordance with the Electrical Code. Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent physical damage. Section 306.6.1 added to read as follows: 306.6.1 Catwalk. On roofs having slopes greater than 4 in 12, a catwalk at least 16 inches in width with substantial cleats spaced not more than 16 inches apart shall be provided from the roof access to the working platform at the appliance. WV ALLEN LAND DEVELOPMENT CODE Section 307.2.2; add a second paragraph to read as follows: Condensate waste pipes from air-cooling coils shall be sized in accordance with equipment Ij capacity as follows: Equipment Capacity In tons of refrigeration Condensate Pipe Minimum Inside Diameter Up to 20 tons 3/4 Inch Over 20 to 40 tons 1 inch over 40 to 90 tons 11/4 Inch Over 90 to 125 tons 1 %inch Over 125 to 250 tons 2 Inch The size of condensate waste pipes may be for one unit or a combination of units, or as recommended by the manufacturer. The capacity of waste pipes assumes a 1/8 -inch -per - foot slope, with the pipe running three-quarters full. Any section or table not reprinted herein, shall be assumed to be deleted. Chapter 4 is changed to only read as follows: CHAPTER VENTILATION SECTION 401 - GENERAL 401.1 Scope. This chapter shall govern the ventilation of spaces within a building intended to be occupied. This chapter does not govern the requirements for smoke control systems. Should any conflict occur between this chapter and the Building Code, the Building Code shall take precedence. 401.2 Ventilation required. Every occupied space shall be ventilated by natural means or by mechanical means in accordance with the Building Code. 401.3 When required. Ventilation shall be provided during the periods that the room or space is occupied. 401.4 Vestibule ventilation. Vestibule ventilation for smokeproof enclosures shall be in accordance with the Building Code. 401.7 Opening location. Outside air exhaust and intake openings shall be located a minimum of 10 feet (3048 mm) from lot lines or buildings on the same lot. Where openings front on a street or public way, the distance shall be measured to the centerline of the street or public way. Exception: Use Group R-3. 401.7.1 Intake openings. Mechanical and gravity outside air intake openings shall be located a minimum of 10 feet (3048 mm) from any hazardous or noxious containment, such as vents, chimneys, plumbing vents, streets, alleys, parking lots and loading docks, except as otherwise specified in this code. Where a source of contaminant is located within 10 feet (3048 mm) of an intake opening, such opening shall be located a minimum of 3 feet (915 mm) below the contaminant source. KN{7 ALLEN LAND DEVELOPMENT CODE •401.7.2 Exhaust openings. Outside exhaust openings shall be located so as not to create a nuisance. Exhaust air shall not be directed onto walkways. For Type I and II hood exhaust outlets, see Sections 506.17 and 506.16. 401.8 Outside opening protection. Air exhaust and intake openings that terminate outdoors shall be protected with corrosion -resistant screens, louvers or grilles having a minimum opening size of 1/4 inch (6.4 mm) and a maximum opening size of %, inch (12.7 mm), in any dimension. Openings shall be protected against local weather conditions. Outdoor air exhaust and intake openings located in exterior walls shall meet the provisions for exterior wall opening protectives in accordance with the Building Code. 401.9 Contaminant sources. Stationary local sources producing air-bome particulates, heat, odors, fumes, spray, vapors, smoke or gases in such quantities as to be irritating or injurious to health shall be provided with an exhaust system in accordance with Chapter 5 or a means of collection and removal of the contaminants. Exhaust required by this section shall discharge directly to an approved location at the exterior of the building. SECTION 403 - MECHANICAL VENTILATION 403.1 Ventilation system. Mechanical ventilation shall be provided by a method of supply air and return or exhaust air. The amount of supply air shall be approximately equal to the amount of return and exhaust air. The system shall not be prohibited from producing a negative or positive pressure. The system to convey the ventilation air shall be designed and installed in accordance with Chapter 6. Ventilation supply systems shall be designed to deliver the required rate of supply air to the zone within the occupied space between 3 inches (76 mm) and 72 inches (1829 mm) above . the floor and more than 2 feet (610 mm) from the enclosing walls. 403.2.1 Recirculation of air. The amount of outside air required by the Building Code shall not be recirculated. Air in excess of the outside air required by the Building Code shall not be prohibited from being recirculated as a component of supply air to building spaces, except that: Ventilation air shall not be recirculated from one dwelling to another or to dissimilar occupancies. Supply air to a swimming pool and associated deck areas shall not be recirculated unless such air is dehumidified to maintain the relative humidity of the area at 60 percent or less and such recirculation is in accordance with Section 401.9. Air from this area shall not be recirculated to other spaces. Section 501; add a second paragraph to read as follows: Where differences occur between the provisions of this chapter and the building or fire codes, the provisions of the building or fire codes shall apply. Section 502.4; changed to read as follows: 502.4 Spray -painting and dipping rooms. Rooms or booths utilized for spray painting or dipping shall have a mechanical exhaust system that complies with the Fire Prevention Code and Building Code. The exhaust system shall have automatic controls to ensure its operation while spray painting or dipping is being conducted. Section 502.7; changed to read as follows: 502.5 LP -gas distribution facilities. LP -gas distribution facilities shall be ventilated in accordance with the applicable provisions of the Fire Code, Building Code and this code. 3.27 ALLEN LAND DEVELOPMENT CODE Section 502.10; changed to read as follows: 502.10 Public garages. Mechanical exhaust systems for public garages shall operate in accordance with the Building Code. Section 502.12; changed to read as follows: 502.12 Tire rebuilding or recapping. Each room where rubber cement is used or mixed, or where flammable or combustible solvents are applied, shall be ventilated in accordance with the applicable provisions of the Fire Code, Building Code and this code. Section 502.13; changed to read as follows: 502.13 Specific rooms. Specific rooms, including bathrooms, locker rooms, smoking lounges and toilet rooms, shall be exhausted in accordance with the ventilation requirements of the Building Code and this code. Section 504.6; changed to read as follows: 504.6 Domestic clothes dryer ducts. Ducts shall have a smooth interior finish with joints running in the direction of the airflow. The maximum length shall not exceed 25 feet (7620 mm) from the dryer location to the outlet terminal with not more than two bends. When extra bends are installed, the maximum length of the duct shall be reduced 2 % feet (762 mm) for each 45 -degree (0.79 rad) bend and 5 feet (1524 mm) for each 90 -degree (1.6 red) bend that occur after the first two, measuring in the direction of airflow. The exhaust duct shall be a minimum nominal size of 4 inches (102 mm) in diameter. The size of duct shall not be reduced along its developed length nor at the point of termination. The entire exhaust system shall be supported and secured in place. Flexible duct connectors used in connection with domestic dryer exhausts shall be not more than 6 feet y (1829 mm) in length and an approved type. Flexible duct connectors shall not be concealed J within construction. Section 505.1; add an exception to read as follows: Exception: Ducts for domestic kitchen downdraft grill -range ventilation installed under a concrete slab floor may be of approved Scheduled 40 PVC provided: 1. The under -floor trench in which the duct is installed shall be completely backfilled with sand or gravel. 2. Not more than 1 inch (25.4 mm) of 6 inch diameter (152 mm) PVC coupling may protrude above the concrete floor surface. 3. PVC pipe joints shall be solvent cemented to provided an air- and grease -fight duct. 4. The duct shall terminate above grade outside the building and shall be equipped with a backdraft damper. Section 506.12; changed to read as follows: 506.12 Duct enclosure. A grease duct serving a Type I hood that penetrates a ceiling, wall or floor shall be enclosed ...(bulk of paragraph unchanged)... through the use of weather - protected openings. The enclosure shall be separated from the duct by a minimum of 3 inches (76 mm) and a maximum of 12 inches (305 mm) and shall serve a single grease exhaust duct system. Exception: The shaft enclosure provisions of Section 506.12 shall not be required where a duct penetration is protected with a through -penetration protection system tested in accordance with the Building Code having an "F" and "T" rating equal ...(remainder of 1.64 section to remain unchanged)... construction or product. 3.28 ALLEN LAND DEVELOPMENT CODE Section 508.1; changed to read as follows: • 508.1 Makeup air. Makeup air shall be supplied during the operation of the kitchen exhaust system. The exhaust and makeup air systems shall be connected by an electrical interlocking switch to insure that makeup air is provided whenever the exhaust system is in operation. The amount of makeup air supplied shall be approximately equal to the amount of exhaust air. The makeup air shall not reduce the effectiveness of the exhaust system. Makeup air shall be provided by gravity or mechanical means or both. Compensating hoods shall extract at least 20 percent of their required exhaust airflow from the kitchen area. Exception: This section shall not apply to dwelling units. Section 509.1; change the exception to read as follows., Exception: Steam kettles, steam tables and equipment that as used do not create grease - laden vapors are not required to be protected by an automatic fire -extinguishing system. Section 509.2; changed to read as follows: 509.2. Type of system. The automatic fire suppression system shall be of a type recognized for protection of commercial cooking ... (bulk of paragraph unchanged}... operations. The system shall be installed in accordance with this code, its listing and the manufacturer's installation instructions. Other fire suppression systems shall be of an approved design and shall be one of the following types. Carbon -dioxide extinguishing system Automatic sprinkler system. Foam -water sprinkler system or foam -water spray systems. Dry -chemical extinguishing systems. Wet -chemical extinguishing systems. Section 510.1; changed to read as follows: 510.1 General. This section shall govern the design and construction of duct systems for hazardous exhaust and shall determine ... (bulk of paragraph unchanged) ... posing a health hazard, such as toxic or corrosive materials. For the purposes of this section, the health - hazard rating of materials shall be as specified in NFPA 704 or other approved standards. Section 510.6; changed to read as follows: 510.6 Penetrations. Penetrations of structural elements by a hazardous exhaust system shall conform to Sections 510.6.1 through 510.6.4. 510.6.1 Floors. Hazardous exhaust systems that penetrate a floor/ceiling assembly shall be enclosed in a fire -resistance -rated shaft constructed in accordance with the Building Code. 510.6.2 Wall assemblies. Hazardous exhaust duct systems that penetrate fire -resistance - rated wall assemblies shall be enclosed in fire -resistance -rated construction from the point of penetration to the outlet terminal. Ducts shall be enclosed in accordance with the Building Code requirements for shaft construction and such enclosure shall have a minimum fire -resistance -rating of not less than the highest fire -resistance -rated wall assembly penetrated. 510.6.3 Fire walls. Ducts shall not penetrate any area separation firewall or any four-hour rated occupancy separation firewall as defined in the Building Code. OW,, ALLEN LAND DEVELOPMENT CODE 510.6.4 Fire dampers. Fire dampers are not permitted at penetrations of fire -resistance - rated assemblies. An approved automatic fire suppression system shall be installed in the duct at the point of penetration of the assembly as noted in Section 510.7. Section 510.7; changed to read as follows: 510.7 Suppression required. Ducts shall be protected with an approved automatic fire suppression system, installed in accordance with the Building Code, at the entrance point of the duct and at the penetration point of fire -rated -assemblies as noted in Section 510.6.4. Exception: An approved automatic fire suppression system shall not be required in ducts conveying materials, fumes, mists and vapors that are nonflammable and noncombustible. Section 510.8.3; changed to read as follows: 510.8.3 Explosion relief. Systems exhausting potentially explosive mixtures shall be protected with an approved explosion relief system or by an approved explosion prevention system. An explosion relief system shall be designed to minimize the structural and mechanical damage resulting from an explosion or deflagration within the exhaust system. An explosion prevention system shall be designed to prevent an explosion or deflagration from occurring. Section 601.1; delete the exception. Section 603.17; changed to read as follows: 603.17 Location. Ducts shall not be installed in or within 4 inches (101 mm) of the earth, except where such ducts comply with Section 603.12. Section 604.1; changed to read as follows: 604.1 General. Duct insulation shall conform to the requirements of Sections 604.2 through 604.11 and Table No. 604.1. Should there be any conflicts between this section and the Energy Code, when adopted, the Energy Code shall take precedent. J 3.30 ALLEN LAND DEVELOPMENT CODE Table No. 604.1 added to read as follows: 41 Table 604.1 - Insulation of Ducts DUCT LOCATION INSULATION TYPES HEATING 2 N INSULATION TYPES MECHANICALLY COOLED HEATING ONLY On roof on exterior of building C, V' and W I A and W II B end W III C and W Attics, garages and crawl spaces A and V' I A II A III 6 In walls a within floor -ceiling spaces° A and V' I A I A III B Within the conditioned space or In basements; return ducts in air plenums None required None required Cement slab or within ground None required None required O NOTE: Where ducts are used for both heating and cooling, the minimum insulation shall be as required for the most restrictive condition. 'Heating Degree Days: go Zone I below 4,500 D.D. Zone II 4,501 to 8,000 D.D. Zone III over 8,001 D.D. 'Vapor retarders shall be installed on supply ducts in spaces vented to the outside in geographic areas where the summer dew point temperature based on the 2Y. percent column of dry-bulb and mean coincident wet -bulb temperature exceeds 60 degrees F (15.4 degrees C). 3Insulation may be omitted on that portion of a duct which is located within a wall- or a floor -ceiling space where: 3' Both sides of the space are exposed to conditioned air. 33 The space is not ventilated. ',' The space is not used as a return plenum. '" The space is not exposed to unconditioned air. Ceilings which form plenums need not be insulated. 3.31 ALLEN LAND DEVELOPMENT CODE INSULATION TYPES`: A - A material with an installed conductance of 0.48 12.72 W/(m•K)] or the equivalent thermal resistance of 2.1 [0.367 (m'K)/W]. Example of materials capable of meeting the above requirements: 1 -inch (25 mm), 0.60 Ib./cu. ft. (9.6 kg/m') mineral fiber, rock, slag or glass blankets. '/:inch (13 mm), 1.5 to 3 Ib./cu. ft. (24 to 48 kg/m3) mineral fiber blanket duct liner. %inch (13 mm), 3 to 10 Ib./cu. ft. (48 to 160 kg/m3) mineral fiber board. B - A material with an installed conductance of 0.24 [1.36 W/(m'K)] or the equivalent thermal resistance of 4.2 10.735 (WK)M/]. Example of materials capable of meeting the above requirements: 2 -inch (51 mm), 0.60 Ib./cu. ft. (9.6 kg/m') mineral fiber, rock, slag or glass blankets. 1 -inch (25 mm), 1.5 to 3 Ib./cu. ft. (24 to 48 kg/m3) mineral fiber blanket duct liner. 1 -inch (25 mm), 3 to 10 Ib./cu. ft. (48 to 160 kg/m3) mineral fiber board. C - A material with an installed conductance of 0.16 [0.9 W/(m`K)] or the equivalent thermal resistance of 6.3 [1.1 (m'K)/W]. Example of materials capable of meeting the above requirements: 3 -inch (76 mm), 0.60 Ib./cu. ft. (9.6 kg/m') mineral fiber, rock, slag or glass blankets. 1 fS-inch (38 mm), 1.5 to 3 Ib./cu. ft. (24 to 48 kg/m3) mineral fiber blanket duct liner. 1'/cinch (38 mm), 3 to 10 Ib./cu. ft. (48 to 160 kg/m3) mineral fiber board. V - Vapor Retarders: Material with a perm rating not exceeding 0.5 pern [29 ng/(Pa's'm')]. All joints to be sealed. , W - Approved weatherproof barrier. 4The example of materials listed under each type is not meant to limit other available thickness and density combinations with the equivalent installed conductance or resistance based on the insulation only. Section 604.11 is deleted. Section 606.3; changed to read as follows: 606.3 Installation. Smoke detectors required by this section shall be installed in accordance with the manufacturer's installation instructions and as required by the Code Official. The required smoke detectors shall be installed to monitor the entire airflow conveyed by the system including return air and exhaust or relief air. Access shall be provided to smoke detectors for inspection and maintenance. Section 607.2; changed to read as follows: 607.2 Smoke dampers. Smoke dampers shall be installed where required by the Building Code, shall be listed and labeled, shall ... {bulk of paragraph unchanged} ... or a single - station, spot -type detector installed at the point of penetration and listed for releasing service. Smoke dampers shall also close whenever the fan serving the duct system is shut Off. Section 805.4.1; add a sentence to read as follows: The ventilating system shall be installed in a manner that will avoid penetrating any fire rated assemblies which would require a damper as required by the Building Code. 3.32 ALLEN LAND DEVELOPMENT CODE • Section 909, changed to read as follows. VENTED AND UNVENTED GAS-FIRED DECORATIVE APPLIANCES 909.1 Vented Appliances. Vented gas-fired decorative appliances shall be listed and labeled and shall be installed in accordance with the manufacturer's installation instructions. Such appliances shall be tested in accordance with ANSI 221.50 and shall be designed and equipped as specified in Section 907.2. 909.2 Unvented Appliances. Unvented gas-fired decorative appliances shall be listed and labeled and shall be installed in accordance with the manufacturer's installation instructions. Such appliances shall be equipped with an oxygen -depletion -sensitive safety shutoff system as described in Section 926.5. This appliance shall not be installed in a bedroom or bathroom. Sections 920.1 and 920.2; changed to read as follows: 920.1 General. The installation of gas -fueled and liquid -fueled stationary internal combustion engines and gas turbines, including fuel storage and piping, shall meet the requirements of this code, the Building Code and the Fire Code. 920.2 Powered equipment. Permanently installed equipment powered by internal combustion engines and turbines shall be installed in accordance with the manufacturers installation instructions and in accordance with this code, the Building Code and the Fire Code. "Sections 926.2.1 and 926.2.2; changed to read as follows: 926.2.1 Prohibited use. An unvented room heater shall not be used as the sole source of • comfort heating in a dwelling unit. Exception: Existing approved unvented heaters may continue to be used in dwelling units, in accordance with the code provisions in effect when installed, when approved by the Code Official unless an unsafe condition is determined to exist as described in Section 108.7. 926.2.2 Unvented room heaters shall not be installed in bathrooms or bedrooms. Exceptions: 1. Where approved by the Code Official, one listed wall -mounted unvented room heater equipped with an oxygen depletion safety shutoff system shall be permitted to be installed in a bathroom provided that the input rating shall not exceed 6000 Btu per hour (1760 Wlhr) and combustion and ventilation air is provided as specified in accordance with the manufacturer's installation instructions. 2. Where approved by the Code Official, one listed wall -mounted unvented room heater equipped with an oxygen depletion safety shutoff system shall be permitted to be installed in a bedroom provided that the input rating shall not exceed 10,000 Btu per hour (2930 Wlhr) and combustion and ventilation air is provided in accordance with the manufacturers installation instructions. Section 928.1; changed to read as follows: 928.1 General. Kerosene and oil -fired stoves shall be listed and labeled and shall be installed in accordance with the conditions of the listing and the manufacturer's installation instructions. Kerosene and oil -fired stoves shall comply with this code, the Fire Code and • the Building Code. Oil -fired stoves shall be tested in accordance with UL 896. 3.33 ALLEN LAND DEVELOPMENT CODE Section 1204.1 and 1204.2; changed to read as follows: 1204.1 Insulation characteristics. Pipe insulation installed in buildings shall conform to the requirements of the Energy Code, when adopted, shall be tested in accordance with ASTM E 84 and shall have a maximum flame spread rating of 25 and a smoke -developed rating not exceeding 450. Insulation installed in an air plenum shall comply with Section 602.2.1. Exception: This section shall not apply to one- and two-family dwellings. 1204.2 Required thickness. Hydronic piping shall be insulated to the thickness required by the Energy Code, when adopted. Sections 1304.18 and 1304.18.1; changed to read as follows: 1304.18 Testing of piping. Before any system of gas piping is finally put in service, it shall be tested to ensure that it is gas tight. Where any part of the system is to be enclosed or concealed, this test shall precede the work of closing in. To test for tightness, the piping shall be filled with air or inert gas, but not with any other gas or liquid. The gas piping shall stand a pressure of not less than ten (10) pounds per square inch (68.9 kPa) gauge pressure, or at the discretion of the Administrative Authority, the piping and valves may be tested at a pressure of at least six (6) inches (152 mm) of mercury, measured with a manometer or slope gauge. Test pressures shall be held for a length of time satisfactory to the Administrative Authority, but in no case for less than fifteen (15) minutes, with no perceptible drop in pressure. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa), the test pressure shall not be less than sixty (60) pounds per square inch (413.4 kPa) and shall be continued for a length of time satisfactory to the Administrative Authority, but in no case for less than thirty (30) minutes. 1304.18.1 Test instruments. Test pressure shall be measured with an approved instrument. All necessary apparatus for conducting tests shall be furnished by the permit holder. Section 1401.1 add a second paragraph to read as follows: Should there be any conflict between this chapter and the Plumbing Code, the Plumbing Code shall take precedence. Section 1401.2 is changed to read as follows: 1401.2 Storage systems. Fuel oil storage and piping systems shall be installed in accordance with the requirements of this code, and the Fire Prevention Code. Sections 1401.2.1, 1401.2.2 and 1401.2.3 are deleted. Any section or table not reprinted herein shall be assumed to be deleted. Chapter 15 is changed to only read as follows: CHAPTER 15 SECTION 1501 -GENERAL 1501.1 Scope. This chapter shall govern the construction, installation, alteration and repair of systems and equipment intended to utilize solar energy for space heating or cooling, domestic hot water heating, swimming pool heating or process heating. 1501.2 Potable water supply. Potable water systems shall be protected against contamination in accordance with the Plumbing Code. J [CM11 ALLEN LAND DEVELOPMENT CODE 1501.3 Heat exchangers. Heat exchangers used in domestic water -heating systems shall be . approved for the intended use. The system shall have adequate protection to ensure that the potability of the water supply and distribution system is properly safeguarded. 1501.5 Ducts. Ducts utilized in solar heating and cooling systems shall be constructed and installed in accordance with Chapter 6 of this code. NFPA 70-96 is changed to read as follows: 70-96 National Electrical Code as adopted by this jurisdiction... 301.7, 602.2.1, 911.7, 1106.8, 1106.9 (e) The National Electric Code, 1999 Edition shall be amended as follows:" Section 90-8(a) is amended to add specific requirements for expansion in the use of electricity as follows: "(a) Plans and specifications that provide ample space in raceways, spare raceways, and additional spaces will allow for future increases in the use of electricity. One blank space shall be left for every five (5) circuits used in new dwelling panels. New dwelling panels shall have a spare one (1) inch raceway installed from the panel to an accessible location. Distribution centers located in readily accessible locations will provide convenience and safety of operation." Section 110-5 is amended to limit conductors to copper to read as follows: . -Conductors normally used to carry current shall be of copper. Where the conductor material is not specified the material and sizes given in this code shall apply to copper conductors. Section 230-2(a) is amended to add a sixth Special Condition to read as follows: '(6) In supplying electrical service to multifamily dwellings, two or more laterals or overhead service drops shall be permitted to a building when both of the following conditions are met: a. The building has six or more individual gang meters and all meters are grouped at the same location. b. Each lateral or overhead service drop originates from the same point of service." Section 230-71(a) is amended to add an exception to read as follows: "Exception: Multi -occupant Buildings. Individual service disconnecting means is limited to six for each occupant. The number of individual disconnects at one location may exceed six." Section 250-50 is amended to add a fifth paragraph to read as follows: 0'250-50. Grounding Electrode System. If available on the premises at each building or structure served, each item (a) 3.35 ALLEN LAND DEVELOPMENT CODE through (d), and any made electrodes... interconnect electrodes that are part of the grounding electrode system. Exception: In industrial... conductor is exposed. Where a metal underground water pipe, as described in item (a), is not present, a, method of grounding as specified in (b) through (d) below shall be used. (FPN): See Sections... agriculture buildings." Section 250-104(b) is amended to read as follows: "250.104. Bonding of Piping Systems and Exposed Structural Steel. (b) Metal Gas Piping. Each interior aboveground portion of a metal gas piping system upstream from the equipment shutoff valve shall be electrically continuous and bonded to the grounding electrode system. The bonding jumper shall be sized in accordance with Table 250-122 using the rating of the circuit that may energize the gas piping." Section 310-15(b)(6) is amended to read as follows: "310-15. Ampacities for Conductors Rated 0 to 2000 Volts. (b) Tables. (6) 1201240 -Volt, 3 -Wire, Single -Phase Dwelling Services and Feeders. For dwelling units, conductors, as listed in Table 310-15(b)(6), shall be ... conductors. The grounded conductor shall be permitted to be smaller than the ungrounded conductors, provided the requirements of Sections 215-2, 220-22, and 230-42 are met. This Section shall not be used in conjunction with Section 220-30." Section 336-5(a)(1) is amended to add an exception to read as follows: "Exception: An additional level shall be permitted in multifamily dwellings where the entire structure is protected throughout by an approved automatic sprinkler system." Section 336-5(a) is amended to add a tenth restriction to read as follows: "(10) In non-residential metal frame structures." 3.36 ALLEN LAND DEVELOPMENT CODE ARTICLE IV ZONING REGULATIONS Section 4.01. Applicability. This section shall govern any and all buildings, structures, and land located within the corporate limits of the City and to any annexations of land or additions made to the City subsequent to the adoption of this Code as they may be occupied, used, erected, altered, removed, demolished or converted shall be used, removed, placed and erected in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located. Section 4.02. Zoning Districts. Section 4.02.1. Zoning Districts Established. The City of Allen Texas, the following zoning districts: "A -O" Agriculture -Open Space District "R-1" Single-family Residential District "R-1.5" Single-family Residential District "R-2" Single-family Residential District "R-3" Single-family Residential District "R-4" Single-family Residential District "R-5" Single-family Residential District "R-6" Single-family Residential District "R -T' Single-family Residential District "2-F" Duplex Residential District "TH" Townhome Residential District . "MF -12" Multi -family Residential District "MF -18" Multi -family Residential District "MH" Mobile Home Park District "GO" Garden Office District "O" Office District "LR" Local Retail District "SC" Shopping Center District "LC" Light Commercial District "GB" General Business District "CC" Corridor Commercial District 'OT' Office Technology District "TR" Technology Research "IT" Industrial Technology "LI" Light Industrial District "HI" Heavy Industrial District "CF' Community Facilities District "CBD" Central Business District Section 4.02.2. Zoning District Map. The boundaries of the zoning districts established herein are delineated upon a Zoning District Map of the City adopted as part of this Code as if contained herein. The official Zoning District Map, bearing the signature of the Mayor, shall be filed in the office of the City Secretary. It shall be the duty of the Planning Director to update and maintain the • Official Zoning District Map by entering any changes that the City Council may approve. 4.1 ALLEN LAND DEVELOPMENT CODE Section 4.02.3. Zoning District Boundaries Where uncertainty exists with respect to the boundaries of any zoning the following rules shall J apply: 1. boundaries indicated as approximately the centerline of streets, highways, or alleys shall be construed to follow such centerlines. 2. boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. 3. Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts. 4. Where the streets or alleys on the ground differ from the streets or alleys as shown on the Zoning Map, the streets or alleys on the ground shall control. 5. boundaries indicated as approximately following city limits shall be construed as following city limits. 6. boundaries indicated as following railroad lines shall be construed to be midway between the right-of-way lines. 7. boundaries indicated as following the centerline of all creeks, streams or drainage ways shall be construed to follow such centerline. 8. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map. 9. The zoning classification applied to a tract of land adjacent to the street shall extend to the r/ centedine of the street, unless as a condition of zoning approval, it is stated that the zoning classification shall not apply to the street. 10. Where physical features on the ground are at variance with information shown on the official zoning district map or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of the above subsections, the property shall be considered as "A -O" Agriculture -Open Space in the same manner as provided for newly annexed territory. Section 4.02.4. Compliance Required. All land, buildings, structures or appurtenances thereon located with the City which are hereafter occupied, used, constructed, erected, removed, placed, demolished or converted shall be occupied, used, erected, altered, removed, placed, demolished or converted in conformance with the zoning regulations prescribed in the Code. All of the standards and regulations prescribed herein shall be considered as the minimum requirements unless explicitly stated otherwise. No uses shall be allowed which are prohibited by State law or which exceed State or National environmental or pollution standards. Section 4.02.5. Schedules & Illustrations. Definitions, schedules and illustrations, together with all notations, references, and other information, and all amendments thereto, are as much a part of this Code as any specific requirement or regulation fully set forth and described herein. 4.2 ALLEN LAND DEVELOPMENT CODE Section 4.02.6. Planned Development Ordinances Continued • Prior to adoption of this Code, the City Council has established various Planned Development Districts, some of which are to be continued in full force and effect. The ordinances or parts of ordinances approved prior to this Code specked in Appendix D shall be carried forth in full force and effect and are the conditions, restrictions, regulations and requirements which apply to the respective Planned Development Districts shown on the Zoning Map at the date of the adoption of this Code. Some of the base districts which were established under preceding ordinances have been converted to new base districts under this Code. Section 4.02.7. New and Unlisted Uses. New types of land use will develop and forms of land use not anticipated may seek to locale in the City. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows: 1. The Director of Planning & Development shall refer the question of any new or unlisted use to the Commission requesting an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a Statement of Facts listing the nature of the use and whether it involves inhabitation, sales, processing, type of product, storage, and amount or nature thereof, enclosed or open storage, anticipated employment, transportation requirements, traffic generation, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer. 2. The Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts where such use should be permitted. 41W 3. The Commission shall transmit its findings and recommendations to the City Council as to the classification proposed for any new or unlisted use. The City Council shall by resolution approve, modify, or deny the recommendation of the Commission. Section 4.03. Newly Annexed Territory. All territory hereafter annexed to the City shall be temporarily classified as "A -O" Agricultural -Open Space District until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedure established by law for the adoption of original zoning regulations. In an area temporarily classified as "A -O" Agricultural -Open Space District: 1. No person shall erect, construct or continue with the construction of any structure or add to any structure or cause the same to be accomplished in any newly annexed territory to the City without first obtaining a Building Permit or Certificate of Occupancy from the Building Official. 2. No permit for the construction of a building or use of land shall be issued by the Building Official other than a permit which will allow for the construction of a building that is allowed in the "A -O" Agricultural -Open Space District. 3. The Commission may consider a zoning application and make recommendation to the City Council for such application prior to annexation of the subject property into the City of Allen. The City Council may act on the application for permanent zoning and annexation simultaneously. The Commission recommendation shall be valid for a period of up to 6 months only. 4.3 ALLEN LAND DEVELOPMENT CODE Section 4.04.1. Platting Property. 1. The Commission shall not review any plat of any subdivision within the city limits of J the City of Allen until the area comprised by the proposed plat shall have been permanently zoned by the City Council. 2. The Commission shall not review any plat of any subdivision where a petition for annexation is pending before the City Council. 3. The Commission may consider a plat application for property that is in the Extraterritorial Jurisdiction of the City. Section 4.04.2. Creation of Building Site. No permit for the construction of a building or buildings upon any tract or plot shall be issued until a building site, building tract, or building lot has been created by compliance with one of the following conditions: 1. The lot or tract is part of a plat of record that has been approved by the Commission, and has been filed in the Plat Records of Collin County. Such lot shall face upon a dedicated street, face a public access easement, or have some frontage on a dedicated street. 2. The plot, tract, or lot faces a dedicated street and was separately owned prior to October, 1981; or prior to annexation to the City of Allen, whichever is applicable, in which event a Building Permit for only one main building conforming to all the requirements of this Code may be issued on each such original separately owned parcel. Section 4.05. Nonconforming Uses. 1. Intent of Provisions J a. Within the districts established by this Code or amendments thereto, the exist lots, structures, uses of land and structures, and characteristics of use which were lawful before the adoption of this Code was made applicable to such lots, structures or uses, but which do not now conform to the regulations of the district in which they are located. It is the intent of this Code to permit such non -conforming uses to continue, as long as the conditions within this section and other applicable sections are met. b. It is further the intent of this Code that non -conforming uses shall not be enlarged upon, expanded or extended, and not be used as a basis for adding other structures or uses prohibited elsewhere in the same district. c. Non -conforming uses are hereby declared to be incompatible with the permitted uses in the affected districts. 2. Non -conforming Status. Any use, platted lot or structure which does not conform with the regulations of the zoning district in which it is located shall be deemed a non -conforming use or structure when: a. The use, platted lot or structure was in existence and lawfully operating prior to June 21, 1972 or the adoption of this Code and which has since been in regular and continuous use; or b. The use, platted lot or structure was in existence and lawfully constructed, located, and operating at the time of any amendment to this Code, but by such amendment is placed in a district wherein such use, platted lot or structure is not otherwise permitted and has since been in regular and continuous use; 4.4 ALLEN LAND DEVELOPMENT CODE c. The use, platted lot or structure was in existence at the time of annexation into the City • and has since been in regular and continuous use. 2. Continuing Lawful Use of Property a. The lawful use of land orlawfulexistence of structures at the time of passage of this Code, although such do not conform to the provisions hereof, may be continued; but if said non -conforming use or structure is discontinued or abandoned , any future use of the premises shall be in conformity with the provisions of this Code. b. Discontinuance of a non -conforming use shall commence on the actual act or date of discontinuance. Abandonment of a non -conforming structure shall commence on the act or date of abandonment. c. When a non -conforming use or structure which does not meet the development standards of this Code is discontinued or abandoned for a period of sic (6) months, such use shall not be resumed and proof of such event shall constitute prima fascia evidence of an act of abandonment. Any non -conforming use which does not involve a permanent structure and which is moved from the premises shall be considered to have been abandoned. d. No non -conforming use maybe abandoned, reoccupied with another non -conforming use or increased as of the effective date of this Code. e. Single family or two family dwellings constructed on platted lots which may now be non- conforming due to stricter standards, shall be deemed in conformance with this Code, as long as the use of the lot is allowed in the respective district. Only the lot size, lot depth, setbacks and width shall be allowed to be less than the regulations prescribed in the • zoning district in which it is located. All other regulations of this Code shall be met or the lot shall be considered non -conforming. f. Any existing vacant lot platted prior to the adoption of this Code which was legally conforming shall be deemed a conforming lot. g. prior to the effective date of this Code, which do not provide the required number of off-street parking spaces, shall not be considered as nonconforming structures. 3. Changing Non -Conforming Uses a. Any non -conforming use may be changed to a conforming use, and once such a change is made, the use shall not be changed back to a non -conforming use. b. Where a conforming use is located in a non -conforming structure, the use may be changed to another conforming use as provided in subsection 4. below. c. A non -conforming use may not be changed to another non -conforming use. 4. Expansion of a Non -Conforming Use or Structure. An expansion of a non -conforming use or structure is allowed in accordance with the following: a. A non -conforming use located within a building may be extended throughout the existing building if: L No structural alteration may be made except those required to preserve the structure. ii. The number of dwelling units or rooms in a non -conforming residential structure shall not be increased so as to exceed the number of dwelling units or rooms existing as the time the use became non -conforming. 4.5 ALLEN LAND DEVELOPMENT CODE b. No non -conforming use within a building may be extended to occupy any land outside the building. c. No non -conforming use of land or building shall be enlarged, increased, or extended to occupy a greater area of land than was occupied at the time the land became a non- conforming use, except to provide off-street loading or off-street parking. d. The minimum residential lot areas for the various zoning districts shall be in accordance with their respective districts except that a lot having less area than herein required which was an official "Lot of record" prior to the adoption of this Code may be used for a single family dwelling. e. Buildings or structures which do not conform to the area regulations or development standards in this Code but where the uses are deemed conforming may increase the gross floor area by up to ten percent with the approval of the Board of Adjustment. 5. Restoration of Non -Conforming Structure. If a structure occupied by a nonconforming use is destroyed by fire, or elements, it may only be rebuilt to conform to the provisions of this Code, save and except any single-family residential located in the CBD — Central Business District. In the case of partial destruction of a nonconforming use not exceeding fifty (50) percent of its reasonable value, reconstruction will be permitted, but the size or function of the nonconforming use cannot be expanded. 6. Completion of Structures. Nothing herein shall require any change in the plans, construction, or designated use of a building or structure for which a building permit has been issued or a site plan approved prior to the effective date of this Code, nor shall any building or structure for which a substantially complete application for a building permit was accepted by the Building Official on or before the effective date of these regulations, provided that the building permit shall comply with all applicable regulations on the date that the application was filed and the building permit is issued within thirty (30) days of the effective date of these regulations. Section 4.06. Changes & Amendments. Under the provision of Local Government Code Section 211 at seq., the City Council by their own initiative may from time to time amend, supplement or change the boundaries of the districts or the regulations herein established. 1. Application. Each application for zoning or for an amendment or change to the existing provisions of this Code shall be made in writing on an application forth available from the City and shall be accompanied by payment of the fees required in Appendix "B". 2. Submission to Planning Commission. Before taking any action on any proposed amendment, supplement, or change, the City Council shall submit the proposed revision to the Commission for its review and recommendation. Such submission should include a property legal description and land use plan. If the submission is a planned development, then any variance from the zoning regulations should be identified; otherwise, the standards of this Code shall govern. If the proposed use generates more than 1,000 trips per day, then a traffic study shall be required. The requirements of the traffic study are identified in the Traffic Impact Analysis Requirements. If Community Facilities are identified in the Comprehensive Plan, then they should be indicated on the land use plan after determinations have been made by the City and/or School District as to the appropriateness of the site reservation. 3. Failure to Appear. Failure of the applicant to appear before the Planning & Zoning Commission or City Council for more than one hearing without an approved delay by the .� 4.6 ALLEN LAND DEVELOPMENT CODE Director of Planning & Development shall constitute sufficient grounds for the Planning & Zoning Commission to table or deny the application. 4. Public Hearing and Notice. Prior to making its report to the City Council, the Planning and Zoning Commission shall hold at least one (1) public hearing. Written notice of all public hearings on proposed changes shall be sent to all owners of property within two hundred (200) feet of the property on which the change of zoning classification is proposed, not less than ten (10) days before the date of the hearing. Such notice may be served by using the last known address as shown on the last approved City tax roll, and depositing the notice, properly addressed and postage paid in the U.S. Mail. Notice of hearings on proposed changes in the text of zoning regulations affecting the City in general shall be accomplished by one publication in a newspaper of general circulation in the City not less than fifteen (15) days prior to the date of the hearing. Changes in the text of the zoning regulations which do not affect zoning district boundaries do not require written notification to individual property owners. 5. Sign. A sign shall be erected by the City on the property on which the change or classification is required, not less than ten (10) days prior to the public hearing held by the City Council. The sign shall be visible to the public and state in bold letters the current zoning, the requested change, and the time, date and location of the public hearing. The sign shall also include the City. The City Council may waive the requirements of this section, if satisfied adequate notice has been provided to the public. 6. Applications Recommended for Approval by the Planning & Zoning Commission. Every application or proposal which is recommended for approval by the Planning & Zoning Commission shall be automatically forwarded to the City council for setting and holding of public hearing thereon. No change, however, shall become effective until after the adoption of an ordinance and publication required by law. 7. Applications Recommended for Denial by the Planning & Zoning Commission. When the Planning & Zoning Commission makes a recommendation that a proposal be denied, the request in its original form, will not automatically be placed on the City council agenda unless requested by the applicant in writing within ten,(10) days of the action. 8. Resubmission of Application. A request that has been denied by the City Council without prejudice may be resubmitted at any time with a new filing fee. If the request has been denied with prejudice, the same or similar request may not be resubmitted to the City for one year from the original date of denial. 9. Council Consideration. At least one public hearing shall be held by the City Council before adopting any amendment, supplement, or change to the zoning regulations or Zoning Map. Notice of such hearing shall be given by publication in a newspaper of general circulation in the City, stating the time and place of such hearing which shall be at least (15) days prior to the date of the hearing. 10. Three-fourths Vote. a. A favorable vote of three-fourths (3/.) of all the members of the entire Council shall be required to approve any change in zoning when written objections are received from twenty percent landowners of (20%) of the area which comply with Section 211.005 of the Tex. LOC. Govt. CODE. If a protest against such proposed amendment, supplement or change has been filed with the City Secretary, duly signed and acknowledged by the owners of twenty percent (20%) or more, either of the area of the lots included in such to proposed changed or those immediately adjacent to the areas thereof extending two hundred (200) feet). In computing the percentage of land area, the area of streets and alleys shall be included in the computation. 4.7 ALLEN LAND DEVELOPMENT CODE b. A favorable vote of three-fourths ('/.) of all members of the entire City Council shall be required to approve any zoning change request which is recommended for denial by the j Planning & Zoning Commission. •r/ Section 4.07. Reserved Section 4.08. District Purpose& Supplemental Regulations Section 4.08.1. "A-0" Agriculture -Open Space District. 1. Purpose. This district is to be used for farming, forestry, and mining uses not hazardous by reason of odors, dust, fumes, noise, or vibration; single-family dwellings on acreage sites; public recreation and open spaces; and is considered the proper classification for lease areas of undeveloped land or land newly -annexed to the City and appropriate for permitted uses identified in the Schedules of Principal Uses (Section 4.20.2) and the Schedule of Accessory Uses (Section 4.02.3). 2. Supplemental Use Regulations. a. All permitted general and special agricultural, farming, ranching, stock and poultry raising, dairy, and other related uses may not cause a hazard to health by reason of unsanitary conditions; result in offensive by reason of odors, dust, fumes, noise, or vibration or otherwise be detrimental to the public welfare. b. Poultry or livestock shall be kept in accordance with the regulations contained in the Code of Ordinances, Chapter 3, Animals and Fowl. c. All permitted general and special forestry and mining uses and other related uses so long as same do not result in offensive odors, dust, fumes, noise, vibration, unsightly conditions, or despoliation, and are not otherwise detrimental to the public welfare. d. A Single-family dwelling is permitted as an accessory use on building lots of one (1) acre or more in area if adequately served by water wells located on the building lot. Section 4.08.2. "R-1" and "R-1.5" Single -Family Residential Estate District. 1. Purpose. These districts are limited.to single family detached dwellings on estate lots of not less than 40,000 and 30,000 square feet respectively, and appropriate for permitted uses identified in the Schedules of Principal Uses (Section 4.20.2) and the Schedule of Accessory Uses (Section 4.02.3).. 2. Supplemental Use Regulations. a. Alleys are not permitted. b. Sidewalks are only required on one side of the street, and may be located within a pedestrian easement on private property. c. Park fees and/or dedication of parkland that would normally be assessed for neighborhood parks may be waived, park fees for community and citywide parks will still be due. Section 4.08.3. "R-2", "R-3", "R-4", "R-5", "R-6", and "R-7" Single -Family Residential District. Purpose. These districts are limited to single-family, detached dwellings, on lots of not less than the area specked in Section 4.09 Residential Height and Area Regulations and appropriate for permitted uses identified in the Schedules of Principal Uses (Section 4.20.2) and the Schedule of Accessory Uses (Section 4.02.3). Uses permitted in more restrictive Single-family J Residential Districts are permitted in those less restrictive. 4.8 ALLEN LAND DEVELOPMENT CODE Section 4.08.4. "2-F" Duplex Residential District. •Purpose. This district provides a medium density dwelling classification in the forth of two-family attached or duplex dwellings and appropriate for permitted uses identified in the Schedules of Principal Uses (Section 4.20.2) and the Schedule of Accessory Uses (Section 4.02.3). This district also permits any use permitted in Single-family Residential Districts. Section 4.08.5. "TH" Townhouse Residential District. 1. Purpose. This district provides a medium -density dwelling classification in the form of attached single family dwelling units on separate lots or as condominium units where individual units are under separate ownership with common areas under the control of a Condominium Association and appropriate for permitted uses identified in the Schedules of Principal Uses (Section 4.20.2) and the Schedule of Accessory Uses (Section 4.02.3). This district also permits any use permitted in 2F- Duplex Residential Districts. 2. Supplemental Use Regulations. a. No more than six (6) dwelling units shall be attached in one continuous row or group b. No dwelling unit shall be constructed above another dwelling unit. c. There shall be a side yard on each side of a contiguous row or group of dwellings of not less than six (6) feet. Section 4.08.6. "MF -12" and "MF -18" Multi -Family Residential District. Purpose. These districts provide for attached multi -family dwellings with the number of dwelling units per acre established by Section 4.15 Residential Height and Area Regulations and appropriate for permitted uses identified in the Schedules of Principal Uses (Section 4.20.2) and • the Schedule of Accessory Uses (Section 4.02.3).. Uses permitted in more restrictive Residential Districts are permitted in those less restrictive. Section 4.08.7. "MH" Mobile Home Park District. Purpose. This district provides for the location of mobile homes within developments with necessary attendant facilities and appropriate for permitted uses identified in the Schedules of Principal Uses (Section 4.20.2) and the Schedule of Accessory Uses (Section 4.02.3). 2. Supplemental Use Regulations. Open recreation and public service area is required of 500 square feet for each of the first twenty (20) units and two hundred and fifty (250) square feet per unit for all additional units. Outdoor swimming pools may satisfy this requirement, but the are in the required front, side and rear yards do not. Section 4.08.8. "GO" Garden Office District. 1. Purpose. This district is intended for low-rise office uses, not dependent upon retail trade or retail traffic for their operation and appropriate for permitted uses identified in the Schedules of Principal Uses (Section 4.20.2) and the Schedule of Accessory Uses (Section 4.02.3). This district is designed to permit the location of offices of any profession, trade, or service near their clients, and minimize the affect upon residential and commercial areas. Outside storage, which includes, but is not limited to, equipment, machinery, commodities, raw, semi -finished materials, and building materials, that is visible from the building lot line at ground level is not allowed in this district. 2. Supplemental Use Regulations. Outside storage, which includes, but is not limited to, equipment, machinery, commodities, raw, . semi -finished materials, and building materials, that is visible from the building lot line at ground level is not allowed in this district. 4.9 ALLEN LAND DEVELOPMENT CODE Section 4.08.9. "O" Office District. Purpose. This district is intended for office uses not dependent upon retail trade or retail traffic Vl for their operation and appropriate for permitted uses identified in the Schedules of Principal Uses (Section 4.20.2) and the Schedule of Accessory Uses (Section 4.02.3).. This district is designed to permit the location of offices of any profession, trade, or service near their clients and minimize the effect upon residential and commercial areas. This District permits any use permitted in GO- Garden Office Districts. Section 4.08.10. "LR" Local Retail District 1. Purpose. This district is a limited retail category intended for use near neighborhood areas for the purposes of supplying day to day retail needs of the residents, such as food, drugs, and personal services and appropriate for permitted uses identified in the Schedules of Principal Uses (Section 4.20.2) and the Schedule of Accessory Uses (Section 4.02.3). This use permits any use permitted in a O — Office Districts. 2. Supplemental Use Regulations. Materials other than masonry may be considered in this district for restaurants only to carry out a unique theme or architectural concept. Section 4.08.11. "SC" Shopping Center District. Purpose. This district provides for medium intensity concentrations of shopping and related commercial activity characteristic of the trend of urban development to the decentralization of retail business facilities and appropriate for permitted uses identified in the Schedules of Principal Uses (Section 4.20.2) and the Schedule of Accessory Uses (Section 4.02.3). This use permits any use permitted in a LR— Local Retail Districts. Section 4.08.12. "LC" Light Commercial District. Purpose. The regulations in this district are designed to provide support services for residential areas and appropriate for permitted uses identified in the Schedules of Principal Uses (Section 4.20.2) and the Schedule of Accessory Uses (Section 4.02.3). This use permits any use permitted in an SC — Shopping Center District. Section 4.08.13. "GB" General Business District. 1. Purpose. This district provides for high intensity concentrations of commercial activities along major thoroughfares and is a transition from lighter business to industrial and manufacturing uses and appropriate for permitted uses identified in the Schedules of Principal Uses (Section 4.20.2) and the Schedule of Accessory Uses (Section 4.02.3). This use permits any use permitted in an SC — Shopping Center District. 2. Supplemental Use Regulations. a. Veterinary clinics, pet stores or kennels with outside runs shall not be located closer than one hundred (100) feet to any "R" District. Section 4.08.14. "CC" Corridor Commercial District. Purpose. This district is characterized by development of high intensity retail, offices, and light industrial uses in selected locations along the U.S. 75 and S.H. 121 corridor and appropriate for permitted uses identified in the Schedules of Principal Uses (Section 4.20.2) and the Schedule of Accessory Uses (Section 4.02.3). J 4.10 ALLEN LAND DEVELOPMENT CODE .Section 4.08.15. "OT Office Technology District. 1. Purpose. This district is characterized by development of business and technology parks for the purpose of servicing office, distribution, processing, and the manufacturing and assembly of electronics and appropriate for permitted uses identified in the Schedules of Principal Uses (Section 4.20.2) and the Schedule of Accessory Uses (Section 4.02.3). The regulations in this district are intended to provide for a campus type of development for building sites to accommodate land uses on tracts that average four acres or more. 2. Supplemental Use Regulations. Outside storage, which includes, but is not limited to, equipment, machinery, commodities, raw, semi -finished materials, and building materials, that is visible from the building lot line at ground level is not allowed in this district. Section 4.08.16. "TR" Technology Research District. The purpose of this district is to encourage the development of high quality employment centers. Section 4.08.17. '9T' Industrial Technology District. This district is characterized by industrial parks accommodating distribution, processing and light manufacturing in a campus type development with building sites of four acres or more and appropriate for permitted uses identified in the Schedules of Principal Uses (Section 4.20.2) and the Schedule of Accessory Uses (Section 4.02.3). Section 4.08.18. "Lf' and "Hf' Industrial Districts 1. Purposes. These districts are intended to accommodate distribution, processing, and . manufacturing, and are distinguished by the intensity of use and appropriate for permitted uses identified in the Schedules of Principal Uses (Section 4.20.2) and the Schedule of Accessory Uses (Section 4.02.3). 2. Supplemental Use Regulations. a. Areas designated on the Official Zoning Map as "LI(C)" shall be subject to the regulations of this "LI" District, with the exception that mini -warehouses are not allowed. b. "HI" -Heavy Industrial District uses shall not be located adjacent to any "R" District. c. Wrecking yards and junkyards shall be wholly enclosed within a building or by a fence, or wall, not less than eight (8) feet in height. d. All open storage areas shall be screened from view of the public streets by a fence or wall (minimum height 8 feet), and shrubs, trees or other landscaping. Section 4.08.19. "PD" Planned Development District. 1. Purpose. The City Council of the City of Allen, Texas, after public hearing and proper notice to all parties affected and after recommendation from the Planning and Zoning Commission may authorize the creation of a Planned Development District. This district is designed to permit flexibility and encourage a more creative, efficient and aesthetically desirable design and placement of buildings, open spaces, circulation patterns, by allowing mixture or combination of uses, and to best utilize special site features such as topography, size and shape. A Planned Development District may be used to permit new or innovative concepts in land utilization not • permitted by other zoning districts in this Code. While greater flexibility is given to allow special conditions or restrictions which would not otherwise allow the 4.11 ALLEN LAND DEVELOPMENT CODE development to occur, the requirements established herein ensure against misuse of increased flexibility. 1J 2. Approval Process and Procedure. The procedure for establishing a Planned Development District shall follow the procedure for zoning amendments as set forth in Section 4.07 of this Code. The applicant for a Planned Development District shall comply with the zoning amendment procedure for a change in zoning district classification. An applicant for a Planned Development District shall specify the base zoning district, the proposed use or combination of uses, proposed development regulations including all requested deviations from the base zoning district and any other requirements of this ordinance or the subdivision ordinance, and be accompanied by a Concept Plan, (or Detail Site Plan, in lieu of a Concept Plan). The Concept Plan (or Detail Site Plan if appropriate) shall be attached to and made a part of the ordinance establishing the Planned Development District. 3. Permitted Uses. A Planned Development District may contain any use or combination of uses permitted in the Schedule of Principal Uses or Schedule of Accessory Uses. Uses shall conform to the standards and regulations to the base zoning district stated in the ordinance establishing the Planned Development District. 4. Planned Development Requirements a. Base Zoning District. The ordinance establishing a Planned Development District shall specify the base zoning district. The specific uses permitted in the base zoning district which are to be allowed in the Planned Development District must be specified in the ordinance. Any additional uses not permitted in the base j zoning district must also be specified in the ordinance. In selecting a base 1/ zoning district, the uses allowed in the base zoning district must be similar or compatible with those allowed in the Planned Development District. Any variations or deviations to the base zoning district or other provisions of this Code shall be stated in the ordinance. The Planned Development District shall conform to all other sections of the ordinance unless expressly provided otherwise in the granting ordinance. b. Development Regulations. The ordinance establishing a Planned Development District shall specify appropriate development regulations, in written forth and shall include, but may not be limited to: uses, density, lot area, lot width, lot depth, yard depth, and widths, building height, lot coverage, floor area ratio, off- street parking and loading, open space, access, screening, landscaping, project phasing or scheduling, property or homeowner management associations, and other conditions or requirements the Planning and Zoning Commission and City Council may deem appropriate. c. Concept Plan/Detail Site Plan. During the review and public hearing process, the Planning and Zoning Commission and City Council shall require and approve a Concept Plan as part of the ordinance granting the Planned Development District. A Detail Site Plan may be submitted in lieu of the Concept Plan. i. Concept Plan. This plan shall be submitted by the applicant at the time of application. The plan shall graphically show the applicant's intent for the use of the land within the proposed Planned Development District. If the ordinance establishing a Planned Development District approves a Concept r/ Plan, a Detail Site Plan shall be submitted to the Director of Planning for 4.12 ALLEN LAND DEVELOPMENT CODE approval within six (6) months after the approval of the Concept Plan by the • City Council and prior to preliminary plat approval and the issuance of any building permit in accordance with section 2.09 of this Ordinance. The Detail Site Plan shall conform to the Development Regulations and the approved Concept Plan. Changes of detail on the Detail Site Plan, which differ from the approved Concept Plan, but do not alter the basic relationship of the proposed development to adjacent property, the uses permitted, increase the density, building height, coverage of site, off-street parking ratio, or area regulations as indicated on the approved Concept Plan may be authorized by the Director of Planning. A Detail Site Plan may be submitted for the total area of the Planned Development District or for any sections or part as approved on the Concept Plan. If the Director of Planning disapproves the Detail Site Plan, the applicant may appeal the decision to the Planning and Zoning Commission. If the applicant initially submits a Concept Plan but fails to submit a Detail Site Plan within six (6) months after City Council approval of the ordinance establishing the Planned Development District, the Concept Plan shall be reviewed by the City Council to determine the continued validity of the Concept Plan, unless the Director of Planning has granted an extension not to exceed six (6) months. (a) Residential Concept Plan. A Concept Plan for residential land use shall show site topography with contour intervals, the boundary of the Planned Development District, generalized location of treed areas, floodplain areas, location of all land use areas and gross acreage for each use and tract, density (net and gross), identification of major access points, rights- of-way or other areas to be dedicated to the City, open space or common . areas, parkland, preliminary lot arrangements and street patterns, indication of each phase of development if separate phases are proposed, and other information to adequately describe the proposed development. A preliminary plat illustrating the requirements herein may be utilized as a Concept Plan for residential development. For residential development (such as multi-family)—which does not propose individual platted lots, the concept plan shall also show the size, type and location of buildings, building sites, lot coverage, access, screening, parking and circulation areas, and landscaped areas. (b) Nonresidential Concept Plan. A Concept Plan for other than residential uses shall show site topography with contour intervals, the boundary of the Planned Development District, floodplain areas, generalized locations of treed areas, the land uses, gross acreage for each use, building sites or lots, lot coverage, floor area, ratio for each use, building heightand location, parking and circulation areas, identification of major access points, rights-of-way or other areas to be dedicated to the City, location of building setbacks along the site boundaries, on dedicated streets, and between residential and non-residential uses, parking ratios, off-street parking and loading, indication of each phase of development If separate phases are proposed and other information to adequately describe the proposed development. ii. Detail Site Plan. This plan may be submitted in lieu of a Concept Plan and shall set forth the final plans for development of the Planned Development 4.13 ALLEN LAND DEVELOPMENT CODE District and shall conform to the Development Regulations approved as a part of the ordinance granting the Planned Development District. The Detail Site Plan shall be a scale drawing which graphically shows the same information required for a Concept Plan for the respective type of development. All development and construction shall conform to the approved Detail Site Plan. An amendment to a Detail Site Plan approved as a part of the ordinance establishing the Planned Development District is a change in zoning district classification and must follow the same procedures set forth in Section 4.03, except the Director of Planning may approve minor revisions which do not alter the basic relationship of the proposed development to adjacent property, the uses permitted, increase the density, building height, coverage of site, off- street parking ratio, or area regulations as indicated on the approved Detail Site Plan. The approval of the Detail Site Plan shall be the basis for the issuance of a building permit, but does not release the applicant of the responsibility to submit plans to the building official for a building permit. b. Compliance. Development Regulations, the Concept Plan or the Detail Site Plan are conditions that must be complied with before a Certificate of Occupancy may be granted. 5. Open Space. For all residential uses (including multi -family uses) within a Planned Development District open space (whether dedicated to public use or owned and maintained in common by all or part of the occupants of the Planned Development District through a property or homeowner association) shall be provided within the Planned Development District reserved primarily for the leisure and recreational use of the occupants of the residential uses. The open space shall comprise not less laiiIII than one (1) acre of land for each seventy-five (75) dwelling units. Applicants are discouraged to submit a Concept Plan which varies from the requirements for open space set forth herein without a recommendation of approval by the Planning Director. The amount of open space for developments of ten (10) acres or less or which include lots 18,000 square feet in size or greater may be varied downward by the City Council when a lesser amount of open space would be more appropriate to the density of the development, or where the availability and nature of adjacent public open space is such that a lesser amount of open space would adequately protect the health, safety and welfare and promote the orderly development of the Planned Development District. The determination of whether land is eligible for open space shall be within the discretion of the City Council. For purposes of this section, open space shall include: a. land area accessible to and permanently reserved for the common use and enjoyment of the occupants of the residential uses within the Planned Development District for leisure and recreational purposes (not including area devoted to parking, accessory uses or for required landscaping or building separation); b. ponds or lakes, not to exceed fifty percent (50%) of the required open space acreage maintained as an amenity, if specifically approved as being suitable for open space by the Planning and Zoning Commission and City Council. Land required for open space shall not include: 4.14 ALLEN LAND DEVELOPMENT CODE a. accessory buildings, swimming pools, recreation or community centers, climate controlled improvements, and areas reserved for the exclusive use and benefit of an individual tenant or owner; b. dedicated streets, alleys or public rights-of-way, required landscaped areas, areas required for yard depth or building setback or separation; c. vehicular driveways, private streets, parking areas, loading or storage areas; d. floodplain (100 year), flood prone areas, drainage easements, natural drainage areas or creeks unless maintained as an amenity and specifically approved as being suitable for open space by the Planning and Zoning Commission and City Council. In a Planned Development District for residential uses, property owner or homeowner associations are to be established for the purpose of ownership, maintenance and management of open spaces as required by Section 8.20 Mandatory Homeowners' Association of this Code. 6. City/Developer Facilities Agreement. Planned Development Districts may require a City/Developer Facilities Agreement prior to or contemporaneous with final plat approval. This Agreement shall reflect the agreement of the City and the Developer as to the cost sharing for the installation or oversizing of utility systems, perimeter streets, mandatory construction or dedication of park or open space area, landscaping or greenbelt development or other comparable items, phasing of the development, maximum density or intensity of use during the construction process, and the maintenance of open space. 7. All Planned Development Districts approved in accordance with the provisions of the Zoning Ordinance in its original form, or by subsequent amendments thereto, shall be referenced on the Zoning District Map, and a list of such Planned Development Districts, together with the category of uses permitted therein, shall be maintained as part of this Code. Section 4.08.20. "CF" Community Facilities District. Purpose. This district provides for those educational, recreational, religious, municipal, and related institutional uses intended to serve the welfare of the community and appropriate for permitted uses identified in the Schedules of Principal Uses (Section 4.20.2) and the Schedule of Accessory Uses (Section 4.02.3).. Section 4.08.21. "CBD" Central Business District. 1. Purpose. The Central Business District accommodates existing development, encourages compatible future development, and provides for mixed uses, including, but not limited retail service, commercial, and housing needs required by the community and appropriate for permitted uses identified in the Schedules of Principal Uses (Section 4.20.2) and the Schedule of Accessory Uses (Section 4.02.3).. The community shall have only one contiguous Central Business District. 2. Supplemental Regulations. a. Any existing residential structure converted to non-residential uses shall conform to the requirements of applicable regulations and codes, provided however any structure of historical or architectural significance may have requirements for exterior finishes waived if necessary to preserve architectural integrity or historical authenticity. 4.15 ALLEN LAND DEVELOPMENT CODE b. Maximum density for multi -family rental units shall not exceed twenty-four (24) units per acre. c. Accessory buildings shall be limited to one (1) separate accessory building per use and shall be located no closer than fifteen (15) feet to the main building. d. Parking._ Retail and service uses located on dedicated city streets of eighty (80) feet of right-of-way or greater, may improve streets along the frontage of their property to City standards for on -street parking to satisfy up to 50% of the required off-street parking requirements, except that I. On -street parking spaces allowed may not be used for employee parking, vehicle storage, or loading and unloading facilities. ii. This provision does not apply to any designated thoroughfare, collector, or any state -highway. Section 4.09. Reserved. Section 4.10. Residential Accessory Use Regulations. 1. Front Yard. An attached accessory structure shall have a front yard not less than the main building. A detached accessory structure must be located in the area defined as the rear yard. 2. Side Yard. The required side and rear yard for any detached accessory structure is three (3) feet from any side or rear lot line, except as follows: a. If no alley exists, the rear yard shall not be less than ten (10) feet from the rear lot line. b. No accessory structure shall be located within any dedicated easement. ] c. A garage entered from an alley or side street shall be set back from the side street or �I alley a minimum distance of eighteen (18) feet. 3. Except for the air conditioning compressors of detached single-family residential, cooling towers and similar accessory structures are required to observe all front, side or rear yards. 4. Carports accessed from a rear alley or side street shall shelter no more than three (3) vehicles, shall not exceed twenty-four (24) feet on its longest dimension, and shall be located no closer than three (3) feet to any side or rear lot line. 5. Swimming Pools must be located behind front building setback lines and at least three (3) feet from the property line. All pools must be completely enclosed by a fence or wall no less than six (6) feet in height with self -latching and self-closing gates. The latching device shall be located on the pool side a minimum of 4% feet from the ground. Temporary fencing is required during excavation. 6. Home occupations are be permitted accessory uses subject to the following requirements: a. The activity shall be conducted wholly within the main building and not in any accessory building. b. Total floor area to be used for a home occupation shall not occupy more than twenty percent (20%) of the total floor area of the main building nor exceed 400 square feet. c. Outdoor activities shall be limited to instructional activities conducted in the back yard and screened from the neighboring property. ` d. No outside storage of materials, goods, supplies, vehicles, trailers or 1r/ equipment connected with the home occupation shall be allowed. 4.16 ALLEN LAND DEVELOPMENT CODE e. No advertisement, sign, or display, on the premises shall be allowed. No off premise advertisement sign or display shall include the street address of the tv premises. f. There shall be no activity that regularly attracts persons other than the residents to the location of the home occupation, except those related to instructional activities. g. Instructional activities shall be limited to a maximum of six (6) students at any time. h. Parking, picking up, or dropping off students is prohibited in City alleys. i. Merchandise or products of the home occupation shall not be offered or displayed for sale at or on the premises. Exception: garage sales may be held twice in one calendar year provided that: (1) merchandise is not acquired solely for the purpose of resale on the premises; (2) the duration of sale shall not exceed three calendar days; (3) signage for which shall be in conformance with the Sign Regulations Ordinance. j. Sales incidental to a service are allowed, provided that orders previously made by telephone generally are filled off the premises of the person conducting the home occupation, or at a sales party conducted off the premises of the person conducting the home occupation. k. There shall be no external evidence of the home occupation. No activity shall indicate, from the exterior of the structure, that the premises are being used for anything other than a dwelling unit. . I. The activity shall employ only residents of the location of the home occupation. m. A home occupation shall produce no offensive odor, noise, dust, smoke, fumes, glare, vibration, electrical disturbance, or heat in excess of those normally found in residential areas. n. No traffic or parking of vehicles shall be generated by a home occupation in greater volumes than normally expected in a residential neighborhood and any need for parking must be accommodated within the required off street parking for the dwelling unit. o. Child care in a registered family home will be allowed and shall be limited to the number of children allowed under applicable state law or City Ordinance. p. Any business, occupation, or activity conducted within a dwelling unit and which does not meet these characteristics shall be construed to be a commercial activity and shall be cause for the City to order a cease to all such activity within such dwelling unit." Section 4.11-4.14. Reserved. Section 4.15. Height and Area Regulations. Section 4.15.1. General Provisions. 1. Height. • a. In the districts where the height of buildings is restricted to two (2), two and one-half (2%) or three (3) stories, cooling towers, roof gables, chimneys and vent stacks may extend for an additional height not to exceed forty (40) feet above the average grade line 4.17 ALLEN LAND DEVELOPMENT CODE of the building. Water stand pipes and tank, church steeples, domes and spires and school buildings and institutional buildings may be erected to exceed three (3) stories in height, provided that one (1) additional foot shall be added to the width and depth of IJ front, side and rear yards for each foot that such structures exceed the required height. b. No structure may be erected to a height in excess of that permitted by applicable Airport Hazard zoning regulations. dential Height & Area c. Height and area regulations are set forth in (Section 41 5.2) and Non -Residential Height & Area Regulations (Seddon 4.15.3)ulations 2. Front Yards. a. No fence, walls, building or other structure shall be allowed in front yard. b. Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets. c. Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard setback shall comply with the requirements of the most restrictive district for the entire frontage. d. Every part of a required yard shall be open and unobstructed except for permitted accessory structures, and the ordinary projections of window sills, belt courses, cornices and other architectural features projecting not more than twelve (12) and roof eaves projecting not more than twenty-four (24) inches. e. No supporting member of any garage, carport or other automobile storage structure shall be located within the required front yard or within the required yard on a side street. 3. Side Yards. or or are shall have a de rd setback of a less than 25 feet. This applies utting a tto comer loots end lots located onlcul� t Any side yard sacs abutting collectors or thoroughfares. b. No accessory building or structure may be erected within three (3) feet of any rear or side property line, or be located within any public or private easement. 4. Rear Yards: Any rear yard abutting a major thoroughfare requires, in addition to the rear yard set back required by Section 4:15. of this Code, an additional fifteen -foot rear yard setback. 418 44. Z O A N N T----a � N N a O W S C W U H O m � O C n 9 W — C P y y _ E o m P N W 9 p - 'o• a c a `� y — O m W W W W C Q a $ 4 2 m EEe� n N C C e a0 O 0 0 W.'O.. C C W `p N O_ O O N m W m E^ o d a epmw 9 O N N 2 N m � O W gj n P N m'yO r�T W IL of CPj' N O a N W m v Q c c H 7 C O W y N L N= k t W W L O O C 0 C WC O `0 NO S w; t> � W G y m� mt n nC' aS a C W v a W W r m W m E— W a in C 0 2 2 N W i 0 n 2 b O m= O o'w r CO WN N W C i O W? o a O C g m n E a o u m W y c c a o 0 4-0LLm � OmiT) ZZ2 O W m M1' 0 N m N m C O fb0 O m N N r LL N N N N W N p' S m � m S tN0 T O C O O) N N Z O 1� O W= O N W m O W O W b W N N N V? O N N th 4' Q. N m w W C Z N i Q W qO 0 S S W m W C p m N C? {J d' rn m x E Y 2 W O LL O N O p N N S S W m W O N N u? O W S� O S W K W O N pp o O O O pp W 0,0- W O m u? n p m t7 N m v a- NCg �� mo¢d0 m Gomm wnwryryy wnwixeyr u W W a m C O y q W a O W S C W U H O m 9 n 9 W W W y y _ E o m N W 9 p - 'o• a c a `� y — 9 a m W W W W C Q a $ 4 2 m EEe� n N t > T C e W.'O.. N - m r W `p Q O H O V 1 O W ^ m E^ o d a epmw 9 g. W G� mS'w v d W y N H O W t �y O m m'yO r�T W O a W m O a N W m v Q c c H 7 C O W y O"b 7 L N= k t W W L O O C 0 C WC O `0 NO S w; t> U N N d B W G y m� mt n nC' aS a W v a W W r m W m E— W a in C 0 2 2 N W i 0 n 2 b O m= 3 E S na o'w r CO WN N W C i O W? o a O C g m n E a o u m W y c c a o 0 4-0LLm � OmiT) ZZ2 z 4D a__� &" %$ _m_ \/{{� ! 2 15 ��¥\ \7\;! f!!£|| }i{72 /�\$k( ! 2,l;-■n;;2§«;f \}}\\\\ �l,; m n@�■,■n;;!!!2! _ m\■m m ;\!;lan:;!§!§« 27,; § { { o;l,;!!!!!!;\!c _ kolm, n �««r®a§;qn§■:!) 00Boss 0 MCT q! q=!!!!!!mm!2 � AV k !} _ . ±2! \£ (�§k;, \\k{�\:(��®k!!•§k! §; !!i%I!}�}}/`!®ƒ:!:! Fu nnw lunmi z 4D \/{{� ! 2 15 ��¥\ \7\;! f!!£|| }i{72 /�\$k( \}}\\\\ ALLEN LAND DEVELOPMENT CODE Section 4.20. Permitted Principal & Accessory Uses . Section 4.20.1 General Provisions The use of Land and buildings listed shall be in accordance with those listed in the following Schedule of Permitted principal Uses (Section 4.20.2) and Schedule of Permitted Accessory Uses (Section 4.20.3). No land shall be used and no building or structure shall be occupied, erected, altered, removed, placed, demolished, or converted, or which is arranged or designed to be used or is used for other than those uses specified in the zoning district in which located. CJ Legend for interpreting Schedules of Permitted Principal and Accessory Uses: X Use permitted in district indicated. Use prohibited in district indicated. S Use may be permitted upon approval of Specific Use. 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Floodplain Hazard. Section 5.01.1. Purpose It is the purpose of this section to promote the public health, safety and general welfare and to minimize public and private losses due to Flood conditions in specific areas by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of public money for costly flood control projects; 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplain; 6. Assist in maintaining a stable tax base by providing for the sound use and development of flood -prone areas. 7. Insure adequate notification for purchasers of property. 8. Establish floodplain limits based on proposed fully developed watershed conditions; 11019. Preserve the existing conveyance capacity of the floodplain; 10. Allow no rise in the base flood elevation. 11. Prevent the alteration or channelization of Rowlett Creek and all tributaries draining 160 acres or more except where required for safety and public welfare; 12. Limit the maximum average channel velocities to prevent excessive erosion which are dependent on specific channel, bed, and bank treatments. 13. Preserve stands of trees and other environmental features within the floodplain. Section 5.01.2. Methods of Reducing Flood Losses. In order to accomplish its purposes, this ordinance uses the following methods: 1. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; 2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; 4. Control filling, grading, dredging and other development which may increase flood damage; 5. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. • 6. Prevents the construction of new private dwellings and regulates public and private facilities within the flood hazard area. 7. Require the platting and dedication of all land located within the 100 -year floodplain. 5.1 ALLEN LAND DEVELOPMENT CODE Section 5.01.3. Definitions. For purposes of this section, the following words and phrases shall have the meaning ascribed to such words or phrases unless the context indicates otherwise. • Alluvial Fan Flooding - flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high -velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. • Apex - point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. • Area of Shallow Flooding - a designated AO, AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a cleariy defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident and characterized by ponding or sheet flow. • Area of Special Flood Hazard - is the land in the floodplain subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM) • Base Flood - the flood having a one percent chance of being equaled or exceeded in any given year. • Base Flood -Ultimate Development - the flood having a one percent chance of being equaled or exceeded in any given year, based on a fully developed watershed. The data to be used for design and planning should be from the City of Allen Linear Greenbelt Study. • Critical Feature - an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. • Elevated Building - is a building without a basement a. With a finished floor elevation or the lowest horizontal structural member elevated above the ground level by means of pilings, columns (posts and piers), or sheer walls parallel to the floor of the water; and b. adequately anchored to maintain the structural integrity of the building during a 100 -year flood event, and c. includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters; or d. a building where the lower area is enclosed by means of breakaway walls meeting National Flood Insurance Program standards. Existing Structures - structures commenced before the effective date of the FIRM or before January 1, 1975. • Flood or Flooding- a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation or runoff of surface waters from any source. • Flood Insurance Rate Map (FIRM) - an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. • Flood Insurance Study - the official report provided by the Federal Emergency Management Agency (FEMA). 5.2 ALLEN LAND DEVELOPMENT CODE • Floodplain Management - the operation of an overall program of corrective and preventive is measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. • Floodplain Management Regulations - zoning ordinances, subdivision regulations, building codes, health regulations, and special purpose state or local regulations, which provide standards for the purpose of flood damage prevention and reduction. • Flood Proofing - any combination of structural and non-structural additions, changes, or adjustments that reduce or eliminate flood damage to property. • Floodwav (Regulatory) - the channel of a river or watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. • Highest Adjacent Grade - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. • Historic Structure - means any structure that is: a. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; b. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior, or c. Individually listed on a local inventory or historic places in communities with historic • preservation programs that have been certified either: i. By an approved state program as determined by the Secretary of the Interior or; ii. Directly by the Secretary of the Interior in states without approved programs. • Lowest Floor - the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor • Mean Sea Level - the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. • New Construction - structures commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later. • Recreational Vehicle - a vehicle which is a. built on a single chassis; b. 400 square feet or less when measured at the largest horizontal projections; c. designed to be self-propelled or permanently towable by a light duty truck; and d. not designed as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. • Substantial Damage - damage sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market ® value of the structure before the damage occurred. 5.3 ALLEN LAND DEVELOPMENT CODE • Substantial Improvement - reconstruction, rehabilitation, addition, or other improvement of a ` structure, the cost of which equals or exceeds 50 percent of the market value of the J structure, but does not include: a. improvements to correct existing violations of state or local health, sanitary, or safety code specifications; or b. Any alteration of a 'historic structure', provided the alteration does not preclude continued designation. • Variance. - a grant of relief to a person from the requirement of this ordinance when specific enforcement would result in unnecessary hardship. • Water Surface Elevation - means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where speed), of floods of various magnitudes and frequencies. Section 5.01.4. General Provisions. 1. The requirements of this section apply to all areas of special flood hazard within the City. 2. If any portion of a development a drainage course, lies within 100 feet from the top of a high bank, or is identified as located within the 100 -year Floodplain on any Federal Insurance Rate Map (FIRM), a detailed study of the area is required. If the drainage area is 160 acres or greater, then the ultimate floodplain must be established. The Floodplain Administrator may require additional technical information prior to accepting the results of any study. 3. Floodplain areas will be platted and dedicated to the City, either separately or together with the adjacent property. The City may any decline dedication of floodplain land, but may require the area to be maintained as private open space. J 4. The areas of special flood hazard identified by FEMA in a scientific and engineering report entitled, The Flood Insurance Study for Collin County, Texas and Incorporated Areas, dated January, 1996, with accompanying Flood Insurance Rate Maps and Flood Boundary- Floodway Maps (FIRM and FBFM) and any revisions thereto are adopted by reference and declared to be a part of this Code. 5. The planning and design of structures adjacent to the base flood elevation should be based on ultimate development. 6. No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the provisions of this section or without securing a Development Permit. 7. In the interpretation and application of this ordinance, all provisions shall be: a. considered as minimum requirements; b. liberally construed in favor of the governing body; and c. deemed neither to limit nor repeal any other powers granted under State statutes. Section 5.01.5. Administration. 1. The City Engineer is hereby appointed the Floodplain Administrator to administer and implement the provisions of this Code and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management. The duties and responsibilities of the Floodplain Administrator include, but are not limited to, the following: a. Maintain and make available for public inspection all records pertaining to the enforcement of this section. 5.4 ALLEN LAND DEVELOPMENT CODE b. Review all permit applications to determine whether any proposed building site, including the placement of a manufactured home, will be reasonably safe from flooding. c. Review, approve or deny applications for development permits required herein. d. Review permits for proposed development to assure that all necessary permits have been obtained from federal, state or local governmental agencies. e. Interpret the exact location of the boundaries of the areas of special flood hazards. f. Notify adjacent communities and the Texas Natural resource Conservation Commission of any proposed alteration or relocation of a watercourse, and submit evidence of such notification to the FEMA. g. Require that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. h. When base flood elevation data has not been provided the Floodplain Administrator shall obtain, review and utilize data from any reasonable source to administer the provisions of this section. i. When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development, including fill, shall be permitted within Zones AI -30 and AE on the City's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. j. Approve any development which increases the water surface elevation of the base flood by more than one foot, provided that the developer secures a Conditional Letter of Map Revision (CLOMR) from FEMA. Section 5.01.6. Permit Procedures. 1. Application for a Development Permit shall be presented to the Floodplain Administrator on forms furnished by the City and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: a. Elevation in relation to mean sea level of the lowest floor (including basement of all new and substantially improved structures; b. Elevation in relation to mean sea level to which any non-residential structure shall be flood -proofed; c . Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. 2. Approval or denial of a Development Permit by the Floodplain Administrator shall be based on all of the provisions of this section and the following relevant factors: a. The danger to life and property due to flooding or erosion damage; b. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; C. The danger that materials may be swept onto other lands to the injury of others; d. The compatibility of the proposed use with existing and anticipated development; 5.5 ALLEN LAND DEVELOPMENT CODE e. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; f. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; g. The necessity to the facility of a waterfront location, where applicable; h. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; L The relationship of the proposed use to the comprehensive plan for that area, and the guidelines contained in the Linear Greenbelt Study (Oct.1986). 3. Appeals. a. The Building & Standards Commission shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. b. Any person or persons aggrieved by the decision of the Building & Standards Commission may appeal such decision in the courts of competent jurisdiction. c. The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the FEMA upon request. d. Variances may be issued by the Building & Standards Commission for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Code. e. The Building & Standards Commission may attach such conditions to the granting of variances, as it deems necessary to further the purpose and objectives of this section. f. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. g. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. h. Prerequisites for granting variances: i. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. U. Variances shall only be issued upon, (a) showing a good and sufficient cause; (b) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (c) a determination that the granting of a variance will not result in increased flood elevation, additional threats to public safety, extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws or ordinances. REP ALLEN LAND DEVELOPMENT CODE iii. Any application for which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. Section 5.01.7. Provisions for Flood Hazard Reduction. 1. General Standards. In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements. a. Improvements will be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; b. Improvements will be constructed by methods and practices that minimize flood damage; c. Improvements will be constructed with materials resistant to flood damage; d. Improvements will be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilifles designed and/or located to prevent water from entering or accumulating within the components during conditions of flooding. e. All new and replacement water supply systems will be designed to minimize or eliminate infiltration of flood waters into the system; f. New and replacement wastewater collection systems will be designed to minimize or • eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, g. On-site waste disposal systems shall be located to avoid impairment or contamination during flooding. 2. Specific Standards. In all areas of special flood hazards where base flood elevation data has been provided, the following is required: a. Residential Construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including the basement) to twenty-four inches above the base flood elevation. A registered professional engineer, architect or surveyor shall certify to the base slab or lowest structural member. b. Nonresidential Construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to eighteen inches above the base flood level or together with attendant utility and sanitary facilities, and be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) • to which such structures are flood -proofed shall be maintained by the Floodplain Administrator. 5.7 ALLEN LAND DEVELOPMENT CODE Enclosures. New construction and substantial improvements, with fully enclosed areas Wow the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood -waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: i. a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; ii. the bottom of all openings shall be no higher than one foot above grade; iii. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 3. Floodways. The following provisions apply to floodways: 1. Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the City during the occurrence of the base flood discharge and FEMA has approved a Conditional Letter of Map Revision (CLOMR). 2. Any construction or substantial improvements will comply with the flood hazard reduction provisions of this Section. 5.8 ALLEN LAND DEVELOPMENT CODE . ARTICLE VI SPECIAL ZONING PROVISIONS Section 6.01. Specific Use Permits. Section 6.01.1. Purpose. Speck Use Permit allows uses compatible with other permitted uses, provided the uses meet the specific criteria established by the city under this section. The City Council may, by an affirmative vote, after public hearing and proper notice to all parties affected, in accordance with State law, and after recommendation from the Planning and Zoning Commission that the use is in general conformance with the Comprehensive Plan of the City, and containing such requirements and safeguards as are necessary to protect adjoining property, authorize the granting of a Specific Use Permit. Section 6.01.2. Permitted Uses. A Specific Use Permit may be granted for those uses indicated by "S" in the Schedule of Permitted Principal Uses (Section 4.20.2) Section 6.01.3. Approval Process and Procedure. a. Application shall be accompanied by a Site Plan meeting the requirements of Section 6.04 of this Code. The City shall make available application forms specifying drawing requirements. The Director of Planning & Development, Planning and Zoning Commission or City Council may require additional information or drawings (such as building floor plans), operating data and expert evaluation or testimony concerning the location, function and characteristics of . any building or use proposed. b. In recommending that a Specific Use Permit for the premises under consideration be granted, the Planning and Zoning Commission and City Council shall determine that such uses are compatible with building structures and uses of abutting property and other property in the vicinity of the premises under consideration and shall make recommendations as to the requirements for approval. In approving a requested Specific Use Permit, the Planning and Zoning Commission and City Council may consider the following: I. Whether the use is compatible with surrounding existing uses or proposed uses; ii. Whether the uses requested by the applicant are normally associated with the permitted uses in the base district; iii. Whether the nature of the use is reasonable; iv. Whether any negative impact on the surrounding area has been mitigated; v. That any additional conditions specked ensure that the intent of the district purposes are being upheld. Section 6.01.4. Specific Use Permit Requirements. a. In granting a Specific Use Permit, the Planning and Zoning Commission and City Council may impose conditions that shall be complied with by the owner or grantee before a Certificate of Occupancy may be issued by the Building Official for the building(s) on such property. Such conditions are precedent to the ® granting of the Certificate of Occupancy. Any special conditions shall be set forth in writing and made a part of the granting ordinance. A timeline may be imposed as a condition upon the granting of a Specific Use Permit. If a time limit expires, 911 ALLEN LAND DEVELOPMENT CODE unless the ordinance granting the Specific Use Permit provides for the renewal of the Specific Use Permit, the applicant shall follow the procedures in Section 2.06A to renew the Specific Use Permit. b. No Specific Use Permit shall be granted unless the applicant, owner and grantee of the Specific Use Permit shall be willing to accept and agree to be bound by and comply with the written requirements of the Specific Use Permit, as attached to the Site Plan drawing (or drawings) and reviewed by the Planning and Zoning Commission and approved by the City Council. c. A building permit or Certificate of Occupancy shall be applied for and secured within six (6) months from the time of granting the Specific Use Permit, provided however, that the Director of Planning & Development may authorize an extension not to exceed six (6) months. After six (6) months from the date of approval has lapsed, unless extended by the Director of Planning & Development, the Planning and Zoning Commission and City Council may review the Site Plan for compliance. If the Site Plan is determined to be invalid, the property owner(s) must submit a new or revised Site Plan for approval prior to any construction or application for building permit for the area designated for the Specific Use Permit. A public hearing is required for consideration of the new Site Plan. d. No building, premise, or land use under a Specific Use Permit may be enlarged, modified, structurally altered, or otherwise significantly changed unless an amended Specific Use Permit is granted for such enlargement, modification, structural alteration, or change. Minor changes or alterations may be approved by the Director of Planning & Development, which do not alter the basic relationship of the proposed development to adjacent property, the uses permitted, increase the density, building height, coverage of site, off-street parking ratio, or area regulations provided such changes are not contrary to the approved conditions. e. The Board of Adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the granting, extension, revocation, modification or any other action taken relating to such Specific Use Permit. f. When the City Council authorizes granting of a Specific Use Permit, the Zoning Map shall be amended according to its legend to indicate that the affected area has conditional and limited uses, said amendment to indicate the appropriate zoning district for the approved use and suffixed by an "S" designation. 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: I. Amusement, Commercial — Outdoor, including country, swimming or tennis clubs ii. Automobile Sales and Repair iii. Bus Stops, Stations or Terminals iv. Churches, temples, rectories located in residential Zoning Districts V. Fueling Stations 1, (a) Gasoline pump islands may not be located nearer than eighteen (18) feet CV ALLEN LAND DEVELOPMENT CODE to the street right -of- way or to any adjacent property line. i(b) Underground fuel tanks may not be located under designated fire lanes. (c) A fuel truck maneuvering schematic is required. vi. Heliports and Helistops vii. Hospitals viii. Hotels (a) Building Design. The following requirements apply to full-service Hotels, limited service Hotels and suite Hotels: (i) Accessibility. A guest room shall be accessible only from an internal hallway and the internal hallway shall be accessible primarily from a central lobby area contained within the Hotel. (ii) Exterior Walls. Each exterior walls regardless of the number of stories, excluding doors, windows and window units shall be composed of: 1) at least seventy-five percent (75%) primary masonry materials such as brick, stone, hand -laid tile (laid unit -by -unit), or veneer of such materials having the appearance of hand -laid units; 2) not more than twenty-five percent (25%) secondary masonry, materials that is exterior insulation and finish systems composed of natural aggregates and synthetic binders having a minimum applied thickness of % inches, exposed aggregate, glass block or decorative . concrete masonry units other than flat -gray block; and 3) not more than ten percent (10%) non -masonry materials. (b) Site Facilities. (i) Number of Rooms. A full-service Hotel and a suite Hotel shall have at least 100 guest rooms. (ii) Meeting Rooms. A full-service Hotel shall have at least 4,000 square feet of meeting room space. A limited service Hotel shall have meeting rooms of at least 700 square feet in area. The meeting rooms shall be equipped with a sink and a coffee bar. (iii) Swimming Pools. All Hotels shall have a swimming pool of at least 800 square feet of surface area. (iv) Restaurants and Food Service. A full-service Hotel shall have full food and beverage service. Suite and limited service Hotels shall have either full or limited food and beverage service. 1) Full Food and Beverage Service: is defined as providing three meals per day, and have on-site, a restaurant with table service provided primarily by waitpersons, seating for at least thirty customers, and full menu service offering multiple entrees with on-site food preparation (full food and beverage service). 2) Limited Food and Beverage Service: is defined as providing food and beverage service for fewer than three meals per day 6.3 ALLEN LAND DEVELOPMENT CODE (c) Parking and Circulation. The following requirements apply to all Hotels: (i) In addition to required parking for any additional component of the Hotel such as meeting rooms and restaurants, parking shall be provided at the ratio of 1.25 parking spaces per guest room for full service hotels and 1.0 space per guest room for limited service and suite hotels. (ii) An attached, covered, drive-through area adjacent to the Hotel lobby or main desk shall be provided for the temporary parking of vehicles during guest registration or checkout. (iii) All parking areas shall be illuminated by lighting standards having a minimum illumination intensity of 2.0 foot-candles measured at ground level. (d) Screening. In addition to any other screening and landscaping requirements imposed by the Code of Ordinances and this Code, all Hotels shall provide screening of ground -mounted dish antennas, satellite earth stations, parabolic or spherical antennas, and any other device or assemblage of devices designed to transmit and/or receive signals to or from orbiting satellites, HVAC (other than HVAC equipment serving an individual unit), mechanical equipment and auxiliary power equipment by means of a masonry screening wall or a wrought -iron (tubular steel) fence with a living screen, either of which shall be of sufficient height to block visibility of the equipment from view from the street. (e) Site Access. Primary access to the site shall be from freeway access roads, major arterials, or internal service roads serving commercial development. Secondary access shall be from streets classified as major collectors, arterials, freeway access roads, or internal service roads serving commercial development." ix. Laboratories — all Bio -safety levels (a) An emergency management and contingency plan shall be required. (b) Detailed information concerning materials handling and waste disposal shall be required. X. Mini -warehouses and Self Storage Facilities (a) Caretaker office and residence required. (b) Detailed design schematics are required. (c) Owner shall prohibit the storage of hazardous or toxic materials. A. Motorcycle Sales (a) Sale of parts and accessories permitted, provided no installation or repair is allowed in LR -Local Retail or SC -Shopping Center Zoning Districts. (b) Test driving of new or used motorcycles shall not be permitted on any premises within 100 feet of any "R" residential zoning district. xii. Nursing and convalescent homes not located in CF -Community Facilities Zoning Districts xiii. Outdoor Display or Storage, including facilities for the care of animals and livestock (a) Outdoor display shall require a minimum of a twenty (20) foot front yard building line for such display purposes and display of products may not cover more than 6.4 ALLEN LAND DEVELOPMENT CODE thirty (30) per cent of such front yard area. . (b) Outdoor display will not be permitted in any area designated for customer parking or located within any pedestrian access, except as a temporary use. (c) Detailed drawings of proposed screening for Outdoor Storage is required. xiv. Target Range xv. Teen Club b. The application shall be on a form provided by the city and shall be accompanied by a Site Plan drawn to scale and meeting the requirements of Section 6.09 of this Code. Section 6.01.6. Revocation of Specific Use Permit. A Specific Use Permit may be revoked by the City Council for failure to meet the conditions, following notice and hearing. Section 6.02. SPECIFIC USE PERMITS (Conditional). Section 6.02.1. Purpose. A Specific Use Permit (Conditional) allows uses compatible with other permitted uses which meet the criteria established by the city for Private Clubs and Restaurant/Private Club, for firearms and explosives sales and service and for uses otherwise requiring a Specific Use Permit located on leased premises. Section 6.02.2. Applicability. 1. A Specific Use Permit (Conditional) authorizing the sale of alcoholic beverages or the sale and service of firearms is issued to the person or entity holding the required state and/or is federal licenses and is not transferable. Failure to maintain valid state and/or federal licenses shall void the Specific Use Permit (Conditional). 2. Specific Use Permits (Conditional) issued to allow uses for leased premises shall expire at the termination of the lease or at such time as the holder of the permit fails to meet the conditions of the Permit or the occupancy changes. Section 6.02.3. Private Clubs and Restaurant/Prlvate Clubs. Section 6.03.1. Geographic Locations. a. Private Clubs must, and Restaurant/Private Clubs may, be located between State Highway 121 and Ridgeview Drive, between Highway 75 and Watters Road, Corridor Commercial District, contiguous Light Industrial or Office District of 30 or more acres, or in a country dub. b. Restaurant/Private Clubs may also be allowed in the following use districts (a) CBD (Central Business District) (b) CC (Corridor Commercial District) (c) SC (Shopping Center) at intersections of two major thoroughfares whose dghtof-way requirements are 60 feet or more. (d) O (Office) District with contiguous 30 or more acres. (e) LI (Light Industrial), GI (General Industrial), or HI (Heavy Industrial) District with contiguous 30 or more acres. • (f) PD (Planned Development) 6.5 ALLEN LAND DEVELOPMENT CODE c. A Specific Use Permit (Conditional) for Private Clubs or Restaurant/Private Club may be granted in zoning districts indicated by "C" in the Schedule of Permitted Primary Uses. Private Clubs or RestaurantlPrivate Clubs shall also be located three hundred (300) feet or more from any single family residentially zoned district, the property line of a public or parochial school, or the front door of any nonprofit or not for profit hospital or church. This distance shall be measured by according to applicable state law. Section 6.03.2. Operational Regulations. a. A Private Club may provide inside service only with no drive-in, curb service, drive- through service, or outdoor service, of any kind. b. A Restaurant/Private Club may provide drive-in, curb service or drive-through service for food sales only. Outside serving areas will be allowed. Any outside serving area must be accessed through the main restaurant. The City of Allen reserves the right to require appropriate screening of outdoor dining areas to hinder the vision from adjacent uses. c. Serving bars in Private Clubs or Restaurant/Private Clubs shall not be visible to the outside public from the closest street right-of-way. d. Any club or lounge room shall be designed such that patrons can only enter from an area within the primary use; i.e., lobby, waiting area, dining room, etc. Emergency exits direct to the outside are permitted. e. There shall be no exterior signs or window signs advertising the sale of alcoholic beverages, provided this does not prohibit using established trademark. a. The operator shall maintain a valid state license for the sale of alcoholic beverages. Section 6.03.3. Site Plan and Interior Design. 1n/ b. A Site Plan shall accompany all applications for Private Clubs and Restaurant/Private Clubs c. A Private Club or RestaurantlPrivate Club shall submit a floor plan including location of all waiting areas reflecting the kitchen, storage and serving areas for all food and alcoholic beverages, and dance floor. d. The City may impose additional conditions to protect the health, safety, and general welfare of the community. Section 6.03.4. Food/Beverage Ratio applicable to Restaurant/Private Club. a. Revenues from the sale of alcoholic beverages in a Restaurant/Private Club shall not exceed thirty percent (30%) of the gross revenues derived from the sale of food and beverages. b. Hotels and motels, the gross receipt shall include all restaurant and club operations in the facility, as well as room rental charges. c. The City shall be provided with copies of appropriate reports submitted to state agencies within thirty (30) days of the end of each quarter. Also, any other information that may be required by the City to determine the alcoholic beverage/food ratio shall be submitted within thirty (30) days of the end of each quarter. d. The City may audit the average of combined sales as reflected on these reports for the last two quarters to determine if the sale of alcohol exceeds the maximum allowed percentage specified for an average of two consecutive quarters. The Restaurant/Private Club shall have two more consecutive quarters to bring the average ratio into compliance with City ordinances. If at the end of two additional quarters, the ratio is still not in compliance with City ordinance, the Council, after notification and M ALLEN LAND DEVELOPMENT CODE hearing, may revoke the Specific Use Permit. 4, Section 6.03.5. Firearms and Explosives Sales and Service. a. The sale and servicing of firearms or explosives shall require approval of a Specific Use Permit (Conditional). b. The sale of firearms shall be prohibited within 1,000 feet of any school. c. The storage of flammable or explosive materials is subject to the approval of the Fire Marshal. Section 6.04. TEMPORARY USE PERMITS. The following temporary uses may be allowed under the conditions and for the time specified upon proper application and review by the Director of Planning & Development: 1. A temporary building may be used as a construction office if it is located within the same subdivision, contains no living quarters, and provides for no uses not incidental to construction on the premises. Such building shall be removed within thirty (30) days following final acceptance of the construction by the City. Additional temporary construction buildings and storage trailers may be allowed for nonresidential subdivisions with the approval of the Director of Planning & Development. 2. A temporary sales office may be located within the approved residential subdivision. This office should be used for display purposes in order to enhance the sales of residential structures within the said subdivision. No more than one (1) sales office shall be allowed for any one builder in any subdivision, unless a model home park is developed. Such temporary use shall be allowed for a period of one (1) year, with extensions upon application and approval of six (6) months possible provided the builder has unsold lots remaining in the subdivision, and the office continues to be in use and properly maintained. 3. A temporary model home park may be allowed for the display and sales of residential structures within the subdivision. A site plan shall be provided and shall conform to the following requirements: a. All temporary fencing shall be on private property. b. All City sidewalks shall be installed. c. Temporary fencing shall include openings for fire access or, if gated, shall be constructed with Fire Department approved locks. d. All temporary walks and parking lots shall be shown on the site plan. e. All evidence of the temporary facilities shall be removed upon expiration of the permit and prior to a request for conversion of the Certificate of Occupancy to a single family use. 4. Temporary uses of a religious or philanthropic nature by those organizations not normally conducting business for profit may be allowed for the period of their actual duration up to a maximum of forty-five (45) days, except that one (1) extension of up to forty-five (45) days may be possible upon application and approval. 5. Temporary sales of seasonal products such as firewood, plants, fruits and vegetables and the like may be allowed during their normal and generally accepted season subject to the following provisions: IL a. Issuance of permits for temporary outdoor sales of seasonal products shall be limited to areas zoned for retail or commercial uses; 6.7 ALLEN LAND DEVELOPMENT CODE b. Two permits, or one permit plus one renewal, of up to thirty (30) days each, upon application, fee and approval, during any twelve (12) month period. The site shall be vacated completely and cleaned between the issuance of new permits. c. A Site Plan is required with an application showing the following: i. Set backs, a minimum of twenty (20) feet from all property lines. ii. If the use is to occupy a paved area currently used for parking, then the parking that this use displaces must not be required parking for the existing commercial uses. A minimum of five parking (5) spaces for the temporary use must be provided on site. The required parking for the existing retail or commercial use shall not be used to satisfy this parking requirement for the temporary use. d. The area for display shall be no more than 200 square feet, being generally square or rectangular in shape, with a maximum length of 25 feet and a minimum width of 8 feet. Examples would be 10 x 20 feet, or 8 x 25 feet. e. Charitable, religious, educational or public service, civic organizations are exempt from all fees. I. This provision does not apply to the outside storage, display, or sale of new goods, products adjacent to the main building of existing retail establishments, provided that such goods, products or merchandise shall not extend more than five (5) feet from the wall of the main building and shall not extend more than five (5) feet in height, and provided further that there shall be at least five (5) feet in width of unobstructed sidewalk remaining. g. All tents or similar temporary structures shall be approved by the Fire Marshall, prior to erection. h. This provision does not apply to temporary outdoor services such as mobile blood banks, mammography screening, eye screening, or similar medical services for humans. I. The application for a temporary use shall also include a true copy of the sales tax permit which designates the City as point of sale. j. Temporary sales of fruits and vegetables for off -premise consumption, shall be allowed however, the products must remain whole, and not cul or opened in any manner. 6. Temporary Sales of Christmas Trees during the normal and generally accepted season subject to the following provisions: a. Issuance of permits for temporary outdoor sales of Christmas trees shall be limited to areas zoned for retail or commercial uses, or any church properly; b. Sales may not begin prior to November 15r; c. Sale site must be cleaned and vacated by January 1°.; d. Sales activities shall be set back a minimum of twenty (20) feet from all property lines; e. A Site Plan is required with an application showing the following: I. Set backs, a minimum of twenty (20) feet from all property lines. ii. If the use is to occupy a paved area currently used for parking, then the parking that this use displaces must not be required parking for the existing commercial uses. A minimum of five parking (5) spaces for the temporary use must be provided on site. The required parking for the existing retail or commercial use shall not be used to 1 satisfy this parking requirement for the temporary use. •/ 6.8 ALLEN LAND DEVELOPMENT CODE f. All tents or similar temporary structures shall be approved by the Fire Marshall, prior to • erection. g. The application for a temporary use shall also include a true copy of the sales tax permit which designates the City of Allen as point of sale. h. Fees for temporary use permits for Christmas trees shall be $100.00 per permit. Local churches and non-profit civic groups are exempt from fees. i. A permit for Christmas tree sales shall be allowed in addition to the two permits, or one permit and one renewal, allowed under Subsection 1. above. j. Carnival, circus, fairgrounds, parking lot sales, sporting events, political rallies and the like may be allowed, provided the use conforms to all other codes and standards established by this and other ordinances, and may be allowed for a period not to exceed thirty (30) days. 7. The Director of Planning & Development shall consider the nature of the use; existing uses in surrounding areas; noise, dust, light, and traffic generated by the proposed use; health and sanitary conditions; and compliance with other regulations within this ordinance or other City ordinances. The Director of Planning & Development shall have the right to revoke any temporary use permit at any time or to deny any extension upon finding that a hazard or nuisance shall exist by continuing such use; after which revocation or denial such temporary use shall immediately cease and shall be removed within ten (10) days of notification of such finding. Section 6.05. Site Plan Approval. •Section 6.05.1. Purpose - Site Plan approval is intended to ensure efficient and safe land development, compatible use of land, compliance with appropriate design standards, safe and efficient vehicular and pedestrian circulation, parking and loading, and adequate water supply, drainage, and other utilities. Section 6.05.2. Applicability. No building permit shall be issued for the following unless a Site Plan is first approved by the City. 1. Any non-residential development. 2. Any multi -family development or mobile home park. 3. Any development with two (2) or more buildings per platted lot. 4. Any Planned Development, Speck Use or Temporary Use Permit No building permit shall be issued except in conformance with the approved Site Plan including all conditions of approval. No certificate of occupancy shall be issued unless all construction and development conform to the approved Site Plan as approved by the City. A public hearing on a Site Plan is not required except in conjunction with a Specific Use Permit or when required by a Planned Development. Section 6.05.3. Site Plan details - The Site Plan shall be drawn to scale and shall include the following information: 1. Location of proposed building(s) and structures 2. On- and off-site circulation (including truck loading and pickup areas). Public streets, private drives and fire lanes with pavement widths, right-of-way, median openings, tum lanes (including storage and transition space), and driveways (including those on adjacent property) with dimensions, radii, surface type, and distances between driveways. M] ALLEN LAND DEVELOPMENT CODE 3. Parking areas and structures, including the number of parking spaces provided and required, and layout of standard spaces, handicap spaces, the location of ramps, crosswalks and loading areas with typical dimensions and surface type. 4. Grading Plan 5. Screening (including heights and materials) 6. Owners name, address, and phone number 7. Design fine, contact person, address, and phone number 8. Zoning (list special conditions, heighttsetback area regulations) 9. Setbacks as required by zoning 10. Lot area (acreage and square footage) 11. Building square footage (for each floor) 12. Floor Area Ratio (FAR) (building square footage divided by land square footage) 13. Building height (stories and feet) 14. Type and location of exterior lighting and photometric analysis for such lighting if required by the Director of Planning & Development 15. Concrete sidewalks 16. Dumpster and trash compactor locations and screening W. Location of off-site improvements including adjacent drives, existing and proposed median cuts, parking, buildings or other structures within 200 feet of subject property 18. Indicate adjacent property subdivision name/owner, property lines, zoning. 19. A tree survey prepared by a certified arborist or landscape architect, which includes the following information: • Name, address and phone number of preparer • Caliper of all trees six (6) inches or larger • Location and common name of species of trees on the site • Identification of all trees to be removed • Identification of caliper, height, common name of species, and location of trees that are to be used as replacement trees • Identification of caliper, common name of species, and location of existing trees that are to be used for credits 20. Building elevations drawn to scale for new construction or existing facility where facade is being altered identifying the exterior construction materials. 21. Landscape Plan, with proposed landscape materials. 22. Suoolemental recuirements - The Director of Planning & Development may require other information and data for specific Site Plans including but is not limited to traffic analysis, road capacities, hours of operations, perspective drawings, lighting, and similar information Section 6.05.4. Review Standards. The Director of Planning & Development shall review the Site Plan for the following: 6.10 11 ALLEN LAND DEVELOPMENT CODE 1. Compliance with all provisions of the Code, the objectives of the Comprehensive Plan, the Major Thoroughfare Plan and other ordinances of the City. 2. The Director of Planning & Development or designee shall review and approve, approve with conditions, or deny all Site Plans except for Specific Use Permits, Specific Use Permit (Conditional), Planned Development Districts or other districts requiring public hearings. 3. Appeals. The applicant may appeal any decision of the Planning Director to the Planning and Zoning Commission within thirty (30) days after the written request for appeal is made. The decision of the Planning and Zoning Commission may be appealed to the City Council, whose decision shall be final within thirty (30) days. 4. Site Plan approval shall expire if construction has not commenced within one (1) year of the date of final approval. The Director of Planning & Development shall have the authority to approve minor modifications of an approved Site Plan, provided that such modifications do not materially change the circulation, building locations or any conditions specifically made as part of any City Council approval. 6.11 i i ALLEN LAND DEVELOPMENT CODE ARTICLE VII ZONING DEVELOPMENT STANDARDS Section 7.01. Purpose. The standards are intended to establish minimum design criteria for all non-residential construction. Section 7.02. Applicability. The standards for design apply to all non-residential structures and multi -family structures except as otherwise provided, and to all parking structures and lots within the city. Section 7.03. Non -Residential Design Standards. Section 7.03.1. Parking Garages. Section 7.03.2. Exterior Facade Materials. Parking garages shall have architecturally finished facades, complementary to the surrounding buildings. Street front openings in parking structures shall not exceed 55% of the facade area. Where possible, the narrow facade of the parking garage should be oriented to the street to minimize its visual impact. 1. All main building exterior wall construction materials that are exposed shall be constructed of stone, brick, tiles, glazing, framed glazing, concrete masonry units, cast concrete, concrete stucco, etc. Synthetic stucco (such as Exterior Finish and Insulation System (E.F.I.S) may be utilized as an architectural accent material, not to exceed 25% of the exterior surface of any building facade. 2. Glazing, doors, windows and door frames, roof system trim, mansards, and similar visible exterior architectural treatments shall be made of materials which complement construction materials. 3. Materials that are deemed questionable by City staff may be submitted along with appropriate materials questions to the Board of Adjustment for final decision. 4. Accessory buildings shall be constructed of materials that complement the main structure. 5. When rear facades are visible from adjoining properties and/or a public right-of-way, they shall be of a finished quality and consist of colors and materials that blend with the remainder of the building's primary fagade(s). 7.1 ALLEN LAND DEVELOPMENT CODE Section 7.03.3. Roof Top Mechanical Equipment. All roof -mounted equipment including, but not limited to, fans, vents, air conditioning units and cooling towers shall be screened so as not to be visible at ground level from adjacent properties and/or public rights-of-way, including elevated thoroughfare sections. 1. Overall screening height shall be the height of the highest element of roof -mounted equipment. scREEwi ROOFTOI 2. The outside of the screening device, If MEI RFOURF independent of the building facade, shall be painted or otherwise finished in a similar color to the color of the building facade, trim, or roof surface, whichever color is more effective in minimizing the visibility of the equipment and screen from ground level. Section 7.03.4. Outdoor Lighting. 1. Outdoor illuminating devices shall be installed in accordance with this Section. 2. Definitions a. Outdoor light fixtures shall mean outdoor artificial illuminating devices, installed or portable, used for flood lighting, general illumination, or advertisement. Such devices shall include, but are not limited to, search, spot, flood, and area lighting for. 1. Buildings and structures, ii. Recreational facilities, it. Parking areas, iv. Landscape lighting, v. Outdoor advertising displays, billboards, signs, vi. Public and private street lighting, and vii. Walkway lighting. b. Class I Lighting shall mean all outdoor lighting used for, but not limited to: i. Outdoor sales areas, it. Recreational facilities and assembly areas, it. Eating areas, iv. Repair areas, v. Advertising displays, vi. Billboards and other signs, and vii. Similar application when color rendition is important. C. Class 11 Lighting shall mean all other outdoor lighting including, but not limited to illumination for: i. Walkways, ii. Roadways, iii. Equipment yards, iv. Parking areas, v. Outdoor security, and vi. Similar application when color rendition is not important. d. Fully Shielded shall mean outdoor light fixtures shielded or constructed so that all light rays emitted by the fixture are projected below the horizontal plane passing 7.2 IJ J ALLEN LAND DEVELOPMENT CODE ` through the lowest point on the fixture from which light is emitted, nearly 100% cut- 46 type, as evidenced by the manufacturer's photometric data. e. Partially shielded shall mean shielding so that the lower edge of the shield is at, or below, the centerline of the light source or lamp so as to minimize the light transmission above the horizontal plane, or at least ninety percent (90%) of the emitted light projects below the horizontal plane as evidenced by the manufacturer's photometric data. f. Unshielded shall mean fixtures lacking any means to restrict the emitted light to below the horizontal plane. 3. General Requirements a. Generally, the Preferred source for all outdoor lighting shall be high pressure sodium or metal halide lamps and fixtures. b. Shielding shall be required in all installations except as specified herein. - C. Hours of operation shall be complied with in all installations, except as otherwise provided. d. Outdoor advertising displays, billboards, and signs, not exclusively illuminated internally, may only utilize illuminating devices mounted on the top of the advertising display structure. All such fixtures shall comply with all other provisions of this Section. e. Architecturally decorative light fixtures. Shielding requirements may be reduced in consideration for the aesthetics and theme style lighting. . f. Glare. Exterior lights shall be constructed in a manner consistent with the Property Maintenance Code requirements (see Property Maintenance Code Section E, Glare) and shall be located so as to not produce direct illumination across the bounding property line. All outside lights shall be made up of a light source and reflector so selected that acting together the light beam is controlled and not directed across any bounding property line above a height of three (3) feet. h. Outdoor advertising signs constructed of translucent materials and wholly illuminated from within do not require shielding. g. Outdoor advertising signs constructed of translucent materials and wholly illuminated from within do not require shielding. h. The allowable light sources and the requirements for shielding light emissions for outdoor light fixtures shall be as set forth in the following table: 7.3 ALLEN LAND DEVELOPMENT CODE LAMP TYPE CLASS 1 LIGHTING (Color rendition important) CLASS II LIGHTING (Color rendition unimportant) Low Pressure Sodium Prohibited Prohibited High Pressure Sodium Partially or Fully Shielded Fully Shielded Metal Halide Fully Shielded Fully Shielded Mercury Vapor (color corrected only) Fully Shielded Prohibited Fluorescent Partially or Fully Shielded Fully Shielded Incandescent (over 150 watts per fixture) Partially or Fully Shielded Prohibited Incandescent under 150 watts per fixture) Partially or Fully Shielded Partially or Fully Shielded Any Light Source 50 watts and under Unshielded Permitted Unshielded Permitted Low Intensity Neon,or Krypton, or Argon Discharge Tubes Unshielded Permitted Unshielded Permitted 4. Approval Authority. The Building Official shall approve lighting of all private facilities, to include, but not limited to, private parking lots, and buildings. 5. Hours of Operation. a. Class 11 lighting may be operated anytime (walkways, roadways, equipment yards, parking areas, and outdoor security). b. Class I lighting used for illumination of: I. Outdoor sales and eating areas, on-site advertising, assembly areas, repair areas, and businesses may be operated during the hours that the facilities are open to the public; it. Off-site advertising displays and billboards or signs may be operated from dusk to 11:00 p.m. only; unless fully shielded and pointed downward. iii. Recreational and sporting areas may operate from dusk to 11:00 p.m., except to conclude a speck recreational or sporting event or similar activity which was in progress prior to 11:00 p.m. 6. Prohibitions. a. Laser source light and strobe lights and similar high intensity light sources for advertising or entertainment shall not be projected above the horizontal plane, unless a permit is obtained for spec events and time frames. b. Searchlights Not permitted (See Article XI - Sign Control). C. Inoperative and obsolete lighting fixtures may not be modified, replaced, or upgraded without complying with this Section. 7.4 J 'J ALLEN LAND DEVELOPMENT CODE •d. Low-pressure sodium lamps are prohibited. 7. Exemptions a. Permanent Exemptions i. Navigation and airport lighting required for the safe operation of boats and airplanes; ii. Emergency lighting by police, fire, and rescue authorities; iii. Gas lighting. b. Temporary Exemptions i_ The Building Official or his designee may approve temporary exemptions from the requirements of this section provided that the duration of the approval shall be for not more than thirty (30) days from the date of approval. No outdoor light fixtures shall be exempt from the requirements of this section for more than ninety (90) days during any twelve (12) month period. ii. Requests for renewal of exemptions shall be processed in the same way as the original request. 9. Parking Lot and loading Area Lighting a. The mounting height of luminary fixtures shall not exceed the following: Minimum Dimension Maximum Luminary of Parking Area Mounting Height . 0 - 60 feet 14 feet 61-196 feet 20 feet 197 or greater feet - 25 feet b. Standards, poles and fixture housings shall be of a single color, compatible with the architecture of the building. c. Minimum pole standards shall be square, straight steel painted dark bronze with an anchor base except as may be otherwise approved by the Commission. d. Luminaire type shall be TXU Electric standard rectangular metal with High Pressure Sodium Lamps. All electric utility service facilities shall be underground. e. All lighting fixtures shall be fully shielded. 10. Non-residential Walkway Lighting a. The mounting height of luminary fixtures shall not exceed 12 feet. b. Pole and wall -mounted fixtures mounted above 6 feet shall be fully shielded. 11. Non-residential Accent Lighting a. Lighting maybe used to highlight landscape elements, building entries or other important architectural elements, and site elements such as opaque signage, fountains and sculptures. • b. Lighting shall be concealed or otherwise positioned in such a manner that the light source cannot be seen from any property line of the site on which the light is located. rk7 ALLEN LAND DEVELOPMENT CODE 12. Non-residential Security Lighting J a. Pole and wall -mounted fixtures mounted 6 feet or more above surrounding grade shall be fully shielded. b. If a rear yard security light is mounted higher than 10 feel, it shall be placed at the property line and directed away from adjacent properties. Section 7.03.5. Utility Services 1. All utilities, including, but not limited to, electrical, gas, and telephone shall be placed underground, except that electrical transmission and main feeder lines (12.5 or more Kilovolts) may be located overhead. 2. Utility meters and other utility apparatus, including, but not limited to transformers, shall be located to the rear of the structure unless adequately screened from view of public streets and adjoining properties. Adequately screened from view shall include screening, as well as the utilization of landscaping and other site elements. 3. All required screening shall meet clearances required by affected utility companies. Wall - mounted equipment, including meters (such as banks of electric meters on the rear or side wall of multi -tenant buildings), shall be screened from public streets by one of the following methods. a. Landscaping, including trees or evergreen shrubbery. b. Masonry walls in conjunction with landscaping. '•w c. Wall -mounted screening devices, such as cabinets or partitions which are architecturally compatible with the facade. Section 7.04 Off -Street Parking & Loading. Section 7.04.1 Vehicle Parking. In all districts there shall be provided at the time any building or structure is erected or structurally altered, off-street parking spaces in accordance with the following requirements: 1. Rules for Computing Number of Parking Spaces. In computing the number of parking spaces required for each of the above uses the following rules shall govern: a. "Floor Area" shall mean the gross floor area of the specific use. b. Where fractional spaces result, the parking spaces required shall be constructed to the nearest whole number. c. The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature. d. Whenever a building or use constructed or established after the effective date of this Ordinance is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this Ordinance is enlarged in floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein. 7.6 ALLEN LAND DEVELOPMENT CODE . e. In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately. 2. Location of Parking Spaces. All parking spaces required herein shall be located on the same lot with the building or use served, except as follows: a. Where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required spaces may be located not to exceed three hundred (300) feet from an institutional building served and not to exceed five hundred (500) feet from any other non-residential building served. b. A maximum of fifty (50) percent of the parking spaces required for theaters, bowling alleys, dance halls, night clubs, cafes, or similar uses, and a maximum of eighty (80) percent of the parking spaces required for a church or school auditorium or similar uses (known as Use A), may be provided and used jointly by similar uses not normally open, used or operated during the same hours as those listed under Use A; provided, however, that written agreement thereto is properly executed and filed as specked below. c. In any rase where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes, shall be property drawn and executed by the parties concerned, approved as to form by the City and executed by the parties concerned, approved as to form by the City Attorney and shall be filed with the application for a building permit. . 3. Stacking and Queuing Requirements i staff may require a traffic st a. Cry y q udy to determine (Length in feet) the stacking and queuing requirements for such Less than 50 18 r9 50 to 200 50 uses that induce, but are not limited to, service 78 I. o�..,l".aF16r. stations, drive-through restaurants, drive-in banking, etc. a m. b. Driveway stacking length is the distance between the street right-of-way line and the near side of the first intersecting interior aisle or parking stall. The minimum length of driveway stacking shall be as .W r r.= follows: No. of Spaces Minimum Stacking • (Per Driveway) (Length in feet) Less than 50 18 r9 50 to 200 50 More than 200 78 o�..,l".aF16r. 7.7 ALLEN LAND DEVELOPMENT CODE PARKING REQUIREMENTS '1 70411 7.8 J J V PARKING SPACES PER z w m PLUS/ FOR SQUARE USE E 0 �+ _ FOOTAGE GREATER THAN qq O J C 9y O N C O LJLuu IL Y u 9 9 6 v u m 2,000 m m m 2 Plus 1/ 00 sq. ft.>2r000" ACID MANUFACTURE ADULT BOOKSTORE 200 ADULT DAY CARE 10 >2,000 AMENITY CENTER 1 300 AMUSEMENT, COMMERCIAL (INDOOR) 100 AMUSEMENT, COMMERCIAL (OUTDOOR) 150 18 ANTIQUE SHOP APPAREL 8 RELATED MANUFACTURE 200 2.000 Plus 1/300 s . ft.>2,000• AUDITORIUM 2 4 300 > 1,000 sq. ft. AUTO PAINTING OR BODY SHOP > 1,000 sq. ft. AUTO PARTS SALES 2 2 300 300 > 1,000 sq. ft. AUTOMOTIVE REPAIRS, MAJOR 1,000 sq. ft. >1s/T506 AUTOMOTIVE REPAIRS, MINOR 2 300 5 0 or 1/1,000 sq. ft of lot area AUTOMOTIVE SALES 8 SERVICE 2,000 Plus 1/300 W. n.> ,000' BAKERIES (WHOLESALE) BAKERY OR CONFECTIONERY 200 BANKS AND FINANCIAL INSTITUTIONS 300 BAR - SEE PRIVATE CLUB 150 BED S BREAKFAST 2 1 BICYCLE SHOP/REPAIR SER 200 BOARDING HOUSE OR ROOMING HOUSE 2 1 BOAT DISPLAY SALES AND REPAIR 2 300 >3,000 sq. ft. BOAT STORAGE 2,000 BOOK, CARD OR NOVELTY SHOPS 200 BOTTLING WORKS 8 DISTRIBUTION 2,00 BOWLING ALLEY 6 BUILDING MATERIALS SALES 2,000 BUILDING MATERIALS SALES 2.000 BULK HANDLING FACILITY 2,00 CAR WASH 200 CARPENTRY, PAINTING SHOP $000 CEMENT, LIME. GYPSUM MANUFACTURE 2,00 CHEMICALS 8 ALLIED PRODUCTS 2,000 CHURCH, TEMPLE OR RECTORY 3 , CLINIC, MEDICAL 250 COAL, COKE OR WOOD YARD 2,000 4 or 8/Classroom whichever is COLLEGE OR UNIVERSITY >2,000 sq. ft. COMMUNITY CENTER 10 30 CONGREGATE RESIDENCE 2 CONSTRUCTIONOFFICE (TEMPORARY) 2 CONVALESCENT HOME 6 CONVENIENCE STORE 200 um of tacillities COUNTRY CLUB 30 Plus 2/Classroom DAY CARE FACILITY DEPARTMENT OR DISCOUNT STORES 200 DRUG STORE OR PHARMACY 200 DRUGS, PHARMACEUTICAL MFG. 2,000 DWELLING, CONDOMINIUM 2.5 DWELLING,MULTI-FAMILY(APARTMENn 2.5 DWELLING, SINGLE-FAMILY (ATTACHED) 2 DWELLING, SINGLE-FAMILY(DETACHED) 2 7.8 J J a 11 ALLEN LAND DEVELOPMENT CODE PARKING REQUIREMENTS Section 7.04.1. USE t i J J W G $ C Y IL PARKING SPACES PER 3 m = O y p C J y LL • 9 3 9 N li b el 0 PLUS/FOR SQUARE o FOOTAGE GREATER THAN m 2 DWELLING, TWO-FAMILY 2 PUBLIC 6 EQUIPMENT RENTAL 200 FABRICS OR NEEDLEWORK SHOP 200 FAIRGROUNDS OR RODEO FAMILY HOME FARM IMPLEMENT SALES AND SERVICE 2 300 >1,000 sq. ft. FAT RENDERING, ANIMAL REDUCTION 2,000 FITNESS AND HEALTH CENTER 100 FLORIST 200 FOOD PROCESSING (HEAVY) 2,000 FOOD PROCESSING (LIGHT) 2,000 FORGE PLANT 2,000 FRATERNAL ORG., LODGE, CIVIC CLUBS 200 FUELING STATION 6 200 > 1,200 sq.feet FUNERAL HOMES AND MORTUARIES FURNITURE/APPLIANCE SALES 2 300 >1,000 sq. ft. GOLF COURSE 3 GROCERY STORE, SUPERMARKET 200 Firearms Sale and Service 200 GYMNASTICS/ATHLETICS FACILITY 100 or 4/Fired seating HARDWARE STORE 2 300 > 1,000 sq.feet HEAVY MACHINERY SALESISTORAGE 2,000 HELIPORT 10 HELISTOP 6 HOSPITAL 1 Plus 1/Employee on largest HOTEL (Full Service) 1.25 HOTEL (Limited Samos) 1 KEY SHOP, LOCKSMITH 200 LABORATORIES, SCIENTIFIC 2,000 LAUNDRY, SELF-SERVICE 200 COMMERCIAL 2,000 LAUNDRY/CLEANING, RETAIL W/PICK UP 300 LAUNDRYIDRY CLEANING, PICK-UP ONLY 300 LAWN EQUIPMENT SALES & REPAIR 2 300 >1,000 sq. feet MACHINE SHOP OR WELDING 2 300 >1,000 sq. feet MAINTENANCE & STORAGE FACILITIES 2,000 MANUFACTURED OR MOBILE HOME PARK 1 Plus additonal spaces based on accesso uses MANUFACTURING, HEAVY 2,000 MANUFACTURING, LIGHT 2,000 SERVE MINI -WAREHOUSES IMPLEMENT DISPLAY & SALES 2 300 > MONUMENT SALES 2 300 >1,000 sq. feet MOTOR CYCLE SALES & SERVICE 200 MOTOR FREIGHT TERMINAL 2,000 (PUBLIC) 10 300 >2,000 square feet NURSERY, RETAIL PLANT (Indoor Space) 200 OFFICE SHOWROOWWAREHOUSE Uses additive OFFICE USE 300 7.9 ALLEN LAND DEVELOPMENT CODE PARKING REQUIREMENTS ctla7041 w 7.10 j E V PARKING SPACES PER d L z e 8 a PLUS/FOR SQUARE USE21 t7 V w = e FOOTAGE GREATER THAN z E m C O N O C O. O LJY % O O • O O LL N LL m m m T PARK OR PLAYGROUND (PUBLIC) PAWN SHOPS 200 PEST CONTROL SERVICE 200 REFININGISTORAGE 2,000 PLAYFIELD OR STADIUM 4 ESTABLISHMENT 2,000 PRIVATE CLUB 100 RADIO OR TV BROADCAST STUDIO 200 RAILROAD FREIGHT STATION REAL ESTATE SALES OFFICE (TEMP.) 300 Plus any additional uses RECREATION CAMP 1 RECREATION CENTER (PUBLIC) 300 RENTAL, AUTO, TRAILER, TRUCK RESTAURANT (DRIVE-IN OR THROUGH) 100 THROUGH) 100 RESTAURANTIPRIVATE CLUB 100 RETAIL STORE 200 4 or S/Classroom whichever is SCHOOL, BUSINESS AND TRADE 5 or assroom whichever is 1/Cl SCHOOL, Elementary 4 or S/Classroom whichever is SCHOOL. Secondary SIGN SHOP 300 SMELTING OF ORES OR METALS 2,000 Plus any atltlitional uses STABLE 10 STOCKYARDS OR SLAUGHTERHOUSE 2,000 SWIM OR TENNIS CLUB 10 4 SWIM POOL (PUBLIC) 10 4 TARGET RANGE (INDOOR) TATTOO STUDIO (Res.#1512-7-97(R)) 200 TEEN CLUB 100 THEATER 2 300 4 >1, 0 s . R. TIRE RECAPPING TRUCK SALES AND REPAIR - NEW 2,000 TRUCK STORAGE 2,000 2 300 >1,000 sq. It. UPHOLSTERY SHOP VETERINARY HOSPITAL OR CLINIC 20 WAREHOUSEMISTRIBUTION CENTER I2,000 YARD I2.000 7.10 j E ALLEN LAND DEVELOPMENT CODE 4. Minimum Dimensions for Off -Street Parking. • a. Ninety (90) Decree Angle Parking - Each parking space shall be not less than nine (9) feet wide nor less than eighteen (18) feet in length, except in a single-family residential district where each parking space shall be not less than eight (8) feet wide nor less than eighteen (18) feet in length. Maneuvering space shall be in addition to parking space and shall be not less than twenty-four (24) feet perpendicular to the building or parking line. b. Sixty (60) Decree Angle Parking - Each parking space shall be not less than nine (9) feet wide perpendicular to the parking angle nor less than seventeen (17) feet in length when measured at right angles to the building or parking line, except in a single-family residential district where each parking space shall be not less than eight (8) feet wide nor less than seventeen (17) feet in length. Maneuvering space shall be in addition to parking space and shall be not less than twenty (20) feet perpendicular to the building or parking line. c. Forty-five (45) Degree Angle Parkins - Each parking space shall be not less than nine (9) feet wide perpendicular to the parking angle nor less than sixteen (16) feet in length when measured at right angles to the building or parking line, except in a single-family residential district where each parking space shall be not less than eight (8) feet wide nor less than sixteen (16) feet in length. Maneuvering space shall be in addition to parking space and shall be not less than eighteen (18) feet perpendicular to the building or parking line. d. When off-street parking facilities are located adjacent to a public alley the width of said • alley may be assumed to be a portion of the maneuvering space requirement. e. Where off-street parking facilities are provided in excess of the minimum amounts herein specified, or when off-street parking facilities are provided but not required by this Ordinance, said off-street parking facilities shall comply with the minimum requirements for parking and maneuvering. 5. Parking Lot Construction Standards. All parking lots shall be constructed of 5" reinforced Portland cement concrete over compacted soil subgrade. All required fire lanes shall be constructed of concrete in accordance with the City of Allen Design Standards. Alternative materials such as brick, pavestone, or similar materials may be allowed upon approval by the Director of Planning. Section 7.04.2. Off -Street Loading. 1. Every building or part thereof erected or occupied for retail business, service, manufacturing, storage, warehousing, hotel, mortuary, or any other use similarly involving the receipt or distribution by vehicles of materials or merchandise, shall provide and maintain on the same premises loading space in accordance with the following requirements: a. For retail, commercial, sales, service, or industrial use buildings and establishments, off-street loading facilities shall be provided in accordance with the following schedule: Square Feet of Minimum Required Gross Floor Area Spaces or Berths 0 to 10,000 None 10,001 to 50,000 1 • 50,001 to 100,000 2 100,001 - to 200,000 3 Each Additional 100,000 1 Additional 7.11 ALLEN LAND DEVELOPMENT CODE b. For hotels, office buildings, restaurants, and similar establishments, off-street loading facilities shall be provided in accordance with the following schedule J Square Feel of Minimum Required Gross Floor Area Spaces or Berths 0 to 50,000 None 50,001 - 150,000 1 150,001 to 300,000 2 300,001 to 500,000 3 500,001 to 1,000,000 4 Each additional 500,000 1 Additional c. Loading facilities located on the side of a building but not facing a street shall be set back from the front property line a minimum distance of sixty (60) feet. d. Driveways, aisles, maneuvering areas, and truck berths shall be designed to accommodate the largest vehicles that would normally be expected to use those particular driveways, aisles, maneuvering areas and truck berths. e. Whenever possible, the site should be designed for counterclockwise circulation of large trucks as left turns and left-hand backing maneuvers are easier and safer since the driver's position is on the left-hand side of the vehicle. f. All parking, loading and maneuvering of trucks shall be conducted off-street on private property. g. Required passenger vehicle parking shall not be allowed within the truck dock apron I.W space. 2. Screening of Loading Areas a. Truck loading berths and apron space should not be located on the street side of any building. b. In those instances where three or more sides of the building face dedicated streets, loading berths and apron space may be located at the rear or side of the building. This loading area must be screened from view of the abutting streets for a minimum of 35 feet as follows: i. by a combination of permanent architectural and landscape elements such as walls, berms, trees and shrubs; ii. and shall meet the construction standards of the Screening Section of these Development Standards, to the height of the top of the dock door but no greater than 12' above the truck dock apron; and iii. shall, when viewed at a perpendicular angle from the street screen the truck berths completely, except for driveway opening(s). c. No loading dock or service bay doors shall be constructed on any portion of front wall or on a side or rear wall within one hundred feet (100') of U.S. 75, SH 121, and SH 5 right- of-way, or within 60 feet of any front property line, adjacent to any other street. 7.12 ALLEN LAND DEVELOPMENT CODE Section 7.05. Landscaping Requirements. . The provisions of this section: 1. Establish standards for landscaping of non-residential and multi -family development and surface parking lots. 2. Establish tree -planting requirements for new single family residential development. 3. Provide for reduction hydrocarbons to improve air quality. 4. Provide for reforestation of the urban area. Section 7.05.1 Standard Planting Materials. 1. Minimum caliper for trees required under this section is 3" 2. Minimum height required: a. Shade trees: seven feet (7'-0"). b. Ornamental trees: eight feet (8'-0") 3. Materials and planting standards must meet the American Association of Nurseryman, Inc., "American Standard for Nursery Stock" (latest addition) Section 7.05.2. Multi -family District & Non-residential Landscaping Requirements. These standards shall apply to all multi -family and non-residential districts and to any area within a planned development district containing less restrictive landscaping standards. 1. The minimum landscaping area for the following multi -family and nonresidential districts shall be not less than ten percent (10%) of the area of the site: MF -12 Multi -family MF -18 Multi -family CBD Central Business District LR Local Retail Sc Shopping Center LC Light Commercial GB General Business CC Corridor Commercial OT Office Technology TR Technology Research IT Industrial Technology LI Light Industrial HI Heavy Industrial 2. The minimum landscaping area for the following non-residential districts shall be not less than fifteen percent (15%) of the area of the site: GO Garden Office O Office OT Office Technology 3. Landscaping Along Street Rights -of Way a. A fifteen foot landscape buffer strip shall be required adjacent to the right-of-way line of all dedicated public streets with a right-of-way of 100 feet or more, except when adjacent to United States Highway 75 and State Highway 121, where it shall be 25 feet in which no building structure or parking shall be permitted. b. Along dedicated public streets with less than 100 feet of right-of-way, the landscape buffer strip shall be a minimum of ten feet wide. • 4. Landscape Buffer Planting Requirements: 7.13 ALLEN LAND DEVELOPMENT CODE a. For lots with less than 50 feet of street frontage, one (1) shade tree per lot is required to be installed in the landscape buffer strip. b. For lots with greater than 50 feet of street frontage, but less than 100 feet of frontage, one (1) shade tree for each 33 feet of street frontage or portion thereof and one (1) ornamental Vee for every two (2) shade trees is also required. c. For lots with greater than 100 feet of street frontage, one (1) shade tree for every 40 feet of street frontage, or portion thereof and one (1) omamental tree for every two (2) shade trees is also required. Exception: The requirements for a landscape buffer and tree planting may be modified in the CBD by the Planning & Zoning Commission with an approved landscaping plan allowing for adequate pedestrian circulation and handicap access. 5. Surface Parking Lot Landscaping a. Planting requirements: I. Retail Uses: One (!)shade tree and one (1) ornamental tree for every forty (40) parking spaces shall be planted from the outside edge of the parking lot and dispersed within the parking lot area. ii. Non -retail Uses: One (1) shade tree and one (1) ornamental tree for every thirty (30) parking spaces shall be planted, a starting from the outside edge of the parking lot, distributed J such that one (1) tree per twenty (20) spaces is distributed in the parking lot and the remainder dispersed within the building site. iii. Required parking greater than 200 parking spaces shall be MINIMUM TREE ISLAND subdivided into separate parking areas of not more than 200 spaces. These parking areas shall be separated by a landscaped area with a minimum width of ten (10) feet. iv. Curb stops are required to prevent damage to landscape buffer and plantings by motor vehicles. A landscape buffer expanded by two (2) feet may substitute for the installation of curb stops. v. No parking space shall be more than fifty (50) feet from any tree. vi. Parking lot islands at the ends of rows shall be a minimum of eight (8) feet wide. vii. Landscape areas shall be no less than four (4) feet wide and minimum of sixteen (16) square feet in area. viii. If the parking lot is located 50 feet or more from the street right-of-way, no shrubs or berms shall be required unless needed for a headlight screen. ix. The required width of landscaped buffer may be reduced by up to 50% during plan ] review when public improvements are necessary. V x. All landscaped areas shall have fully automated underground irrigation systems. 7.14 ALLEN LAND DEVELOPMENT CODE A. All landscaped areas shall be protected by a raised six (6) inch concrete curb. 4( Pavement shall not be placed closer than the drip line of the tree at the time of 6W installation, unless a root barrier approved by the Director of Parks & Recreation is utilized. xii. Where an existing parking area is altered or expanded to increase the number of spaces to more than twenty (20) parking spaces, interior landscaping shall be provided on the new portion of the lot in accordance with the above standards. 6. Landscaping For Corner Lots - Comer lots at the intersection of two major or larger thoroughfares shall comply with the following landscaping requirements in addition to the required plantings for the landscaped buffer and parking lot landscaping: a. A minimum 20 foot wide landscaped buffer shall be located along all street rights-of- way beginning at the comer and extending 175 feet or to the closest driveway. Beyond this point, the landscaped edge may be gradually reduced (over a distance of 25 feet) to 15 feet in width; b. Where the City Traffic Engineer has determined the need for a right -turn lane, the landscaped edge may be reduced to a minimum of 10 feet (see Section 8.05.03. Thoroughfare Design Standards); c. A minimum landscaped area of 900 square feet shall be located at the intersection comer of the lot. This landscaped area shall be provided within an area measured a minimum distance of 40 feet from the projected comer of the intersection on both sides of the lot. No trees shall be planted in this area. • 7. Landscaping/Screening for Parking Lots Adjacent to Residential Areas - Where parking is within 50 feet of property zoned for residential purposes and is not otherwise screened from View, a continuous screen of evergreen shrubs (5 gallon minimum) of not less than 42 inches in height shall be planted a minimum of four (4) feet on center adjacent to the parking lot. 8. Additional requirements for multi -family districts: a. In addition to the required landscaped buffer, eight (8) square feet of landscaping for each parking space shall be provided within the parking lot to include one (1) shade tree per ten (10) parking spaces, and b. One (1) shade tree per 1,000 square feet of required open space shall be provided. Section 7.05.3. Tree Planting Requirements for New Single-family Residential Development (Attached and Detached). These standards shall apply to all new attached and detached single family residential development and to any area within a planned development district containing less restrictive landscaping standards: 1. Two (2) shade trees shall be planted for each dwelling unit. 2. All required trees shall be planted prior to request for final building inspection of the dwelling unit. Section 7.05.4. Landscape Maintenance Requirements —All Districts. 1. All plant material shall be maintained in a healthy and growing condition, and must be replaced with plant material of similar variety and size if damaged, destroyed, or removed. . 2. Landscaped areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the landscaping. 7.15 ALLEN LAND DEVELOPMENT CODE 3. Except in single family (attached or detached) districts, an automatic irrigation system must be installed in all required landscaped areas and all front yards along thoroughfares with a right-of-way in excess of eighty feet (80'-0"). 4. Any person desiring to install and maintain landscaping materials and irrigation facilities Within the City right-of-way must first enter into and execute a "Median Right -of -Way Landscape and Irrigation Agreement" with the city. 5. Entryway or amenity features within City right-of-way shall be developed under the responsibility of a Homeowners Association or Commercial Property Owners Association. Documents in accordance with Section 8.20 Mandatory Homeowners' Association of this Code. 6. Diameters of existing trees are measured at 4 feet above grade. If the tree is on a slope, measurement shall be from the high side of the slope. Measure above unusual swells in the trunk. 7. To determine the diameter of a multi -trunk tree, measure all the trunks; add the total diameter of the largest trunk to %: the diameter of each additional trunk. Diameter measurements should be accurate to the nearest 1/2 inch. Trees may be measured with a caliper, cruise stick, standard tape measure or diameter tape Section 7.05.5. Landscape/Irrigation Plan Approval. 1. The applicant shall submit landscape and irrigation plans with all applications for non- residential, multi -family and retirement housing building permits. 2. The applicant shall submit landscape/irrigation plans for areas which include public right-of- ways, parks, and greenbelts to the Department of Parks & Recreation. The city shall provide the applicant with a landscape/irrigation review checklist and shall evaluate the appropriateness of the landscape and irrigation plan and may approve them, or approve them subject to stipulations. 3. The applicant shall submit "As Built" plans for areas which include public right-of-ways, parks, and greenbelts drawn to scale. 4. No building site developed prior to May 5, 1996 is required to conform to the requirements of this section unless: a. the site is being redeveloped; or b. there is an increase in the existing square footage of building area of twenty-five percent (25%); or c. there is reconstruction of an existing parking lot. Section 7.06. Tree Preservation. Section 7.06.1. Applicability. This section applies to all trees in the City, except trees on single family lots and duplex lots which have received a final inspection. Section 7.06.2. Tree Removal Permits. No person, directly or indirectly, may cut down, destroy, remove or effectively destroy through damaging, any tree within the City without first obtaining a Tree Removal Permit, as provided in this section. 1J 7.16 ALLEN LAND DEVELOPMENT CODE 1. Damaged Tree Permit. The City must issue a Tree Removal Permit for a Protected Tree, If the Owner requests a Tree Removal Permit and the Protected Tree is: • injured, dying, diseased or infested with harmful insects to the extent that it is not likely to survive; or • is in danger of falling, interfering with utility service or creates an unsafe vision clearance; or • in any manner creates a hazardous or dangerous condition so as to endanger the public health, welfare or safety; or • an Arborist certifies that one or more of the foregoing conditions exist; and • the City inspects the Tree and is satisfied that the foregoing conditions are met. 2. Dangerous Conditions. If the Owner determines that an emergency situation exists that requires the immediate removal of a tree to protect the safety of persons or property, then the Owner may remove the tree only to the extent necessary to eliminate the dangerous situation without a Tree Removal Permit. However, the Owner must immediately apply for a Tree Removal Permit. Removal of a tree under this section shall require the Owner to comply with the mitigation requirements of this Section. 3. Denial of an application for Tree Removal Permit or any application of this section may be appealed to the Board of Adjustment. 4. The trees to be removed pursuant to a Tree Removal Permit shall be completely removed from the site within 90 days after the date on the Tree Removal Permit. The Tree Removal Permit may be extended one time for an additional 30 days. If the work is not completed 01 within the time limit, then a new Tree Removal Permit must be applied for and issued before the work can continue. Section 7.06.3. Calculation of Tree Credits. 1. Credits for Tree Preservation. a. For every Protected Tree that is preserved as part of a development, the Owner shall receive Tree Credits, according to the following chart. 6 to 12 caliper inches, 1 credit for each caliper inch 12.1 to 24 caliper inches, 1Y: credits for each caliper inch Over 24 caliper inches, 2 credits for each caliper inch b. Tree Credits for trees preserved under this section shall be applied at a maximum rate of one-third for a residential development and one-half for a commercial development. c. The City may approve a healthy Unprotected Tree over 12 caliper inches for Tree Credits if the Vee is located outside the flood plain. 2. Negative Credits for Tree Loss. a. For every Protected Tree removed, including Fence Row Trees, the Owner shall receive negative Tree Credits, according to the following chart: 6 to 12 caliper inches, 1 negative credit for each caliper inch 12.1 to 24 caliper inches, 1% negative credits for each caliper inch Over 24 caliper inches, 2 negative credits for each caliper inch b. For any healthy Unprotected Tree over 12 caliper inches located outside the flood plain, the Owner shall receive negative Tree Credits calculated at one-half of the caliper inches for such tree it the city determines that the tree should be preserved. 7.17 ALLEN LAND DEVELOPMENT CODE 3. Credits for Replacement Trees. a. Provided that the trees are of a species identified as Overstory Trees in Appendix C, Trees planted as part of the landscape buffer planting and parking lot landscaping shall qualify as Replacement Trees. b. Only one (1) of the required trees planted on a residential lot pursuant to Section 7.05.4. qualifies as a Tree Credit. c. Each Replacement Tree allowed as a credit must survive in a full healthy state for at least three years. The Owner shall replace any tree allowed as a Credit if dies during the three-year period following planting. This obligation shall be evidenced in the Tree Mitigation Agreement between the Owner and the city. 4. Calculation. The Owners total Tree Credits shall be calculated in accordance with the following: Total Tree Credits for Protected Trees preserved, plus Total Tree Credits for healthy Unprotected Trees preserved, less Total healthy desirable Unprotected Trees removed; plus Total Tree Credits for Replacement Trees planted, less Total negative Tree Credits for Protected Trees removed. Section 7.06.4. Replacement of Trees. 1. If the total Tree Credits is a positive number, then there is no obligation to replant Trees under Section 7.06, unless Protected Trees exceeding 15 caliper inches shall be removed. The Owner must replace Protected Trees exceeding 15 caliper inches as follows: Tree Size (In caliper inches) Minimum Replacement Size (in caliper inches) Over 15 but less than 20 10 Over 20 15 2. If the total Tree Credits is a negative number, Owner must enter into a Tree Mitigation Agreement with the City specifying the obligations of the Owner prior to issuance of a Certificate of Occupancy or at the time public improvements are accepted by the city for maintenance, including: a. The Owner must plant Protected Trees to equal or exceed the Tree Credit number. b. The City may allow the Owner to plant the Replacement Trees within public parks and rights-of-way selected by the city. J c. The Owner may elect to defer the planting of the required Replacement Trees through the escrow of funds to cover the City's cost of planting the Replacement Trees at a later time. The City shall determine the cost of Replacement Trees based on the average cost per caliper inch for planting a Tree with a one year replacement guarantee. Section 7.06.5. Guidelines for Tree Protection. The Owner shall adhere to the following tree protection measures on all building sites: 1. Prior to construction or land development, all Protected Trees shall be clearly marked; 2. A protective fence shall be erected around each Protected Tree or group of Protected Trees IMIJ at least beyond the drip line of such Tree; VAM ALLEN LAND DEVELOPMENT CODE • 3. During construction, no access is permitted within the protective fence for any purpose, except cleaning trash that has entered the area; 4. No attachments or wires of any kind, other than those of a protective nature and approved by the Parks & Recreation Department, may be attached to any Protected Tree; 5. Any grade changes, retaining walls, tree wells or other construction activity within ten feet of the drip line of a Protected Tree shall require approval of the Director of Parks & Recreation or his designee. Section 7.06.6. Fence Row Tree Preservation. 1. The Owner shall preserve all Fence Row Trees in a residential development by providing a 15 -foot protected area centered seven and one-half foot on each side of the centerline of the Fence Row Trees. 2. The Owner shall preserve all Fence Row Trees in non-residential developments by providing a 15 -Toot protected area centered seven and one-half foot on each side of the centerline of the Fence Row Trees, unless the Planning & Zoning Commission determines that the location of the Fence Row Trees in the non-residential development is such that the property cannot be developed because of the Fence Row Trees. 3. Except as provided below, the Owner shall not remove Fence Row Trees within the protected area for the purpose of installing utility lines, digging trenches (including irrigation trenches), pouring alley paving, or constructing, erecting or placing any structures. Fence Row Trees may only be removed to provide access to an existing alley on the other side of the Fence Row. However, these Fence Row Trees shall accrue negative Tree Credits as part of the development. • 4. The Building Official or his designee shall approve all residential fences proposed to be located in the protected area. Section 7.06.7. Special Provisions for Agriculture/Open Space Property. This section applies to real property having an Agriculture -Open Space zoning district classification, or having an agricultural exemption for taxation purposes. 1. There is no requirement that the Owner comply with the mitigation provisions of this ordinance at the time of the tree removal. However, the property is still subject to the development requirements at such time as development occurs and the Trees removed shall be counted as part of the Tree Credits. The Owner must provide a notice in the real property records acknowledging the obligation to mitigate the Tree removal. 2. No Tree Removal Permit may be issued under this section of the ordinance for any trees that are Fence Row Trees or are Historic Trees. Section 7.06.8. Historic Tree Preservation. No Tree Removal Permit may be issued for a Historic Tree unless the Owner establishes that preserving the Historic Tree constitutes an unreasonable financial hardship on the Owner. Appeals from this determination shall be to the Board of Adjustment. Section 7.07. Fences & Walls. In any residential district or along the common boundary between any residential or non- residential district where a wall separation is erected, or where a screening wall or fence is required as provided herein, the following standards shall be observed: 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 7.19 ALLEN LAND DEVELOPMENT CODE height above the adjacent grade. No fence, walls, structures or buildings shall be allowed in the front yard. b. Any fence, wall, or living plant screen erected or placed behind the minimum required front yard line may be erected or maintained to a maximum height of eight (8) feet above the adjacent grade. c. No fence, screen, wall or other visual barrier shall be placed in such a manner as to obstruct the vision of motor vehicle drivers approaching any street intersection. At all intersections, clear vision shall be maintained across the comer for a distance st feet back from a projected curb line comer along both intersecting streets. (See Figure 1.) d. No fence, screen, wall or other visual barrier shall be placed in such a manner as to obstruct the vision of motor vehicle drivers approaching any alley intersection. At all intersections of an alley with a street, clear vision shall be maintained across the corner for a distance of 20 feet back from a projected curb line comer along the intersection of the alley and street. Figure 1. 2. Construction of Screening Walls or Visual Barriers a. When screening walls are required by this Code, an approved eight (8) foot masonry wall, or alternate design approved by the Commission, shall be required. b. No living plant walls shall be allowed in city right-of-way. c. Subdivision or Development Entry walls shall be located within a dedicated easement of not less than five feet (5'-0") in width at a location approved by the city. No structure shall be permitted which obstructs visibility within the public rights-of-way. d. Traffic barriers shall be a minimum of three and one-half feet (42") in height and approved by the City Traffic Engineer where two streets are in close proximity to each; or an alley is adjacent to City of Allen park land or open space; or an alley is adjacent to a street. (See Figure 2. and 3) e. The construction of all screening walls, entry walls, and traffic barrier standards shall conform to the Appendix E. Construction Details - Paving and shall be equally finished on both sides of the wall. Walls or entry features constructed on public right- of-way shall be included in a two-year maintenance bond, and shall be maintained by the developer Figure 2. during this period. After the city accepts public improvements, the mandatory Homeowners' Association required pursuant to Section 8.20. of this Code shall be responsible for maintenance. 7.20 1: ALLEN LAND DEVELOPMENT CODE Street or Figure 3. Ale Sidewalk g. All required screening shall meet clearances required by affected utility companies. Wall -mounted equipment, including meters (such as banks of electric meters on the rear or side wall of multi -tenant buildings), shall be screened from public streets by one of the following methods. 1. Landscaping, including trees or evergreen shrubbery. ii. Masonry walls in conjunction with landscaping. iii. Wall -mounted screening devices, such as cabinets or partitions that are architecturally compatible with the facade. • 3. Utilities a. All utilities, including, but not limited to, electrical, gas, and telephone shall be placed underground, except that electrical transmission and main feeder lines (12.5 or more Kilovolts) may be located overhead. b. Utility meters and other utility apparatus, including, but not limited to transformers, shall be located to the rear of the structure unless adequately screened from view of public streets and adjoining properties. Adequately screened from view shall include screening, as well as the utilization of landscaping and other site elements. 4. Screening Walls or Visual Barriers Required. A screening wall shall be erected or placed in all locations and in accordance with the following provisions: a. A screening wall must be eight (8) feet in height and composed of masonry, aluminum or wrought iron. The masonry material must have no openings constituting more than forty (40) square inches per square foot of surface area (approximate openings = 28%). Wrought iron is allowed concomitant with landscaped screening. b. All openings in the wall shall be equipped with gates equal in height and equivalent screening characteristics. c. All approved screening walls must be erected prior to the issuance of a Certificate of • _ Occupancy. d. All screening walls shall be maintained in a neat and orderly manner as a condition of use. Failure to adequately maintain such screening wall is cause for revocation of the 7.21 ALLEN LAND DEVELOPMENT CODE Certificate of Occupancy. e. Screening walls or visual barriers are required adjacent to existing residential uses and shall be placed and maintained by the property owner at the following locations: I. Along any property line or district boundary between any single-family detached or attached or any two-family use and any multi -family, mobile home park, commercial, or industrial use, but not across a dividing street between such uses. it. Along any property line or district boundary between any multi -family use and any commercial or industrial use, but not across a dividing street between such uses. iii. All allowed open storage or materials, equipment, or commodities shall be screened from view from all streets. Materials, equipment, or commodities shall be stacked no higher than one (1) foot above the lop of the screening wall or visual barrier. iv. Garbage, trash, or refuse containers shall not be located in front of the main building, and shall be screened from view of the public. V. All wrecking yards, junkyards, or salvage yards shall be screened on all sides. vi. All loading facilities facing any street shall be screened from view from the street. vii. An alternative to these provisions may be allowed, or additional provisions required by the Planning & Zoning Commission or City Council. Section 7.08. Performance Standards. 1. All Residential Districts permit uses allowed in more restrictive residential districts. E.g. uses permitted in R4 Single Family Residential Districts are permitted in R-5 Single Family Residential Districts. 2. All uses shall be conducted wholly within an enclosed building and required yards shall not be used for display, sale or storage of merchandise or for the storage of vehicles, equipment, containers or waste material unless otherwise specifically provided or as approved with a Spec Use Permit. 3. No fence, structure, or planting higher than three and one-half (3%) feet above the established street grades, nor any tree with foliage extending below ten (10) feet above the established street grades, shall be maintained within twenty (20) feet of any street intersection. 4. In all zoning districts, any permitted principal or accessory use shall conform in operation, location and construction to the performance standards administered by County, State or Federal agencies. All uses, including those which may be allowed by PD- Planned Development District or S.U.P. — Specific Use Permit, shall conform to the appropriate standard for noise, smoke and particulate matter, odorous matter, fire, explosive hazard, toxic and noxious matter, vibration and glare. a. Noise. I. A person shall not conduct any use that creates a noise level that exceeds the standards established in this section. it. Noise will be measured with a sound level meter or octave band analyzer meeting , the standards prescribed by the American Standards Association. iii. Traffic, aircraft and other background noises are not considered in measuring noise ALLEN LAND DEVELOPMENT CODE levels except when such noises are generated on and as a result of the uses subject to investigation for possible noise violations. iv. For purposes of this section, the base zoning district within a Planned Development District shall establish the land use classification for purposes of this section. v. The requirements of this section do not apply to: a) Noises not directly under control of the property user. b) Noises emanating from construction and maintenance activities during daytime hours. c) Noises of safety signals, waming devices and emergency pressure relief valves. vi. At no point at the bounding property line of any use shall the sound pressure level of any daytime operation or activity exceed the following standards: Zoning District or Land Use Classification Ma>amum Permissible daytime Decibel Limit Residential (R1 through R7, MH, MF18, MF24, 2F, TH) 56 dBA Non-Residenfial (LR, I.C. GB, SC, GO, O, OT, TR, IT) 63 dBA Corridor commercial and Industrial (CC, U. HI) 70 dBA • vii. The maximum daytime noise levels shall be adjusted by (a) Subtracting 7 dBA for noise present during night-time hours; (b) Subtracting 7 dBA for noise that is impulsive (meter reading changes at a rate greater than 10 dBA/second) (c) Adding 10 dBA when Noise "on time" of no more than And "Off time" between successive "on times" of at least Decibels added to permitted noise Iaval 0.5 minutes 30 minutes 10 dBA 5.0 minutes 60 minutes 10 dBA 10.0 minutes 120 minutes 10 dBA 20.0 minutes 240 minutes 10 dBA "Off time" is when the level of the primary noise measured does not exceed that of the background noise by more than 5 dBA. b. Fire and Exolosive Hazard Material: i. No use involving the manufacture or storage of compounds or products which decompose by detonation except that chlorates, nitrates, perchlorates, phosphorous and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when 7.23 ALLEN LAND DEVELOPMENT CODE approved by the Fire Department. 1 ii. The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents and petroleum products shall be permitted only when such storage or use is approved by the Fire Department. c. Toxic and Noxious Matter - No operation or use shall emit toxic or noxious matter exceeding ten per cent (10 . 0f the threshold concentration or exposure for an industrial worker as set forth by the Texas State Department of Health (Threshold Limit Values Occupational Health Regulation No. 3), as it may be amended from time to time. d. Vibration - No operation or use shall create earth -born vibration which exceeds the following displacement in the frequency ranges specified: Frequency (in cycles/second) Displacement (in inches) 0 to 10 0.0010 1I0 to 20 0.0008 20 to 30 0.0005 30 to 40 0.0004 40 and Over 0.0003 e. Smoke and Particulate Matter - No operation or use in any district shall cause, create or allow the emission or release for more than three minutes in any one hour any air contaminants which, at the point of emission or within the bounds of the property are: I. In violation of the standards specified by the Texas Natural Resource Conservation Commission (TNRCC). it. Of such opacity as to obscure an observer's view to a degree equal to or greater than that prescribed in a. above, unless the presence of uncombined water is the only reason for failure to comply or when the emission or release is contained in a manner preventing escape into the outside atmosphere. iii. The emission of particulate matter from all sources shall not exceed 0.5 pounds per acre of property within the plant site in any one hour. iv. Open storage and open processing operations, including on-site transportation movements displacing airborne dust or other particulate matter such as paint spraying, grain handling, sand or gravel processing or storage, or sand blasting, generating particulate matter in concentrations exceeding four (4) grains per one thousand (1,000) cubic feet of air. f. Odorous Matter: I. No use or operation shall create a nuisance by generating odors found to be offensive to the public as established by the American Society for Testing Materials A.S.T.M.D.(Standard Method for Measurement ofOdorin Atmospheres). g. Waste Materials - No use or operation shall discharge into the open onto the ground or into any drainage way, open pit or pond, any waste materials, liquids, residue or by- products for storage, decomposition, disposal or fill. Section 7.09. Sign Regulations. (Reserved) ] 1 7.24 ALLEN LAND DEVELOPMENT CODE ARTICLE VIII SUBDIVISION REGULATIONS Section 8.01. Purpose. • To protect and provide for the public health, safety, and general welfare of the community. • To guide the future growth and development of the City, in accordance with the Comprehensive Plan. • To guide public and private development in order to provide adequate and efficient transportation, water, sewage, and other public and private requirements and facilities. • To establish reasonable standards of design and procedures for subdivision and resubdivision and to further the orderly layout and use of land. • To ensure safety from fire, flood and other danger, and to prevent overcrowding of the land and undue congestion of population. • To provide for the circulation of traffic and pedestrians required for the beneficial use of land and buildings and to avoid congestions throughout the city. • To ensure that adequate public facilities and services are available and will have sufficient capacity to serve the proposed subdivision or addition and that the community will be required to bear no more than its fair share of the cost of providing facilities and services. • To prevent the pollution of streams and ponds; to ensure the adequacy of drainage facilities; to safeguard the water table and to encourage the wise use and management of natural • resources and enhance the stability and beauty of the community and the value of the land. • To provide for open spaces through the most efficient design and layout of the land. • To remedy the problems associated with inappropriately platted lands, including the premature subdivision, incomplete subdivision and scattered subdivision. Section 8.02. General Provisions. Section 8.02.1. Jurisdiction. These subdivision regulations, design standards, and improvement requirements for land development are adopted under the authority of the provisions of the Constitution and laws of the State of Texas and Charter of the City. The rules and regulations shall apply to all subdivisions of land within the corporate boundaries and extraterritorial jurisdiction of the City and to all land that the City may annex. 1. Pursuant to the authority granted in Chapter 212 of the Texas Local Government Code, the Planning and Zoning Commission shall exercise the power and authority to administer standards established by this Code and to review, approve, or disapprove plats and development plans for subdivision of land and for any development within the corporate limits of the City and the unincorporated areas lying within the extraterritorial jurisdiction which show lots, blocks, or sites with or without new streets or highways or any lot improvement activities as defined by the ordinance. 2. Any person wishing to divide land inside the City or within the Citys extraterritorial jurisdiction shall submit to the Commission a plan of the subdivision which shall conform to the requirements set forth in these regulations. A division of land under this section does not include a division of land • into parts greater than five (5) acres where each part has access and no public improvement is being dedicated. 3. No subdivision plat shall be filed or recorded and no lot in a subdivision inside of the City or within 8.1 ALLEN LAND DEVELOPMENT CODE the city's extraterritorial jurisdiction shall be improved or sold until the final plat shall have been approved by the Commission. 4. The City shall not accept streets or public rights-of-way, nor provide city services, including but not limited to the furnishing of sewage facilities and water service, and solid waste collection unless or until a final plat conforming to the requirements of this article has been approved and filed for record in the map records of Collin County, Texas. 5. Prior to the issuance of any building permit, the property for which the permit is being issued shall have been platted or shall exist as an official lot or tract of record. 6. Except as provided above, no land may be subdivided or platted through the use of any legal description other than with reference to a plat approved by the Commission in accordance with these regulations. 7. Except as provided above and lots of record established prior to the effective date of this Code, no land shall be sold, leased or transferred until the property owner has obtained approval of a final plat from the Director of Planning or the Commission as required under these regulations. 8. The city shall withhold all public improvements and utilities, including the maintenance of streets and the provision of sewage facilities and water service from all tracts, lots and additions, the platting of which has not been officially approved by the Director of Planning or the Commission and for which a Certificate of Compliance has not been issued. Section 8.02.2. Applicable Law. All applications for plat approval, including final plats, pending on the effective date of these regulations and which have not lapsed, shall be reviewed under the regulations in effect immediately preceding the date of adoption of this Code. Section 8.02.3. Superseding Regulations. Upon adoption of this Code according to law, all Subdivision Regulations of the City previously in effect are hereby superseded, except as provided in Section 8.02.2. Section 8.02.4. Amendments. 1. General. Where the Commission finds that unreasonable hardships or difficulties may result from strict compliance with these regulations and/or the purposes of these regulations. Section 8.02.5. Administrative Approval of Certain Amending Plats, Minor Plats and Rapists. 1. The Director of Planning is authorized to approve the following: a. amending plats described by Section 212.016 TEX. LOC. GOVT. CODE. b. Minor plats involving four or fewer lots fronting an existing street and not requiring the creation of any new street or extension of municipal facilities, and c. A replat under Section 212.014 TEX. LOC. GOvT. CODE. That does not require the creation of any new street or the extension of municipal facilities. 2. The Director of Planning may for any reason elect to present the amending plat, minor plat or replat meeting the requirements of 1. above to the Commission for action. 3. Any amending plat, minor plat or replat meeting the requirements of 1. above which the Planning Director fails or refuses to approve shall be submitted to the Commission for action. Section 8.03. Plat Regulations. Section 8.03.1. In General. 1. Review Steps. The preparation, submittal, review, and approval of all subdivision plats shall GF: ALLEN LAND DEVELOPMENT CODE •proceed through the following steps: General Development Plan Preliminary Plat Final Plat 4. Official Submission Date. For the purpose of these regulations, the date on which a completed application is first filed shall constitute the official submission date for the plat, after which the statutory period required for approval or disapproval of the plat shall commence to run. The Department shall publish at least thirty days prior to the beginning of each year a calendar of official submittal dates. This calendar shall specify two submittal dates for each month. All applications delivered to the city on a date other than a scheduled date shall be dated received on the next official submittal date. 5. Approval Criteria. Applications for plat approval shall be evaluated for compliance with these regulations and the requirements contained in the citys adopted design standards, and with any other criteria, policies, rules and plans which are referenced elsewhere in these regulations. 6. Statutory Compliance procedure. The Director of Planning shall place any plat application on a scheduled meeting of the Commission prior to the expiration of thirty (30) days following the official submission date. At the meeting the Commission shall approve or disapprove the application, or identify any requirements which must be satisfied prior to approval of the application. If the Commission fails to approve or disapprove (disapproval includes the identification of requirements to be satisfied prior to approval) an application within thirty (30) days of the official submission date, the application shall be deemed approved. However, if any requirements remain to be satisfied prior to plat approval, the application for plat approval shall be disapproved for purposes of statutory compliance only. Unless the Commission . unconditionally disapproves the plat application within such period, the city will continue to process the application. The Commission may not table the consideration of any plat. The applicant may elect to withdraw the application at any time prior to the action of the Commission and may resubmit the project with no additional fees if the project is resubmitted within sixty days. Any resubmission will be treated as an original application. Section 8.03.2. General Development Plan. 1. Purpose. The purpose of a General Development Plan is to review and approve a general plan for the development of property, including the layout of streets, lots, open space, sites for public facilities and utilities. 2. Applicability. A General Development Plan shall be required as a condition precedent to approval of any application for a plat, except where the Director of Planning determines that: a. The subdivision will result in no more than one new street and sufficient information exists to begin preparation of the a preliminary plat, or b. A concept plan, preliminary site plan or final site plan for the property provides sufficient information for the preparation of a preliminary plat. 3. The General Development Plan shall include: a. A proposed layout drawn to a scale of 7" = 200' or larger. b. True north shall be clearly indicated and located to the top and left of the study. c. Arrangement and connection of streets with adjacent properties. d. The names of adjacent additions or subdivisions or the name of record of owners adjoining parcels of unplatted land. 8.3 ALLEN LAND DEVELOPMENT CODE e. General location and size of school sites, park and recreation areas, and other public areas. f. Location of proposed shopping centers, multifamily residential, and other land uses. g. Proposals for water, sewer, and drainage systems in relation to master plans where they exist for these facilities. h. Proposals for services furnished by private utility companies. I. Summary of uses by type, number, and acreage. j. Identification of any flood prone areas and general proposals for such areas. k. Identification of any tree cover containing 6 or more trees with a caliper of 6" or more that are outside the floodplain which may be disturbed by proposed streets or alleys in order to reduce the destruction of trees. I. Tree Loss Mitigation Plan. m. The General Development Plan shall be accompanied by a tree survey signed and sealed by a certified arborist or registered landscape architect, which will include the following: 1) Legal Description 2) Date of Preparation 3) North Arrow 4) Name, address and phone number of owner 5) Name, address and phone number of preparer S 6) Caliper of all trees 6" or larger, and any tree for which tree preservation credits will J be requested. 7) Location and common name of species 8) Identification of all trees to be removed 9) Identification of caliper, height, common name of species, and location of trees that are to be used as replacement trees 10) Identification of caliper, common name of species, and location of existing trees that are to be used for credits 11) Fee submitted in lieu of replacement 12) Zoning of Property 13) Documentation of agricultural tax status if exemption is requested n. The Tree Survey must be presented as an overlay to the General Development Plan in order to demonstrate the impact of the street and alley system on the existing tree cover. Any credit policies established by agreement or contract prior to the adoption of this ordinance shall remain in force and effect. o. If there are no trees located on the site, the property owner or his authorized agent shall s submit a sworn affidavit attesting to the fact. A tree survey will not be required for property within open space or floodplain areas to be dedicated to the city or within any conservation easement. p. A Concept Plan submitted for the purpose of securing zoning approvals may be accepted as a General Development Plan if it meets the requirements of this section. 8.4 ALLEN LAND DEVELOPMENT CODE 7. Standards for Approval. No General Development Plan shall be approved by the Commission unless it conforms to the Comprehensive Plan and development regulations of the city. 8. Acceptance of General Development Plan: a. The Planning & Zoning Commission shall review the General Development Plan for consistency with the Comprehensive Plan, the Major Thoroughfare Plan, zoning regulations and other requirements of this Code. The Commission may permit the development to be platted in phases, provided each phase satisfies the requirements of this Code. The Commission may also impose conditions such as temporary street and alley connections or temporary cul-de-sacs to assure orderly development. b. The Commission shall approve, conditionally approve or disapprove a General Development Plan. The approval of a General Development Plan constitutes authorization by the city for the property owner to submit application for a preliminary plat, subject to compliance with any conditions attached to the approval of the General development Plan. 9. Lapse of Approval. The approval of any phase or phases of a General Development Plan shall automatically expire unless such phase or phases have been submitted and approved by the Commission as a preliminary plat within eighteen months. 10. Extension or reinstatement of Approval. Applicant may request one extension of approval provided such application is filed not less than sixty days prior to expiration. Any extension shall not extend beyond six (6) months from the time that the General Development Plan would otherwise have expired. The request for extension shall be filed with the Department of Planning & Development and presented to the Commission at the next regular meeting. The application for extension shall include an explanation for the reasons for the delay. The Commission shall consider reasons for the delay, the effect of any new regulations on the proposed development plan, and the ability of the property owner to comply with the original conditions in determining whether to approve the extension. The Commission's disapproval of an extension for a General Development shall be final. Section 8.03.3. Preliminary Plat. 1. Zoning. The subdivision shall be designed to conform to the requirements for the specific zoning district within which It is located. Any change in zoning required in relation to the preliminary plat shall have been adopted by the City Council prior to consideration of the preliminary plat by the Commission. 2. Preliminary Plat Submission a. The preliminary plat shall include the following information I. Application signed by the owner of the property or his authorized representative ii. Nine (9) copies of a preliminary plat showing the general features of the proposed development drawn at a scale of one (1) inch equals one hundred (100) feet or larger and indicating the following: iii. The outline of the tract that is proposed to be subdivided, with boundary dimensions. iv. The proposed plan of subdivision, showing streets, blocks, lots, alleys, easements (including landscape easements), building lines, parks, existing and proposed sewers, water mains, culverts, or other underground structures with pipe sizes, grades, and locations indicated. 8.5 ALLEN LAND DEVELOPMENT CODE v. The preliminary plat shall cover the entire tract intended to be developed whether in total or by sections. J vi. The names of subdivisions; lot patterns; location, widths, and names of existing or planned streets and intersections; and any blocks, lots, alleys, easements, building lines, water courses, floodplain, or other natural features, with principal dimensions; and any other significant information on all sides for a distance of not less than two hundred (200) feet. vii. The names of proposed streets (a) All cul-de-sac streets shall be entifled with the suffix "Court." (b) Where two "Courts" intersect a street at the same location, they shall have a prefix indicating relative location e.g. "North" Bluebonnet Street and "South" Bluebonnet Street. (c) Looped streets shall bear prefixes indicating relative location, e.g. "east" and "vest". (d) All through streets shall have a suffix such as "Street", 'Drive", "Lane", or "Way". (e) The name of any proposed extension of an existing or stub street shall have the same name. (f) Street names are subject to the approval of the city. viii. The location of the nearest existing sewers, water and gas mains, and other public utilities, if any. ix. A proposed plan for drainage, to include approximate delineation of the ultimate 100 -year storm event. The proposed drainage plan shall include a topographical map in sufficient detail showing all abutting drainage areas either contributing to the storm water flows within the proposed subdivisions or receiving storm water flows from the proposed subdivision; preliminary plans for drainage improvements within the proposed subdivision. x. The name of the proposed subdivision, north point, scale, date, acreage, and number of lots. A. The name and address of the owner or owners and the signature, seal, date, telephone number and address of the registered professional engineer or registered professional land surveyor who has prepared the preliminary plat. xii. A location map of the proposed subdivision at a scale of 1 inch to 2,000 feet showing existing and proposed major features covering an area of at least one mile in all directions from the proposed subdivision. xiii. The contours at not more than five foot (6-0") intervals. xiv. The proposed plan of improvements and utilities to be constructed in the subdivision, prepared by a registered professional engineer, shall be shown with indication of street widths and utility line sizes. The accurate location of any existing utilities within the subdivision shall be shown on the Preliminary Plat. xv. Building setback lines. xvi. The location of any existing or proposed school site or other public facility. xvii. A preliminary street illumination plan. xviii. Copies of all deed restrictions, restrictive covenants, homeowner's association requirements, Planned Development regulations, Specific Use Permit requirements, or IJ any other limitation or requirement governing the use of the property. 8.6 ALLEN LAND DEVELOPMENT CODE b. Filing fees. No application shall be accepted without payment of all fees. •3. Preliminary Plat Review. Upon receipt of the preliminary plat, the city staff shall review the preliminary plat for compliance with public objectives, giving special attention to design principles and standards; to streets and thoroughfares identified in the Master Thoroughfare Plan, the Comprehensive Plan and for the adequacy of neighborhood circulation; to existing and proposed zoning and land use of the tract and adjacent tracts; and to sites required for schools, parks, and other public facilities. 4. Standards for Approval. No preliminary plat shall be approved unless the following standards have been met: a. The plat conforms with the approved General Development Plan, if required; b. Provision has been made for the installation and dedication of public improvements; c. The plat conforms to applicable zoning and other regulations; and d. The plat meets all other requirements of this Code. 5. Preliminary Plat Approval. The Commission shall approve, approve with conditions, or disapprove the preliminary plat within thirty (30) days after the plat is filed. Provided however that the approval with conditions of a Preliminary Plat by the Commission does not constitute approval until the conditions have been satisfied. Failure to comply with the conditions required by the preliminary plat shall constitute disapproval of the Preliminary Plat. .6. Expiration of Approval. Commission approval of a preliminary plat expires twelve (12) months from the date of Commission action unless a Final Plat is submitted and approved for the property or any phase identified in the General Development Plan, within such period. If within the twelve (12) month period no application is made for Final Plat consideration, the Preliminary Plat shall become void and a new preliminary plat shall be submitted. The preliminary plat shall be subject to the development regulations in existence at the time of the new submittal. The developer may request and the Planning & Zoning Commission, at its discretion, may grant an extension of time not to exceed sixty (60) days, provided that an application for extension is fled not less than fifteen days prior to the expiration of the preliminary plat. 8.7 ALLEN LAND DEVELOPMENT CODE Section 8.03.4. Final Plat. 1. Final Plat Application. The final plat shall be filed with the Planning Department in accordance with the published schedule of submittal dates, but in no event less than twenty-one (21) days prior to the meeting of the Commission at which the plat is to be considered. The final plat submittal shall include a. Application form signed by the existing owner or his authorized representative. b. Documents establishing the Mandatory Homeowner's Association, and any proposed deed restrictions, declarations, covenants, conditions or restrictions. c. Final plat copies that shall be clearly legible. d. The original plat shall be drawn to a scale of one inch equals one hundred feet (1" = 100') or larger in ink on bluelines or other acceptable permanent material, with all figures and letters legible with four or more control points tied to the State Plane Coordinate System, North Central Texas, Zone 5351, Datum NAD83. e. The submission shall include: 9 - 24"x36" Blue or blackline 17 — 11"x17" reductions f. Payment of Fees 2. Required information: The final plat shall contain the following information in addition to information provided on the preliminary plat a. The name or names of the owner and developer. b. The name and address of the Registered Professional Land Surveyor who prepared the survey. c. The name of the proposed subdivision and any adjacent subdivisions. d. The systematic assignment of numbers to lots and letters to blocks; e. The total number of lots and blocks, and the total number of acres included in the subdivision shall be included in the titre block. f. All necessary dimensions, including linear, angular and curvilinear, and other surveying information necessary to reproduce the plat on the ground with the linear and curvilinear dimensions shown in feet and decimals of a foot. g. The angular dimensions shall be shown by true bearings. The length of all straight lines, de- flection angles, radii, tangents, and central angle of curves shall be shown. All curve information shall be shown for the centedine of the street. Dimensions shall be shown from all angle points and points of curve of lot lines. All lots on curves shall be shown with the curve length dimensions based on arc definitions. In. All survey monuments shall be shown on the plat All deed restrictions that are to be filed with the plat. i. An accurate outline description, and area to the nearest hundredth of an acre, of all parcels of land which is offered for dedication or reserved for public use, or reserved in the deeds for the use of all property owners in the proposed subdivision, or reservations for other uses, together i with the purpose and conditions or limitations of such reservations and/or dedications, if any. •/ j. Any reservation for future public school sites or right-of-way dedication shall be platted in 8.8 ALLEN LAND DEVELOPMENT CODE .accordance with the approved preliminary plat. k. Original Tax Certificate from each taxing entity, signed by the City Tax Assessor, stating that all taxes and assessments then due and payable on the land contained within the subdivision have been paid. I. A table of lot sizes for all single-family residential plats on a separate document. m. Certification by a Registered Professional Land Surveyor, licensed by the State of Texas, placed on the plat as follows: -surveyor's Certificate THAT 1, do hereby certify that I prepared this plat from an actual and accurate survey of the land and that the comer monuments shown thereon shall be property placed, under my personal supervision, in accordance with the subdivision regulations of the City of Allen, Texas. n. A notarized certification by the owner(s) of record placed on the plat as follows: "KNOW ALL MEN BY THESE PRESENTS: That through the undersigned authority, does hereby adopt this plat designating the described property as" , an addition to the City of Allen, Texas, and does hereby dedicate to the public use forever the street and alleys thereon; and does hereby dedicate the easement strips shown on the plat for mutual use and accommodation of all public utilities desiring to use, or using same. No buildings, fences, trees, shrubs or other improvements shall be constructed or placed upon, over or across the easement strips on said plat. Any public utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs, or other improvements, or growths which in any way endanger or interfere with the construction, maintenance or efficiency of its respective system on any of these easement strips, and any public utility shall at all times have the right of ingress and egress to and from and upon any of said easement strips for the purpose of construction, reconstruction, inspecting, patrolling, maintaining and adding to or removing all or part of its respective system without the necessity at any time of procuring the permission of anyone. This plat is approved subject to all platting ordinances, rules, regulations, and resolutions of the City of Allen, Texas. Witness my hand this _ day of_, 20 Owner Notary o. The following certificates shall be placed on the final plat: "Approved Chairman Planning & Zoning Commission Date MI Attest Secretary Planning & Zoning Commission Date ALLEN LAND DEVELOPMENT CODE Executed Pro -forma Gi Mayor Date "The undersigned, the City Secretary of the City of Allen, Texas, hereby certifies that the foregoing Final Plat of the Subdivision or Addition to the City of Allen was submitted to the Planning and Zoning Commission and approved by it on the _ day of ,20 . City Secretary, City of Allen" p. Final Plat Review. The final plat shall be submitted to the Planning Department for review of completeness and conformity to the approved preliminary plat. Utility easements, access, and fire lanes shall be approved by the City Engineer and Fire Marshal prior to submittal. 3. Standards for Approval. No final plat shall be approved unless the following standards have been met: a. The plat substantially conforms with the approved preliminary plat; b. Final engineering drawings for all public improvements and all utility and access easements and all fire lanes have been approved by the City Engineer. c. All fire lanes have been approved by the Fire Marshal. d. Adequate provision has been made for adequate public improvements; e. The plat conforms to applicable zoning and other regulations; and f. The plat meets all other requirements of this Code. 4. Final Plat Approval. The Commission shall approve or disapprove the final plat within thirty (30) days 5. Expiration of Approval. Within ninety (90) days of Commission approval, the Planning Department shall file the final plat with Collin County Map Records. Should the developer fail to pay all applicable development and/or construction fees within the ninety (90) day period, then the final plat shall be rendered void. The Commission may approve an extension of time for the recordation of a final plat not to exceed sixty (60) days, provided a request for extension of time is made prior to the expiration of the final plat. K 8.10 ALLEN LAND DEVELOPMENT CODE action 8.03.5. Combination Plat Approval. he owner may submit a combination plat if 1 the tract is to be subdivided into no more than three (3) lots; 2. no change of street locations would be required; and, 3. the proposed development is similar in density and intensity of development as adjacent zoning districts. All the requirements for the preliminary and final plat shall be satisfied. Section 8.03.6. Replat Procedure Without Vacating Preceding Plat. 1. A replat of a subdivision or a part of a subdivision without vacation of the preceding plat must: a. Be signed and acknowledged by only the owners of the property being replatted; b. Be approved, after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard by the Planning and Zoning Commission; and c. Must not attempt to amend or remove any covenants or restrictions existing on the property to be replatted. 2. In addition to complying with the provisions of Section 8.03.6(1), a replat without vacation of the preceding plat must conform to the requirements of this section if: a. During the preceding five (5) years, any of the area to be replatted was limited by an interim or permanent zoning classification to residential use for not more than two (2) residential units per lot; or b. Any lot in the preceding plat was limited by deed restrictions to residential use for not more . than two (2) residential units per lot. If the conditions described in a. or b. above exist, then the following is required: 11 a. Notice of the hearing required shall be given before the 15th day before the day of the hearing by: I. Publication in the City's officially designated newspaper; and ii. By written notice, with a copy of the specific language contained in the following subsection (b) attached thereto, forwarded by the Commission to the owners of property in the original subdivision located within 200 feet of the property upon which the replat is requested, as such owners are indicated on the most recently approved municipal tax roll or, in the case of a subdivision within the extraterritorial jurisdiction of the City of Allen, the most recently approved county tax roll. The written notice may be delivered by depositing the notice, properly addressed with the postage prepaid, in a post office or postal depository within the municipal boundaries of the City of Allen. b. If the proposed replat requires a variance and is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of the members of the Commission present and voting. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the Commission prior to the close of the public hearing. c. In computing the percentage of land area under subsection b. above, the area of streets and alleys shall be included. 8.11 ALLEN LAND DEVELOPMENT CODE d. Compliance with subsections b. and c. is not required for approval of a replat of part of a preceding plat if the area to be replatted was designated or reserved for other than single or duplex family residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat. Section 8.04. Permits Required. 1. Clearing and Grading Permit. A Clearing and Grading Permit shall be required prior to the clearing, grading, filling, or dredging of property within the City or its extraterritorial jurisdiction only after approval of the Final Plat. 2. Development Permit. A Development Permit will allow for the construction of public streets, utilities, drainage, or other improvements. All plans accompanying permits for any work within a floodplain shall be certified by a registered professional engineer and signed by the City Engineer. The development permit may be issued by the City Engineer only after approval of the final plat. 3. Tree Removal Permit Trees shall not be removed prior to the issuance of a Tree Removal Permit approved in accordance with the provisions of this Code. 4. Permit Fees. No Clearing and Grading, Development or Tree Removal permit shall be issued until all fees specified in Appendix 8 — Fees and Charges, have been paid. Section 8.05. Subdivision Standards. 1. Construction Plans. J a. Construction plan and profile sheets for all public improvements shall be reviewed prior to construction and approval of the final plat. Construction plans and profiles shall be drawn on sheets measuring twenty-four (24) by thirty-six (36) inches and shall include:. L North Arrow ii. Scale iii. Date iv. Benchmark descriptions to sea level datum shall be included with the plans. Each sheet shall show the seal and signature of the registered professional engineer licensed by the State of Texas who prepared the plans and shall include the following: (a) A plan and profile of each street with top of curb grades shown. Scale shall be 1 inch = 50 feet horizontally, and appropriate vertical scale. (b) The cross-section of proposed streets, alleys, and sidewalks, showing the width and type of pavement, base and subgrede, and location within the right-of-way. City standards shall not be shown on the construction plans. (c) A plan and profile of proposed sanitary sewers, with grades and pipe sizes indicated and showing locations of manholes, cleanouts, and other appurtenances, and a cross section of embedment. (d) A plan of the proposed water distribution system showing pipe sizes and location of valves, fire hydrants, fittings, and other appurtenances, with a section showing embedment. Ij (e) A plan to scale of all areas contributing storm water runoff or drainage within and 8.12 ALLEN LAND DEVELOPMENT CODE surrounding the proposed subdivision. Such plan shall indicate size of areas, storm frequency and duration data, amounts of runoff, points of concentration, and other data necessary to adequately design drainage facilities for the area. (f) A plan and profile of proposed storm sewers, showing hydraulic data, pipe grades and sizes, manholes, inlets, pipe connections, culverts, outlet structures, bridges, and other structures. (g) Profile views of individual improvements shall have no more than two improvements on one sheet unless specifically approved by the City Engineer. The engineer of record is responsible for the accuracy, completeness, and conformance to city standards. (h) The purpose of the City review is to assure conformance to city policies and standards. However, the City review is limited to facts as presented on submitted plans. The City takes no project engineering responsibility. The engineer of record certifying the plans is responsible for the accuracy and completeness of the documents submitted for review and actual construction. (i) The City reserves the right to require plan corrections when actual conditions in the field are found to be contrary to or omitted from the previously submitted plan. b. All construction plans shall be signed by the City Engineer if they have been approved for construction. Section 8.05.1. Street Design Standards. 1. Street Alignment. a. The alignment of thoroughfares and collectors shall conform generally to the Comprehensive . Plan and the Major Thoroughfare Plan, adopted by the City Council as it may be amended from time to time, and Sections 8.05.2 and 8.05.3 Thoroughfare Design Standards. b. The alignment of local streets and street patterns shall be approved by the Planning & Zoning Commission using the following guidelines: i. Streets shall be stubbed out as necessary to provide connections between adjacent neighborhoods and to ensure access to schools and community facilities; ii. Street dimensions shall be adequate to serve proposed land uses without creating traffic congestion during peak periods; iii. Street patterns shall be designed to minimize cut -through traffic; iv. Traffic calming strategies should be considered adjacent to schools and traffic intensive activities which affect neighboring residential areas; v. Street patterns maybe varied to meet the land use and development objectives outlined in the Comprehensive Plan; c. The Planning & Zoning Commission may require single -loaded streets adjacent to greenbelts and city parks; d. The Planning & Zoning Commission may require alignments which minimize tree loss; e. Residential subdivisions with more than twenty-four (24) lots shall have two or more points of access. f. Additional collector streets may also be required where access to 125 or more residential lots is proposed. 2. Street right-of-way. Abutting property owners shall dedicate street right-of-way adequate to provide access to their 8.13 ALLEN LAND DEVELOPMENT CODE development and sufficient additional right-of-way along collectors and thoroughfares to meet the requirements of the Major Thoroughfare Plan. 3. Street Alignment. The maximum deflection in alignment permitted without use of curve shall be five degrees 4. Reverse Curves. Reverse curves on thoroughfares and collector streets shall be separated by a minimum tangent of one hundred (100) feet. 5. Street Intersections. a. Except where existing conditions will not permit, all streets shall intersect at a ninety degree (90°) angle. Variations of more than ten degrees (10°) on residential or local streets and more than five degrees (5°) on collectors and thoroughfares must have the approval of the Planning & Zoning Commission. b. Acute angle intersections approved by the Planning & Zoning Commission shall have a radius of not less than twenty-five (25) feet. c. Each new street intersecting with or extending to meet an existing street shall be tied to the existing street on centedine with dimensions and bearings to show relationship. 6. Partial or Half -streets. Partial or half -streets are prohibited. Driveway Cuts. a. Driveway cuts or entrances to single-family or two-family uses shall not be allowed along thoroughfares, unless a siding street, or an alley with approved screening, is provided outside the pavement of the thoroughfare. J b. Driveway cuts shall be located so as to provide a spacing between curb radius return of at least ten (10) feet for single-family and two-family uses and at least twenty (20) feet for all other uses. c. No property shall have more than two (2) driveway cuts onto any facing street. No driveway cut shall be located closer than twenty (20) feet from an intersection, measured from the ends of the curb radius returns. d. No curb cut shall be permitted for any property with garage access from a rear alley. e. All driveway cuts requiring curb removal shall be saw -cut. f. Curb removal and driveway construction within any public right -of way shall require the written approval of the Community Services Director. S. Cul-de-sacs and Dead-end Streets: a. The maximum length of a cul-de-sac or dead-end street with a permanent tum -around shall be 600 feet, except the length of cul-de-sacs may exceed 600 feet provided that the Fire Marshal has determined that emergency access is available to all units to be served by the cul-de-sac. In no case shall a cul-de-sac length exceed 1,000 feet, except those permitted for estate lot subdivisions. b. Tum-arounds are to have a minimum right-of-way width of 100 feet, and a minimum pavement width of 80 feet, for single family and two-family uses, and a minimum right-of-way width of 120 feet and a minimum pavement width of 100 feet for all other uses. c. Temporary dead-end streets shall be approved by the Community Services Director. 8.14 ALLEN LAND DEVELOPMENT CODE 9. Street Names. • New streets shall approved by the Director of Planning and shall be named so as to provide continuity of name with existing streets and to prevent conflict with identical or similar names in other parts of the City. 10. Private Streets. Private Streets shall be prohibited except in Planned Development zoning districts approved by the City Council. 11. Estate Subdivisions. In zoning districts R-1.5 and R-1 the following standards apply: a. Cul-de-sacs length may be up to 1,200 feet with approval from the Fire Marshal. b. Right-of-way for streets with underground storm sewers maybe reduced to 50 feet with a pavement width of 24 feet. c. Right-of-way where no underground stone drainage system is provided shall be seventy feet (70'-0"). Paving width shall be 24 feet (24'-0") with two foot (2'-0") shoulders. d. Sidewalks are only required on one side of the street, and may be located within a pedestrian easement on private property. e. Alleys are not permitted. 12. Neo -traditional Subdivisions. In the CBD -Central Business District and in other planned development designated by City Council, a pavement width of 27 feet with curbs is allowed within a 50 foot right-of-way. 1013. Traffic calming strategies. The Planning & Zoning Commission may approve the following as traffic calming devices: a. modified intersection design to facilitate pedestrian movements; b. chicanes c. integral curb/sidewalk construction d. pedestrian access easements outside the public right-of-way 14. Responsibility for paving of internal and adjacent roadways. a. Developer shall be responsible for construction of all internal and adjacent roadways and infrastructure in accordance with the City of Allen Thoroughfare Design Standards, incorporated herein and made a part hereof for all purposes. b. Developer shall be responsible for the escrow of funds for median landscaping, irrigation, and street lighting consistent with City standards. If development occurs on only one side of the thoroughfare, then only 1/2 of these costs shall be escrowed. c. The City may require Developer to enter into a facilities agreement for the escrow of funds in lieu of construction. This agreement shall be a legally binding agreement between the City and the developer that identifies the responsibilities of both parties. Such facilities agreement may also provide for pro rata payments, escrow deposits, park land dedications, or payments for other facilities or infrastructure. The Developer shall hold the City harmless against any claim against the Developer's Subdivision or any actions taken therein. . d. Developer construction of thoroughfares and roadways for which impact fees are assessed as specified in Article A of this Code, shall receive credit for those fees. AIR J I� �w k§§2; =m&!;#= = 2k ==272 z _�!` §cli0 $ \!`Ci \ \G`R`mm \\ \� § L L / eLwLnw;{| �= e 2e2} K22§22!b Im, = &]K,g2;;2[bLU -§!°cec:a!,>.CO wz §-22`Iami (r�2:e23,2,ƒ!� J I� �w ALLEN LAND DEVELOPMENT CODE Section 8.05.3. THOROUGHFARE DESIGN STANDARDS s G — • toNotes: All dimensions to face of wr6. (NxA) I C I (NxA) PKWY. I MANES I I RUNES I PKWY. xB D F Includes ng um d optional awelembon lanes tar wmm9 mo"mem. 8.17 N A L B C D E F -D G S T Y C m L m ^,Sa y u f = O e c qm g M 1 J J E c C E� W.-. E y C ECS' m r' -Jq ELL2 2 G J E.6 E L car� Erad >a E L c_o w �,-, c % ZF IC 'i 2 � Z3 i5 ZS 13: !`3 M I C STREET CROSS-SECTION STANDARDS AT INTERSECTIONS POD 6 12 2 11 28 6 9 116 140' 225 150 P8D 8 12 2 11 28 6 9 140 164' 225 150 MBD 6 12 2 11 28 6 9 116 140' 225 150 M4D 4 12 1 11 17 6 11.5 81 110' 225 150 M4U 4 12 1 12 0 0 10 60 80 200 150 C4U 4 12 1 12 0 0 10 60 80 150 100 C2U 2 12 1 12 0 0 12 36 72 150 75 STREET CROSS-SECTION STANDARDS AT MID43LOCK 6 12 0 NA 27 27 10.5 72 120 NA NA P6D 8 12 0 NA 27. 17 13.5 96 150 NA NA POD 6 12 0 NA 17 17 15.5 72 120 NA NA MOD 4 12 0 NA 17 17 12.5 48 90 NA NA M4D 4 12 0 NA 0 0 11 48 70 NA NA M4U 4 11 0 NA 0 0 13 44 70 NA NA CQ 2 18 0 NA 0 0 12 36 60 NA NA C2U Includes ng um d optional awelembon lanes tar wmm9 mo"mem. 8.17 w I I p I to I I � I I o � w � I I E I O I i J) I I O I N y N 3 I '111IL4 ttt IT_ CITY OF ALLEN DEPARTMENT OF ENGINEERING RIGHT-OF-WAY WIDTH ® INTERSECTIONS THOROUGHFARE DESIGN STANDARDS DATE: REV DATE: SHEET: FEB 1993 1 JAN 2000 s0 -T m THOROUGHFARE DESIGN STANDARDS DATE: REV DATE: SHEET: FEB 1993 1 JAN 2000 s0 -T (P6D) PRINCIPLE ARTERIAL LIMITED ACCESS (P8D) PRINCIPLE ARTERIAL ( F - F ) FACE TO FACE �= THOROUGHFARE DESIGN STANDARDS CPfY OF ALLEN LANE / R.O.W. WIDTHS DEPARTMENT OF ENGINEERING DATE NEA GATE: SHELT: FEB 1993 JAN 2000 SD-TD01 V_ CITY OF ALLEN DEPARTMENT OF ENGINEERING (M6D) MINOR ARTERIAL (M4D) MINOR ARTERIAL (M4U) MINOR ARTERIAL LANE / R.O.W. WIDTHS ( F - F ) FACE TO FACE THOROUGHFARE DESIGN STANDARDS DATE:REV DATE: SHEET: FEB 1913 JAN 2DOO 9D-TDO2 (R2U) (R2Ur) RESIDENTIAL/LOCAL RESIDENTIAL/RURAL ( F - F ) FACE TO FACE fTHOROUGHFARE DESIGN STANDARDS CITY OF ALLEN LANE / R.O.W. WIDTHS DATE: REV DATE: I SHEEP: DEPARTMENT OF ENGINEERING FEB 1993 JAN 2000 so—Too3 ALLEN LAND DEVELOPMENT CODE Section 8.05.5. Sidewalk and Trail. Standards. 1. Sidewalk Construction. Sidewalks shall be constructed on both sides of all streets in accordance with the Standard Construction Details -Paving of the City and in conformance with the requirements of the Amedcans with Disabilities Ad. Sidewalks or hike and bike trails may be required in other areas where necessary. Sidewalk construction in residential subdivisions may be delayed until house construction is complete except as necessary to conned areas not adjacent to lots, adjacent to open space, or to link bridges and culverts. Otherwise sidewalk shall be constructed with other improvements to the subdivision or addition. Sidewalks adjacent to screening walls shall be constructed adjacent to a concrete mow strip located between such screening wall and sidewalk. Rerouting or elimination of sidewalks for safety reasons, the avoidance of poles, landscaping, or other obstacles, shall be subject to the approval of the City. 2. Pedestrian access. The Commission may require pedestrian access to schools, parks, playgrounds, or other nearby streets with perpetual, unobstructed easements at least 15 feet in width. Easements shall be indicated on the plat. 3. Hike and bike trails. a. Trails shall be constructed in accordance with American Association of State Highway and Transportation Officials (AASHTO) standards by the developer along both sides of all major creeks and tributaries unless waived by the Planning & Zoning Commission upon the recommendation of the Director of Parks & Recreation. b. Sidewalks and Hike and Bike trails shall be required at the time of development. Sidewalks adjacent to residential streets interior to a subdivision may be delayed and built with residential structures provided a 25% cash escrow bond is submitted. All sidewalks must be completed within two years of the acceptance of the development by the City Section 8.05.6. Alleys. 1. Commercial and Industrial Areas Service alleys shall be provided in commercial and industrial areas. The minimum width of the alley right-of-way shall be 20 feet and the minimum pavement width shall be 16 feet. 2. Residential Areas. The minimum alley right-of-way shall be 16 feet and the minimum pavement width shall be 12 feet. 3. Alley Length and Design. a. Alleys shall not be greater than 1,200 feet. Except as approved by the Planning & Zoning Commission, alleys shall access a local street. b. Dead-end alleys shall be prohibited. c. Alleys parallel and adjacent to Thoroughfares shall not be longer than 4 lots, unless an additional 10 -foot easement provided with irrigation and maintained by a homeowners owners association is provided for a maximum of ten (10) lots. Section 8.05.7. Median cuts. Non-residential lots adjacent to a median divided street shall have access to a median opening. Direct access should be provided where possible. If direct access is not available, then a common access easement shall be required. Section 8.05.8. Fire Lanes. 8.22 J ALLEN LAND DEVELOPMENT CODE 1. Fire lanes shall be required for all non-residential property where all portions of the structure(s) or . proposed structure($) is more than 150 feet from a public street. 2. Fire lane easements shall be a minimum of 22 feet in width with a 30 -foot radius, or 30 feet in width with a 10 -foot radius; shall have a height clearance of 14 feet; and shall be within 150 feet of all exterior walls unless adequately protected pursuant to the adopted fire codes and approved by the Fire Marshal. 3. Fire lanes shall be maintained by the property owner; shall be marked with signs and pavement or curb markings pursuant to the adopted fire codes. 4. Fire lanes shall remain unobstructed at all times. Section 8.06. Lot Design. 1. Lotarrangement. All lots shall have frontage on a dedicated public street or public way. Driveway access shall be provided to buildings on the lots from an improved street, alley, or public way. a. Comer Lots. i. The lot lines at the intersection of two local streets shall run along the hypotenuse of the triangle measured fifteen feet (15'-0") from the intersection adjacent to the street along the front and side of the lot. ii. The lot lines at the intersection of a local street and a collector or thoroughfare shall run along the hypotenuse of the triangle measured twenty-five feet (25'-0") from the intersection adjacent to the street along the front and side of the lot. . iii. No comer lot shall be located at right angles to an adjacent interior lot. iv. The side building setback line of any lot located across the street from any front yard shall be equal to that of the front yard. • b. Lot Dimensions: I. Lot dimensions shall comply with the minimum standards of the zoning regulations. The width of a lot shall be measured at the building setback line. No lot shall have less than thirty feet (30'-0") of frontage on a public street or way. ii. Flag lots are prohibited. Reverse flag lots providing access to alleys or amenities located to the rear of the property are permitted. iii. In general, side lot lines shall be at right angles to street lines or radial to curving street lines. iv. Where the minimum building setbacks required by zoning regulations vary within a single block, the building setback line of the least restrictive district shall be increased to align with that of the more restrictive zoning district. V. Lots with side yards abutting a collector or thoroughfare shall have a side yard of not less than 25 feet. This applies to comer lots and lots located on cul-de-sacs abutting collectors or thoroughfares. 8.23 ALLEN LAND DEVELOPMENT CODE c. Double Frontage Residential Lots: I. Double frontage and reverse frontage lots shall be avoided except where necessary to separate residential development from traffic arterials or to overcome specific disadvantages of topography and orientation. ii. Lots backing to major thoroughfares require an additional fifteen feet to minimum lot depths established by zoning regulations. iii. When lots back to thoroughfares, a screening device shall be installed on the lot(s) limiting visibility between the thoroughfare and the adjoining lots. Screening materials and design shall be approved by the Commission. d. No building except buildings designed and constructed as two-family dwellings or one -family attached dwellings shall be constructed on or across existing lot lines. Where buildings are designed and constructed on or across lot lines, the building shall be located so that the common wall separating the individual living units are located on and along the common lot lines of the adjoining lots. Section 8.07. Blocks. 1. Block Length. Blocks shall not exceed 1,600 feet except as provided in the zoning regulations for estate lots, unless the Planning & Zoning Commission determines that, based on unique characteristics associated with the land such as creeks, woods, or parks, a variance is justified. 2. Block Numbering. Blocks shall be identified in sequential alphabetical order. Section 8.08. Water Utilities Standards. 1. Adequate Water Facilities. a. Water systems serving the subdivision or addition shall connect with the Citys water supply and distribution system and shall be looped unless alternative fire protection measures are approved by the Fire Marshal. b. Design, materials and construction shall be in accordance with the City of Allen Standard Construction Details -Water and Sewer and 30 TExAs ADMINISTRATIVE CODE §290.44 —Water Distribution. 2. Fire Hydrants. a. Fire hydrants and valves shall be required for all subdivisions and additions and -meet the re- quirements of the Fire Marshal. in accordance with the Water and Standard Construction Details -Water and Sanitary Sewer and the adopted fire codes. b. All underground utilities for fire hydrants, together with the fire hydrants themselves, and all other supply improvements, shall be installed before any final paving of a street shown on the subdivision plat. c. Reflective fire hydrant spotters shall be installed in all streets at a point adjacent to fire hydrants. At comer locations, spotters shall be installed in both streets. J 8.24 ALLEN LAND DEVELOPMENT CODE Section 8.09. Wastewater Utility Standards. Wastewater facilities serving the subdivision or addition shall connect to the City's wastewater system, and shall conform to the Standard Construction Details -Water and Sanitary Sewer and 30 TEXAS ADMINISTRATIVE CODE Chapter 317 for wastewater collection. Section 8.10. Extensions of Water & Wastewater Mains. 1. When oversized mains are required by the system the City will participate in the cost of line extension on a prorata basis 2. Extensions required to serve new subdivisions and other developments: a. Required extensions - all development shall be required to extend across the full width of the subdivision in such an alignment that it can be extended to the next property in accordance with the master water and sewer plans for the City. b. Properties already served by water and sewer shall not be required to install additional facilities unless: i. the current lines are not of adequate capacity to serve the proposed development; in which case the developer will be required to install adequate facilities; or it. the current lines are not of adequate capacity to serve the zoning of a property that has been rezoned to a more intense use since the time of the original utility installation. 3. Utility Easement Requirements a. The property owner shall be required to furnish all easements and rights-of-way designed to serve the development. Where reasonable, utilities shall be located within streets or alley • rights-of-way, or other utility corridors identified by the City Engineer. All existing and proposed easements shall be shown on the preliminary plat. b. Municipal easements for water, sanitary and stone sewer shall be a minimum of 10 feet in width. Wider easements may be required by the Community Services Director, depending on the depth and size of mains, and the existence of other utilities within the same easement. c. Underground Utilities - All utilities, including communication and electrical lateral and/or service distribution lines are to be placed underground. All communication and electrical support equipment (transformers, amplifiers, switching devices, etc.) necessary for underground installation shall be pad mounted or placed underground, except electrical service to nonresidential properties may be serviced from pole -mounted transformers d. Damage - The contractor and owner shall be responsible for all damage to existing public improvements caused during construction of new facilities. Section 8.11. Street Lights, 1. Street lights are required at all intersections, in cul-de-sacs, major street curves, and developers shall furnish satisfactory easements for the installation of services to street lights, normally 10 -feet in width. • 8.25 ALLEN LAND DEVELOPMENT CODE 2. Illumination standards shall conform to the following requirements: Street Type, LightNominal Average Spacing (in Mounting Pole Style Paving Width Source Lamp Size Illumination feet) Height (in Configuration (in feet) (in Watts) Intensity in Foot- feet) Candles Local ResidentialLHPS MV 175 0.4 to 0.6 200 to 350 26 Existing utility, Steel or Fiberglass pole 27-31 Ft 100 0.4 to 0.8 250 W 350 18-28 HPS 150 0.4 to 0.6 200 to 300 26 ResidentialMV 175 0.4 to 0.6 15010360 32 Existing utility, Steel or Collector pole 150 0.4 to 0.6 20010 300 32Fiberglass 36 to 40 ]PS 200 0.4 to 0.6 250 to 300 32 Non -Residential HPS 150 0.6 180 to 220 32 Existing utility. or Steel pole Collector HPS 200 0.6 200 to 240 32 44 Undivided Minor Arterial HPS 150 0.6 TO 0.9 220 to 280 32 Twin Luminaries on Single Steel 2 — 22 Lanes w/ HPS 200 0.6 TO 0.9 240 to 280 32 pole in median 14 Fl. Median Principal Arterial HPS 150 1.0 175 to 200 32 Twin Luminaries 2-33 FL Lanes on Single Steel w/ pole in median HPS 200 1.0 19010 230 32 14 FL Median HPS 250 1.0 230 to 280 o40 3. Street illumination in new subdivisions shall be approved by the City Traffic Engineer. 4. Minimum pole standards shall be square, straight steel painted dark bronze with an anchor base except as may be otherwise approved by the Commission. 5. Luminaire type shall be standard rectangular metal with High Pressure Sodium Lamps. All service shall be underground. 6. Developers will pay 100% of the costs of street light installations and the first two years of estimated power usage before acceptance of the subdivision. The amount to be escrowed shall be determined by the following formula: the monthly charge per light fixture as determined by the appropriate power company (M) times 24 months (24) times the number of fixtures in the subdivision (F). M X 24 X F = Escrow Amount Section 8.12. Landscape Irrigation Systems. A fully automatic irrigation or sprinkler system of a type and design approved by the City shall be provided within all completed street medians or other landscaped areas. Connections under the street and between median cuts shall be provided to all unfinished medians for future development of the irrigation system. s3K.1 j ALLEN LAND DEVELOPMENT CODE Section 8.13. Drainage Requirements. 101. General Requirements - All storm sewer systems shall conform to the City's Standard Construction Details -Storm Drainage. 2. If any portion of the property contains a drainage course, lies within 100 feet from the top of a high bank, or contains Federal Emergency Management Agency (FEMA) floodplain, then the drainage basin area shall be determined. If that area is 160 acres or more, then the 100 -year floodplain, shall be established. All floodplain calculations shall be approved by the Floodplain Administrator. The floodplain shall be delineated on the plat and shall be dedicated to the City of Allen, at the city's option. 3. The floodplain shall be staked using materials specked by the City Engineer at 200 foot intervals at the cross-section of the floodplain study. Stakes shall remain in place unit the construction in the subdivision is completed. 4. In other cases, where a subdivision or addition is traversed by a watercourse, drainage way, channel, or stream a storm water or drainage easement conforming substantially to the line of such watercourse shall be provided and shall be of sufficient width to be adequate for a 100 year design storm frequency flow. 5. All properties located in the 100 -year floodplain shall be maintained in a natural state. Any deviations or modifications to the natural state shall require review and approval of the Commission. 6. Maintenance Easements. a. The property owner must provide a fifteen -foot easement on each side of and parallel to creeks or drainage ways for maintenance purposes. The access easement shall be above the base . flood elevation and accessible to vehicles and equipment. b. Access Easements must also be provided at 1,200 foot intervals along streets or alleys. The location and size of the access easement shall be determined by the Commission. The minimum width of the access easement shall be fifteen feet (15'-0"). c. Permanent monuments, the type and locations of which to be determined by the City Engineer, shall be placed along the boundaries of the access easement and private property. Access easements shall be included in the dedication noted on the plat. r-1 L J 7. Accommodation of Upstream Drainage Areas. A drainage structure shall accommodate runoff from its enfire upstream drainage area, whether inside or outside the subdivision or addition. 8. Effect on Downstream Drainage Areas. If adequate capacity is not available immediately downstream a drainage system, detention facility, or parallel system to mitigate the deficiency shall be required. The Commission shall withhold approval of the plat until such mitigation has been provided. 9. Stomnvater Detention Facilities. The City may assume maintenance responsibilities for stormwater detention facilities if title to facility passes to the City. Easements are required to ensure access for maintenance purposes. 8.27 ALLEN LAND DEVELOPMENT CODE Section 8.14. Monuments & Markers. a 1. Markers. Lot markers shall be a Y. inch reinforcing bar, 18 inches long, or approved equal, and shall be placed at all comers flush with the ground or below ground if necessary in order to avoid being disturbed. 2. Monuments. Monuments shall be set at any angle point in the perimeter boundary of the subdivision. Monuments shall be a concrete post 4 inches in diameter and 3 feet in length, or other such type of monument as may be approved by the City Engineer. Monuments must contain either a steel rod or a magnet. The precise point of intersection shall be indented on top of the monument. The top of the monument shall not be located greater than 6 inches below the surface. 3. Benchmarks. A benchmark will be established on a boundary comer of the subdivision and within the subdivision at a ratio of 1 for every 100 acres. Such bench marks shall be established to a NAD83, State Plane Coordinate, North Central Texas, Zone 5351 datum. The benchmark shall be established upon a permanent structure, or may be set as a monument, and shall be readily accessible and identifiable on the ground as well as on the subdivision plat Section 8.15.8.19 Reserved. Section 8.20 Mandatory Homeowners' Association. 1. Applicability— Any subdivision creating an area or amenity to be owned in common by the owners of lots within the subdivision shall require the establishment of a properly owners association prior to the approval of the final plat. When a subdivision contains streets, sewers, sewage treatment facilities, water supply systems, drainage systems or structures, parks, landscaping systems or landscape elements or features (including fountains and statues), landscape irrigation systems, screening walls, living screens, buffering systems, subdivision entryway features (including monuments or other signage), or other physical facilities or grounds held in common and necessary or desirable for the welfare of the area or subdivision, or that are of common use or benefit and that are not or cannot be satisfactorily maintained by the City or another public agency, the City may require the establishment and creation of a mandatory homeowner's association to assume and be responsible for the continuous and perpetual operation, maintenance and supervision of such facilities, structures, improvements, systems areas or grounds. 2. Responsibilities — Such mandatory homeowners associations shall be responsible for the continuous and perpetual operation, maintenance and/or supervision of landscape systems, features or element located in parkways, common areas, between screening walls or living screens and adjacent curbs or street pavement edges, adjacent to drainage ways or drainage structures, or at subdivision entryways. Subdivision entryway treatments or features shall not be allowed unless a mandatory homeowners association as required herein is established and created. The City shall be responsible for all median maintenance and all paving maintenance (except for private streets or roads) and the repair of landscape systems, features or elements damaged by City initiated utility work in dedicated easements. Other damage occurring during utility repairs will be the responsibility of the appropriate utility company. 3. Purpose. A homeowners association shall be established and created to assume and be responsible for the continuous and perpetual operation, maintenance and supervision of landscape systems, features or elements located in parkways, common areas between screening walls or living screens and adjacent curbs or street pavement edges, adjacent to drainage ways or drainage structures or at subdivision entryways, open space common areas or properties including but not limited to: landscape features and irrigation systems, subdivision entryway features and monuments, private amenity center, playgrounds, pavilions, ponds, detention ponds, off-street 8.28 ALLEN LAND DEVELOPMENT CODE .parking for the private amenity center, swimming pool, exercise trail, private neighborhood park and related amenities. 4. Dedications to Homeowners' Association — All open space and common properties or areas, facilities, structures, improvements systems, or other property that are to be operated, maintained and/or supervised by the Homeowners Association shall be dedicated by easement or deeded in fee simple ownership interest to the Homeowners Association after construction and installation as applicable by the Owner and shall be clearly identified on the record final plat of the properly. 5. Approval. A copy of the agreements, covenants and restrictions establishing and creating the homeowners association must be approved by the City Attorney prior to the approval of the final plat of the subdivision and must be filed of record with said record plat in the Map and Plat Records of the County. The record final plat shall clearly identify all facilities, structures, improvements systems, areas or grounds that are to be operated, maintained and/or supervised by the homeowners association. 6. Contents of Homeowners' Association Agreements. At a minimum, the agreements, covenants and restrictions establishing and creating the homeowners association required herein shall contain and/or provide for the following: a. Definitions of terms contained therein; b. Provisions acceptable to the City for the establishment and organization of the mandatory homeowners association and the adoption of by-laws for said homeowners association, including provisions requiring that the owner(s) of any lot or lots within the applicable subdivision and any successive purchase(s) shall automatically and mandatorily become a member of the homeowners association; c. The initial tern of the agreement, covenants and restrictions establishing and creating the homeowners association shall be for a twenty-five (25) year period and shall automatically renew for successive ten (10) year periods, and the homeowner's association may not be dissolved without the prior written consent of the City; d. Provisions acceptable to the City to ensure the continuous and perpetual use, operation, maintenance and/or supervision of all facilities, structures, improvements, systems, open space or common areas that are responsibility of the homeowners association and to establish a reserve fund for such purposes; e. Provisions prohibiting the amendment of any portion of the homeowners association's agreements, covenants or restrictions pertaining to the use, operation, maintenance and/or supervision of any facilities, structures, improvements, systems, area or grounds that are the responsibility of the homeowner's association without the prior written consent of the City, f. The right and ability of the City or its lawful agents, after due notice to the homeowners association, to remove any landscape systems, features or elements that cease to be maintained by the homeowners association; to perform the responsibilities of the homeowners association and its board of directors if the homeowners association fails to do so in compliance with any provisions of the agreements, covenants or restrictions of the homeowners association or of any applicable City codes or regulations; to assess the homeowners association for all costs incurred by the City in performing said responsibilities if the homeowners association fails to do so; and/or to avail itself of any other enforcement actions available to the City pursuant to State law or City codes or regulations; and g. Provisions indemnifying and holding the City harmless from any and all costs, expenses, suits, . demands, liabilities or damages including attorney's fees and costs of suit, incurred or resulting from the City's removal of any landscape systems, features or elements that cease to be maintained by the homeowners association or from the City's performance of the 8.29 ALLEN LAND DEVELOPMENT CODE aforementioned operation, maintenance or supervision responsibilities of the homeowners 1 association due to the homeowners association's failure to perform said responsibilities. .■/ 7. Notice to Purchasers- Builders are required to post notice in a prominent place in all model homes, sales offices and on all open space areas larger than 20,000 square feet stating that a property association has been established and membership is mandatory for all property owners. The notice shall state at a minimum that the builder shall provide any person upon their request the association documents and a five (5) year projection of dues, income and association expenses. 8. Maintenance Reserve Fund — Prior to the transfer of the association to the lot owners, the developer must provide a reserve fund equivalent to two months' dues based on full association membership. 9. Property Association Activation — Concurrent with the transfer of the association, the developer must transfer to the association control over all utilities related to property and amenities to be owned by the association. The developer must also disclose to the association the total cost to date related to the operation and maintenance of common property and amenities. Section 8.21-8.24 Reserved Section 8.25 Escrow Policies and Procedures. 1. Deposit with City — Whenever the City agrees to accept escrow deposits in lieu of construction by the owner of the property under these regulations, the property owner or developer shall deposit an amount equal to his share of the costs of design and construction in escrow with the City. Such amount shall be paid prior to release of construction plans by the City Engineer. In lieu of such payment at such time, the City may permit the property owner to contract with the City and shall agree in such contract that no building permit shall be issued for any lot included Within said plat, or increment thereof, until the full amount of the escrow is paid, or a pro rata part thereof for the full increment if developed incrementally. The obligations and responsibilities of the property owner shall become those of property owners transferees, successors and assigns; and the liability therefor shall be joint and several. 2. Determination of Escrow Amount— The amount of the escrow shall be determined by using the average of the comparable bids awarded by the City in the preceding six (6) months or, if none exist, then in the preceding year or, if none exists current market value of construction as determined by an estimate by the City Engineer. Such determination shall be made as of the time the escrow is due here under. 3. Termination of Escrow — Escrows which have been placed within the City under this section which have been held for a period of ten (10) years from the date of such preparation of plans and specifications for construction of such roadway facilities for which the escrow was made, shall upon written request be returned to the property owner, with accrued interest. Such return does not remove any obligations of the owner for construction of the required facilities if a building permit has not been issued on the subject lot or if anew building permit is applied for. 4. Refund — If any street or highway forwhich escrow is deposited for, is constructed, or is reconstructed by another governmental authority at no cost to the City, the escrowed funds and accrued interest shall be refunded to the property owner or developer after completion and acceptance of the public improvements. In the event that a portion of the cost is bome by the City and the other portion of the cost by another governmental authority, the difference between the owner's actual proportionate cost and the escrowed funds, including accrued interest, if any, shall be refunded after completion and acceptance of the improvements. Section 8.26. Payment of Fees, Charges and Assessments. As a condition of Plat approval, the Developer shall pay all fees, charges, and assessments, as may be imposed or required under this Code or other ordinances or regulations of the City. FIKI9 J J • ALLEN MND DEVELOPMENT CODE ARTICLE IX THOROUGHFARE PLAN Section 9.01. Thoroughfare Plan. The Thoroughfare Plan of the City and area traffic circulation plans included in the Comprehensive Plan, as it may be amended from time to time, are hereby adopted and incorporated herein by reference for all purposes. 9.1 ALLEN LAND DEVELOPMENT CODE ARTICLE X . PARKLAND DEDICATION Section 10.1. Purpose. To provide recreational areas and neighborhood parks to serve residential development. Section 10.2. Requirements for single-family, two-family and multi -family development. 1. Any residential development is required to dedicate one acre per 100 residential lots or dwelling units, or to pay money in lieu of land, or to provide a combination of land and money in lieu of land, when permitted or required by the other provisions of this Code. 2. Land to be dedicated for park purposes shall be identified in the General Development Plan as a requirement of the zoning approval for any residential development. Dedication is required prior to or at the time the final plat is approved for recordation with the county clerk of Collin County. 3. Land dedicated for park purposes will be adequately drained with direct access from a paved public street and will have water and sewer available. Floodplain areas and tracts with topography unsuitable for park development ordinarily do not meet the requirements for neighborhood parks. Floodplain areas identified in the Comprehensive Plan may be accepted as part of a park only if found to contribute to improvement of the park system and only if access to the park is adequate. 4. If fewer than 500 residential lots or dwelling units are proposed or if adequate neighborhood parks are located within one half mile of the proposed development or if ® the recreation potential for that zone would be better served by expanding or improving existing parks, the developer may be required to pay cash in lieu of land. 5. The dedication required by this section shall be made by the filing for record of the final plat. If the actual number of completed dwelling units exceeds the figure upon which the original dedication was based, additional payment of the cash id lieu of land is required. 6. Credit for the development of neighborhood park improvements may be granted pursuant to a duly executed facilities agreement. Section 10.3. Prior Dedication; Absence of Prior Dedication. 1. Any former gift of land to the city may be credited on a per -acre basis toward dedication requirements. 2. Open space required under Planned Development (PD) Zoning does not fulfill the requirements of this section. Section 10.4. Money -in -lieu of land. 1. Payment of money in lieu of land will be sufficient to acquire and develop neighborhood parks at a rate set by the Council by resolution. 2. Cash payments maybe used only for acquisition or improvement of a neighborhood park located within the same Community Park District (A, B, C or D) as the proposed development. Section 10.5. Comprehensive Plan Considerations. The need for parkland is identified in the Comprehensive Plan and the city's acceptance will be based on the suitability for development of the land for recreational purposes. The size of the 10.1 park shall be determined by the expected population of the planning district at a rate of two acres per one thousand persons. Section 10.6. Special Fund, Right to Refund. 1. All money paid in lieu of land dedication shall be deposited in an interest-bearing account identified as the Park Land Dedication Fund. Funds so deposited shall be used only for the acquisition and development of parks. 2. The city will account for all funds paid in lieu of land dedication and must expend such monies within 10 years from the date received. All funds shall be expended on a first in, first out basis. If funds are not expended for the acquisition or development of neighborhood parks, the owners of the property shall be entitled to a prorate refund of computed on a square foot of area basis. Any claim for unexpended funds must be filed in writing by the owner of the land within one year of the expiration of the ten-year period or such right shall be barred. Section 10.7. Annual Report Required. 1. The Director of Parks and Recreation shall prepare an annual report to the City Council on the status of parkland acquisition and development, including information concerning: a. park fees collected and expended; b. parkland and facilities required and developed with associated costs; Ir. any recommendation of the Parks and Recreation Board concerning park needs, the dedication of parkland, fees, fees in lieu of land or amendments to this Ij section. 102 ALLEN LAND DEVELOPMENT CODE ARTICLE XI IMPACTFEES Section 11.01. Purpose. This article is adopted pursuant to the provisions of Chapter 395 of the TExAS LocAL GOVERNMENT CODE, V.A.T.S., as well as under the authority of Article 11, Section 5 of the Texas Constitution. This article implements a policy of the city to impose fees on each new development project to pay the costs of constructing capital improvements and facility expansions necessary to serve new development. Section 11.02. Definitions. For purposes of this section, the following definitions apply: • Advisory Committee. The members of the Planning & Zoning Commission and the representatives appointed by the City Council as required by the enabling legislation for this ordinance. • Assessment. The determination of the amount of the maximum impact fee which can be imposed on new development pursuant to this article. • Capital improvement. Any of the following facilities that have a life expectancy of three (3) or more years and are owned and operated by or on behalf of the city: 1. Water supply and distribution facilities; wastewater collection facilities; and stormwater, drainage, Flood control facilities as they relate to the construction of roadway facilities; whether or not they are located within the service area; and 2. Roadway facilities. • Capital improvements plan. A plan contemplated by this article that identifies capital improvements or facility expansions for which impact fees may be assessed. The capital improvement plan is hereby adopted by this article. • Com. City of Allen, Collin County, Texas. • Credit. The amount of the reduction of an impact fee for fees, payments or charges for or construction of the same type of facility. • Facility expansion. The expansion of capacity of an existing facility that serves the same function as an otherwise necessary new capital improvement, in order that the existing facility may serve new development. The term does not include the repair, maintenance, modernization, or expansion of an existing facility to better serve existing development. • Final plat approval of approval of a final plat. The point at which the applicant has complied with all the conditions of approval and the plat has been released for filing with the county clerk. • Impact Fees. A charge or assessment imposed as set forth in this article against new development. The tern does not include: 1. Required dedications of land for public parks or payments made in lieu thereof; 2. Dedication of rights-of-way or easements, or the construction or dedication of on-site water distribution, wastewater collection or drainage facilities, or streets, sidewalks, or curbs if the dedication or construction is required by a valid ordinance and is necessitated by and attributable to the new development; or ALLEN LAND DEVELOPMENT CODE 3. Lot or acreage fees or pro -rata fees to be placed in trust funds for the purpose of ` reimbursing developers for constructing or over -sizing water or sewer mains or lines. J • Land Use Assumptions. A description of the service area and projections of changes in land uses, densities, intensities, and population in the service area over at least a ten-year period which has been adopted by the city and upon which the capital improvements plan is based. • New Develooment. The subdivision of land, the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of a structure; or any use or extension of the use of land; any of which increases the number of service units. • Of( -site. Located entirely on property which is not included within the bounds of the plat being considered for impact fee assessment. • On-site. Located at least partially on the plat which is being considered for impact fee assessment. • Roadway facilities. Arterial or collector streets or roads that have been designated on the city's officially adopted roadway plan, together with all necessary appurtenances. The term does not include any roadways or associated improvements designated on the federal or Texas Highway system. The term includes but is notlimited to interest in land, traffic lanes, curbs, gutters, intersection improvements, traffic control devices, tum lanes, drainage facilities associated with the roadway or street lighting. • Service Area. 1. For water supply, treatment and distribution facilities, wastewater collection and treatment: the entire area within the corporate limits of the city and its extraterritorial jurisdiction to be served by the capital improvements and facilities expansions specified in the capital improvements plan; 2. For roadway facilities: each individual service area designated in the capital improvements plan served by the roadway facilities designated in the capital improvements plan. • Service Unit. For purposes of impact fee assessment the applicable standard units of measure shown on the conversion table in the capital improvements plan and impact fee calculation which can be converted to equivalent single-family residential PM peak hour average vehicle trip ends per acre for roadway facilities and % inch water meter equivalents, as the context indicates which serves as the standardized unit of measure of consumption or discharge for water and wastewater facilities. • Sanitary sewer facility. An improvement for providing wastewater collection, including, but Tot limited to, land or easements, lift stations, or interceptor mains. Sanitary sewer facility excludes lines or mains which are reimbursed from prorate charges paid by developers or owners of property in other subdivisions as a condition of connection to or use of such facility. • Water facility. An improvement for providing water supply, treatment and distribution services, including but not limited to, land or easements water treatment facilities, water supply facilities, or water distribution lines. Water facility excludes water lines or mains which are constructed by developers, the costs of which are reimbursed from prorate of charges paid by developers or owners of property in other subdivisions as a condition J connection to or use of such facility. 11.2 ALLEN LAND DEVELOPMENT CODE Section 11.03. Advisory Committee. . 1. The capital improvements advisory committee (advisory committee) shall consist of the Planning & Zoning Commission. If the Commission does not include at least one representative of the real estate, development or building industry who is not an employee or official of a political subdivision or governmental entity, the Cily Council shall appoint at least one such representative as an ad hoc member of the advisory committee. If any impact fee is to be applied in the extraterritorial jurisdiction of the city, a representative from the area shall be appointed by the City Council. 2. The advisory committee serves in an advisory capacity and is established to: a. advise and assist the adoption of land use assumptions; b. review the capital improvements plan and file written comments; c. monitor and evaluate implementation of the capital improvements plan; d. file semi-annual reports with respect to the progress of the capital improvements plan and report to the City Council any perceived inequities in implementing the plan or imposing the impact fees; and e. advise the city staff and Council of the need to update or revise the land use assumptions, capital improvements plan and impact fee. 3. All professional reports concerning the development and implementation of the capital improvements plan shall be made available to the advisory committee. 4. The advisory committee shall elect a chair -person to preside at its meetings and a vice— chairperson to serve in their absence. Periodic Updates Required. The land use assumptions and Capital Improvements Plan shall be updated at least every three (3) years. Alternatively, the City Council may, pursuant to the provisions of the TEXAS LOCAL GOVERNMENT CODE §395.0575, make a determination that no such update is necessary. Section 11.04. Impact Fee Required; Exceptions. 1. Water and sewer impact fees shall be assessed for new development at the time final plats for single family residential are released for recordation and due and payable prior to or at the time of recordation of final plat. Water and sewer impact fees for other than single family residential shall be assessed at any time and shall be due and payable prior to connection to the City's water or sanitary sewer. Irrigation meters in single family residential are additional service units and will be assessed and fees collected at time of connection to the City's water or sanitary sewer. Transportation impact fees shall be assessed for new development at the time final plats are released for recordation and due and payable prior to or at the time of recordation of final plat. 2. Additional impact fees or increases in fees shall not be assessed unless the number of service units to be developed on the tract increases. Should the service units be increased, impact fees shall be increased in an amount equal to the current impact fee per service unit multiplied by the difference in the number of service units. 3. Except for roadway facilities, impact fees may be assessed but not collected for property where service is not available unless: • a. The city commits to commence construction of necessary facilities identified in the capital improvements plan within two years and have service available in five years; or 11.3 ALLEN LAND DEVELOPMENT CODE b. The city agrees in writing to permit the owner of the property to constructor finance the capital improvement or facility expansion and agrees that the costs incurred or funds advanced will either. I. be credited against the impact fees otherwise due from new development; or ii. reimburse the owner for such costs from impact fees paid from other new developments that will use such capital improvements of facility expansions, in which case fees shall be reimbursed to the owner at the time collected as other new development plats are recorded; or iii. the owner voluntarily requests that the City reserve capacity to serve future development and enters into a valid written agreement. 4. The owner of property for which there is a recorded plat may enter into an agreement with City providing for the time and method of payment of Impact Fees, which agreement shall prevail over the provisions of this Article. Section 11.05. Calculation of Impact Fees. 1. Impact fees for water and sewer shall be determined by multiplying the number of service unit equivalents in the proposed development by the amount per service unit equivalent due by referring to Schedules A— Equivalency Table and Schedule B — WaterNVastewater Impact Fees. 11.4 46 10 ALLEN LAND DEVELOPMENT CODE Schedule A Equivalency Tables WATER METER SIZE SERVICE UNIT EQUIVALENT WATER IMPACTFEE 5/8• 1.0 $ 1,114 3/4" 1.5 $ 1,671 V Simple 2.5 $ 2,785 1 1/2' Simple 5.0 $ 5,570 Y Compound 8.0 $ 8,912 3" Compound 16.0 $17,824 4' Compound 25.0 $ 27,850 6" Compound 50.0 $ 55,700 8" Compound 80.0 $ 69,120 10" Compound 115.0 $128,110 LAND USE TYPE AVG. AREA COVERAGE SERVICE UNIT EQUIVALENT Low/Medium Density Residential 3.5' 1 High Density Residential 21.4' 3.8 Commemial42etail 101890" 11.5' 50% office 13,070" 5.5' 50% Industrial 13,070" 3.6' 50% PublidSeml-Public 10,890" 3.5 DmIlieg Unk (DU) Gross Square Feet (GSF) Building Area Per Ave 2. Impact fees for transportation service areas identified on Map 11.05 shall be determined by referring to Schedule C for the appropriate land use. 11.5 ALLEN LAND DEVELOPMENT CODE Map 11.05 Roadway �f 7 { 2. If a development subject to impact fees under this section has an actual area coverage that varies by more than ten percent (10%) from the average area coverage used as the basis for determination of impact fees as contained in Schedule A— Equivalency Table, the impact fees assessed shall be determined by multiplying the fees calculated in accordance with subsection 1 herein by a ratio the numerator being the actual coverage and the denominator being the average area coverage shown in Schedule A. 3. The determination of impact fees shall be reduced by any allowable credits for the category of capital improvements. 4. The total amount of unpaid impact fees shall be attached to the development application, or, if to be paid at some later date, to the request for permit or connection. 5. Replatting shall not require recalculation of impact fees unless the number of service units is increased or land uses change. If a proposed development increases the number of service units, the impact fee shall be recalculated. J 11.6 11 11 ALLEN LAND DEVELOPMENT CODE Schedule B IMPACT FEE RATES FACILITY CATEGORY SERVICE AREA High Density Residential MAXIMUM PIER SERVICE PER SERVICE UNIT EQUIV. Otfice ADOPTED PER SERVICE IER SERVICE E UNIT EQUIV. WATER FACILITIES ALL $ 1,114 $ 1,114 WASTEWATER FACILITIES ALL $ 473 $ 473 THOROUGHFARE FACILITIES 1 $ 2,632 $ 2,632 THOROUGHFARE FACILITIES 2 $ 4,504 S 4,504 THOROUGHFARE FACILITIES 3 $ 850 $ 850 THOROUGHFARE FACILITIES 4 $ 3,739 $ 3,739 THOROUGHFARE FACILITIES 5 $ 2,164 $ 2,164 THOROUGHFARE FACILITIES 6 $ 1,812 $ 1,812 THOROUGHFARE FACILITIES 7 $ 618 $ 618 THOROUGHFARE FACILITIES 8 $ 2,853 $ 2,853 Schedule C Rnadwav Imnact Fees by land Use 11.7 L"IMedium Densntlal ity Resitlemlall High Density Residential Com Retail Otfice Industrial PubUd Serni-Public Service Equivalent 1 3.8 11.5' 50% 5.5' 50% 3.6' 50% 3.5 Service Area 1 $ 2,632 $ 10,002 $ 15,134 $ 7,238 $ 4,738 $ 9,212 Service Area 2 $ 4,504 $ 17,115 $ 25,898 $ 12,366 $ 8,107 $ 15,764 Service Area 3 $ 850 $ 3,230 $ 4,888 $ 2,338 $ 1,530 $ 2,975 Service Area 4 $ 3,739 $ 14,208 $ 21,499 $10,282 $ 6,730 $ 13,087 Service Area 5 $ 2,164 $ 8,223 $ 12,443 $ 5,951 $ 3,695 $ 7,574 Service Area 6 $ 1,812 $ 6,886 $ 10,419 $ 4,983 $ 3,282 $ 6,342 Service Area $ 618 $ 2,348 $ 3,554 $ 1,700 $ 1,112 $ 2,163 Service Area 8 $ 2,853 $ 10,841 $ 16,405 $ 7,846 $ 5,135 $ 9,986 11.7 ALLEN LAND DEVELOPMENT CODE Section 11.06. Credits. 1. Any construction of, contributions to, or dedications of any facility appearing on the 'J capital improvements plan which is required by the city to be constructed by the owner as a condition of development shall be credited against the impact fees otherwise due from the development. Credit for impact fees due an owner in one category of impact fees may not be used to offset impact fees in another category. 2. The amount of each credit for required construction of a facility shall be calculated by multiplying the value of the facility assessed for the capital improvements plan by a fraction, the numerator of which is the impact fee per service unit equivalent due for the new development computed using Schedule A and the denominator of which is the maximum impact fee per service unit computed using the plan. 3. As an alternative to the foregoing, the city and owner may enter into an agreement providing that, in addition to the credit, owner will be reimbursed for all or a portion of the costs of such facilities from impact fees received from other new developments that will use such capital improvements of facility expansions. 4. An owner shall be entitled to a credit against any category of impact fee provided in any written agreement between the city and the owner. 5. No credit for construction of any facility shall exceed the total amount of impact fees due from the development for the same category of improvements. Section 11.07. Accounting for Fees and Interest. 1. All impact fees collected shall be deposited in interest-bearing accounts Beady identifying the category of capital improvements or facility expansions within the service area for which the fee is adopted. 2. Interest earned will be credited to the account and is subject to the same restrictions on expenditures as the funds generating such interest. 3. Impact fees and the interest earned thereon may be expended only for the purposes for which such fees were imposed as shown in the Capital Improvements Plan. 4. The records of the accounts into which impact fees are deposited shall be open for public inspection and copying during ordinary business hours. Section 11.08. Refunds. 1. On the request of an owner of property on which an impact fee has been paid, impact fees shall be refunded if existing facilities are available and service is denied, or, if the city failed to commence construction of facilities required for service within two years of payment of the fee, or if construction is not complete within a reasonable time considering the type of capital improvements or facility expansion to be constructed, but not in any event more than five years from date of payment of the fee. 2. Upon the completion of capital improvements or facility expansions identified in the capital improvements plan, the impact fee shall be recalculated utilizing actual costs. If the impact fee based on actual cost is less than the impact fee paid, the city shall refund the difference, 9 the difference exceeds the impact fee paid by more than ten percent. 3. Any impact fee funds not expended within ten years after payment shall be refunded. 4. Refunds shall bear interest calculated from the date of collection to the date of refund at the •, statutory rate set forth in Section 302.002 TExA3 FINANCE CODE or its successor statutes. J 11.8 ALLEN LAND DEVELOPMENT CODE 5. All refunds will be made to the owner of record at the time the refund is paid. If, however, the Isimpact fees were paid by another political subdivision or governmental entity, payment shall be made to the political subdivision or governmental entity. 6. The owner of the property on which the impact fee was paid, or another political subdivision or governmental entity that paid the impact fee, have standing to sue for a refund under this section. r� u 0 Section 11.09. Appeals. Upon written application of the owner of property upon which impact fees were assessed, the City council shall consider appeals to the interpretations of or errors in the application of the impact fee regulations or schedules used to calculate the fees or credits. 11.9 ALLEN LAND DEVELOPMENT CODE APPENDIX A DEFINITIONS • • Accessory Structure (Residential) — a subordinate structure detached and used for a purpose customarily incidental to the principal residential use. • Accessory Structure (Non -Residential) — a subordinate structure detached and used for a purpose customarily incidental to the principal use. • Accessory Use - a use customarily incidental, appropriate and subordinate to the principal use and located on the same lot therewith. • Adult Day -Care Facility -a licensed or accredited facility that provides counseling, recreation, food, or any or all of these services to elderly or handicapped persons for a period of less than twenty-four hours a day. • Agricultural Use - any activity related to the cultivation of the soil, the production of crops for human food, animal feed or planting seed or for the production of fibers; floriculture, viticulture or horticulture; the raising or keeping of livestock; the planting of cover crops or the leaving land idle for the purpose of participating in any governmental program or recognized, normal crop rotation or livestock rotation procedure. A residential unit and related outbuildings located wholly on a tract of land used solely for one or more of the purposes described in the preceding sentence shall be deemed an accessory agricultural use. Airport - - An area improved for the landing or takeoff of aircraft • Air installation compatible use zone - areas upon which limited control is required with respect to land uses that may obstruct airspace because found generally compatible with airport operations, posing no health or safety hazard for aircraft operations. • Airport Elevation - the highest point airport usable landing area measured in feet above mean sea level. • Airport Obstruction - any structure or object of natural growth or use of land which would exceed the federal obstruction standards established in 14 CFR sections 77.21, 77.23, 77.25 and 77.28, or which obstructs the airspace required for flight of aircraft in landing or takeoff, or is otherwise hazardous to airport operations. Airspace height - the height limits established in this chapter, to be measured in feet above mean sea level. • Airoort hazard - any structure or object of natural growth located in the vicinity of the airport which obstructs the airspace required for the flight of aircraft or airport operations. • Alter or Alteration - any change, addition, or modification in construction, use or occupancy, or any change in the size, shape, outline, or type of sign. • Amenity Center— private recreation facilities which may include swimming pools, meeting rooms, open space, or other amenities maintained by a Homeowners Association for the benefit of neighborhood residents. • Amusement. Commercial (Indoor) — a facility offering indoor entertainment such as a bowling alley, video arcade or billiard parlor. • Amusement. Commercial (outdoor) — a facility offering outdoor entertainment or games of skill to the general public for a fee or charge such as a golf driving range, archery range, or . miniature golf course. Antique Shop - an establishment offering for sale glass, china, objects d'art, furniture or A.1 ALLEN LAND DEVELOPMENT CODE APPENDIX A similar furnishings and decorations which have value and significance as a result of age, design and sentiment. • Arterial - existing or proposed street identified as such on the adopted Major Thoroughfare Plan of the City of Allen. • Automotive Reoairs. Major - the repair, rebuilding or reconditioning of engines, air- conditioning systems and transmissions for motor vehicles, wrecker service, collision services, including body, frame or fender straightening or repair, customizing, painting, vehicle steam cleaning, undercoating and rust -proofing and any use listed under Automotive Repairs, Minor. • Automotive Repairs, Minor — Minor repair or replacement of parts, tires, tubes, and batteries; diagnostic services, minor motor services such as grease, oil, spark plug, and filter changing; tune-ups; emergency road service, replacement of starters, alternators, hoses, brake parts, automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of air-conditioning systems, and other similar minor services for motor vehicles except heavy load vehicles, but not including any operation named under "Automotive Repair, Major" or any similar use. • Automotive sales and service - the sale, rental, or display and service of passenger cars and light trucks, including Sport Utility Vehicles (SUVs) and trucks with a manufacturers Gross Vehicle Weight Rating (GVWR) of one (1) ton or less. • Awnin - A roof -like cover that is temporary in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements. • Bar - see Private Club. • Basement — the portion of a building at least four feet (4'-0") below grade for more than 50% of the perimeter but not more than eight feet (8'-0") below grade at any point of the structure. • Bed and Breakfast - a single-family dwelling which provides accommodations for one or more paying guests on a reservation basis. • Block - a parcel of land surrounded by public streets, highways, railroad rights-of-way, public walks, parks, or green strips, rural land, drainage channels, or a combination thereof. • Board - Board of Adjustment as authorized by 211.008 Tex. Loc. Govt. Code. • Boardina or Rooming house - a dwelling other than a hotel where meals and lodging are provided for compensation for three or more unrelated persons on a monthly or weekly basis, and where no cooking or dining facilities are provided in the individual rooms. • Build - to erect, convert, enlarge, reconstruct, or alter a building or structure. • Buildable Area - the area of the building site not including land located within the 100 -year Floodplain, easements, or yards. • Buildable Width - The width of a lot not included within the required side yard setbacks. • Building - Any structure built for the support, shelter and enclosure of persons, animals, chattels, or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building. • Building. Assembly - a building or portion of a building used for the gathering of 50 or more persons for such purposes as deliberation, education, instruction, worship, entertainment, amusement, drinking or dining, or awaiting transportation. • Buildin Codes - the adopted Uniform Building Code, the Uniform Plumbing Code, the International Mechanical Code and National Electric Code, as amended, and such other A.2 ALLEN LAND DEVELOPMENT CODE APPENDIX A building code as may be adopted by the City to govem buildings and structures. • Building Setback Line - A line established by zoning regulations, generally parallel to and measured from the lot line, defining the limits of a yard in which no building or structure may be located, except as otherwise provided. See definition of 'Yard." • Building Materials Sales — facilities for the wholesale or retail sale of building materials, tools and hardware customarily used in the construction of buildings and other structures. • Building Permit Application - an application submitted to the Chief Building Official for new construction and remodeling, including any exterior remodeling which increases the exterior dimensions of any structure; which includes the replacement of 51% or more of an existing roof; the construction of a masonry wall or fence exceeding thirty inches in height measured from natural grade; the enclosure of an existing canopy, carport, porte-cochere; or the construction of decking which exceeds thirty inches from natural grade. • Building Site - a tract of land located within a single block which, at time of filing for a building permit, is designed to be used, developed, or built upon as a unit. • Bulk Handling - the transferring of flammable or combustible liquids from tanks or drums into smaller containers for distribution. • Caretaker or Guard Residence — Accessory dwellings located on a premises occupied by a permitted principal use occupied only by guards or caretakers employed on the premises. • Carport - a structure open on a minimum of three (3) sides designed or used to shelter vehicles. • Carnival - temporary entertainment facilities providing rides, exhibits, games, musical .productions, food and drink, and items for sale as part of a private commercial venture. • Carwash — a facility for the washing of automobiles and light trucks. • Cellar - See Basement. • Cemetery - land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries if operated in connection with and within the boundaries of such cemetery. • Certificate of Compliance - a written certificate issued by the Commission denoting that a subdivision plat or replat has been reviewed and approved pursuant to Section 2122.0115 of the TEx. Loc. Govr. CODE. • Certificate of Occupancy - an official certificate issued by the City through the Chief Building Official that indicates conformance with building requirements and zoning regulations and authorizes legal use of the premises for which it is issued. • Certificate of title - a letter, report, opinion, statement, policy, or certificate prepared and executed by a fife company authorized to do business in the State of Texas, or an attorney licensed in Texas, describing all encumbrances of record which affect the property, together with all recorded deeds, including any part of the property included in the plat. • Chief Building Official - The Administrative Official charged with the responsibility of issuing permits and enforcing the zoning and building ordinances. • Church Temple or Rectory - a place of worship and religious training of recognized religions including the on-site housing of ministers, rabbis, priests, nuns and similar staff personnel. • City, - The City of Allen, Texas. • City Council - The governing body of the City. A.3 ALLEN LAND DEVELOPMENT CODE APPENDIX A • City Engineer - the engineer employed by the City, or the engineer retained as consultants to the City, or their duty authorized representative(s). • City Manager - the Chief Executive Officer of the City. • Clinic. Medical - a group of offices for three or more licensed physicians, dentists or other medical professionals to treat the sick or injured on an out-patient basis. See also Medical Office. • College or University - An academic institution of higher learning accredited or recognized by the State offering a program or series of programs of academic study. • Commercial condominium - that portion of a commercial, institutional or office structure under individual ownership, sharing a common lot with ownership and management of common areas held by an organization or association of property owners subject to the Texas Condominium Act. See also Condominium. • Commission - the Planning and Zoning Commission of the City. • Community Center - A building and grounds owned and operated by a governmental body, homeowners association, or non-profit organization for the social, recreational, health or welfare of the community served. • Comprehensive Master Plan - the plan adopted by the Council to guide the future development of the city which includes but is not limited to elements describing land uses, housing, transportation, utilities, parks, schools and other community facilities. • Concrete or Asphalt Batchina Plant (Temoorarv) - A temporary manufacturing facility for the production of concrete or asphalt during construction of a project, and to be removed when the project is completed. • Concrete or Asphalt Belching Plant (Non-Temoorary) - A non -temporary manufacturing facility for the production of concrete or asphalt. • Condominium - a building, or group of buildings, in which units are owned individually, and the structure, common areas, and facilities, are owned by all the owners on a proportional, undivided, basis. See also Commercial Condominium and Dwelling, Condominium. • Conaregate Residence - any building or portion thereof that contains facilities for living, sleeping and sanitation, and may include facilities for eating and cooking, for occupancy by other than a family, including but not limited to shelters, convents, monasteries, dormitories, sorority and fraternity houses. Congregate Residence does not include jails, hospitals, nursing homes, hotels or lodging houses. • Contractor's Yard — a building, part of a building or land area used for the storage of materials, implements, or machinery related to construction activity. • Convalescent Home - Any structure used for or customarily occupied by persons recovering from illness or suffering from infirmities of age. • Convenience Store — a retail store of less than 10,000 square feet in size engaged in the sale of personal or household merchandise, packaged foods and beverages. • Council - the City Council of Allen, Texas. • Country Club — a land area and buildings which may include a golf course, clubhouse, dining room, swimming pool, tennis courts and similar recreational or service uses available only to members and their guests. • Court - an open, unoccupied space, bounded on more than two sides by the walls of a building. An inner court is entirely surrounded by the exterior walls of a building. An outer A.4 ALLEN LAND DEVELOPMENT CODE APPENDIX A court has one side open to a street, alley, yard or other permanent space. • Coverage - the area of a lot or tract covered by the roof or first floor of a building expressed as a percentage of lot area. Roof eaves extending three (3) feet or less from the walls of a building are excluded from coverage computations. • Day Care Facility - a commercial facility licensed by the Texas Department of Protective and Regulatory Services (TDPRS) and may be titled a Nursery School, Kindergarten, Child Development Center, Day Care Center, Private School, etc., which provides care for less than 24 hours a day for more than 13 children under age 14. • Department - the Department of Planning and Development. • Densi -the number of residential units pennitted on a specific tract of land usually expressed in a total number of units per gross or net acre. • Developer - the person, business, partnership, corporation, or association responsible for the development of the subdivision or addition. • Director - the Director of the Department of Planning and Development, or designee. • District - a zoning district approved by Council to which regulations concerning land use, occupancy, development, height and area, and other restrictions apply. • Driveway stacking - the distance between the street right-of-way line and the near side of the first intersecting interior aisle or parking stall designed to allow queuing of traffic. • Dwelling Unit - any building or portion thereof that contains living facilities, including provisions for sleeping, eating, cooking and sanitation for not more than one family, or a congregate residence for 10 or less persons, but not including hotels or motels. O Dwelling. Single -Family detached - a dwelling unit contained in a free-standing structure designed for occupancy by a single family Dwelling. Two-FamiN - a single structure containing two dwelling units. See Duplex. • Dwelling. Multi -Family - a single structure containing three or more dwelling units. • Easement - the right of use over the property of another. • Essential Services - infrastructure for provision of services by public and private utilities but not including buildings. • Extraterritorial iurisdiction - the unincorporated territory extending beyond the City limits established by the authority and subject to the limitations of Chapter 42 of the Texas Local Government Code. • Facilities Agreement— a contract for reimbursement of cost based upon a distribution of use or service. • Family - a number of individuals living together as a single housekeeping unit, in which not more than four (4) individuals are unrelated by blood, marriage, or adoption. • Family Home - a home that regularly provides care in the caretaker's own residence for not more than six children under 14 years of age, excluding the caretaker's own children, and that provides care after school hours for not more than six additional elementary school, but where the total number of children, including the caretaker's own, does not exceed 12 at any time. • Fence - an artificially constructed barrier enclosing all or part of a tract of land intended to prevent escape or intrusion, or to establish a boundary. A.5 ALLEN LAND DEVELOPMENT CODE APPENDIX A Filing date - the dale on which a complete application for plat approval is presented to the Planning and Development Department. • Flea Market - an enclosed or unenclosed marketplace where second-hand, crafts, antiques or other goods are regularly offered for sale by two or more merchants. Fund-raising events sponsored by religious, charitable, education, social or political organizations are not a flea market. • Floodplain -an area of land subject to inundation by a 100 -year frequency flood as determined using standard engineering practices and generally shown on the Flood Insurance Rate Map (FIRM) for the City of Allen • Floodwav -the channel of a stream, plus any adjacent floodplain areas. • Floodwav Fringe -the area between the floodway and 100 -year floodplain boundaries. • Floor area. gross -the total area of a structure measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage, but excluding carports or garages. • Floor area. net - the gross floor area of a structure less stairs, washrooms, elevator shafts, and other common areas open to public or semi-public use. • Floor Area Ratio (FAR) - the ratio between the gross floor area in a structure and the total square feet of land in the tract on which the structure is located. • Fraternal Organization. Lodge or Civic Club - A society or association having a restricted membership and organized for the pursuit of some common objective. • Frontage - the portion of any tract which abuts a public street right-of-way affording primary access to the tract. • Fueling station - any building or premises used for the dispensing, sale, or offering for sale at retail of automobile fuel, oils, lubricants and automobile accessories. • Garage. Private - an accessory building enclosed on three sides designed or used for the storage of motor vehicles owned and used by the occupants of the building to which it is accessory. • Garage. Public - a building or portion thereof, other than a private or storage garage, designed or used for storing motor vehicles for a fee. • Garage Sale - Occasional sales on residential premises. • General Development Plan - a map or plat designed to illustrate the general design features and street layout of a proposed subdivision to be developed and platted in sections or phases. • Golf Course - a regulation golf course constructed by a private individual or group and operated as a commercial enterprise other than a driving range, miniature golf or similar golf oriented commercial amusement. • Grade (Adjacent Ground Elevation) - the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than 5 feet from the building, between the building an a line five feet from the building. • Firearms Sales and Repair - An establishment that is primarily engaged in the sale and repair of firearms and accessories. • Gymnastics Training Center - A Gymnastics Training Center provides training and exercise A.6 ALLEN LAND DEVELOPMENT CODE APPENDIX A in the proper conditioning and preparation for the sport of gymnastics • Height - The vertical distance of a structure measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to (1) the highest point of the roofs surface if a flat surface, (2) to the deck line of mansard roofs, or (3) to the mean height level between eaves and ridge for hip and gable roofs and, in any event, excluding chimneys, cooling towers, elevator bulkheads, mechanical equipment, standpipes, telecommunication towers, ornamental cupolas, domes and spires, and parapet walls not exceeding ten (10) feet in height. Heliport -a landing facility for rotary wing aircraft subject to regularly scheduled use and may include fueling or servicing facilities for such craft. • Helistoo - a landing pad for occasional and infrequent use by rotary wing aircraft. No on-site servicing of or fueling and not for regularly scheduled stops. • Helistoo. temporary - A landing pad where the use is not to exceed three (3) days, with no more than three (3) stops per day. Home Occupation - an occupation or activity that is incidental and secondary to the primary use of the premises as a residence, and customarily conducted in a residential dwelling unit by a member of the residence, entirely within the main stricture. • Hospital - an institution in which there are complete facilities for diagnosis, treatment, surgery, laboratory, x-ray, and the prolonged care of bed patients. Medical clinics may have some but not all of these facilities. • Hotel - A building offering overnight or temporary lodging accommodations for travelers or guestrooms for compensation on a daily rate to the general public and providing additional . services, such as restaurants, meeting rooms, maid service and recreational facilities. A Hotel may be either a full-service hotel, a limited service hotel, or a suite Hotel. • Improvement - the construction, enlargement, alteration, repair, removal, conversion, or demolition of a building or structure. • Laboratories (Dental) - Any place where a person would perform the duties of a Dental Technician as defined in Article 455.1.f Section 1 of the Texas Dental Practice Act. • Laboratories (BIO Safety Level 2 OSHA Standards) - a facility in which work is done with the broad spectrum of indigenous moderate-nsk agents present in the community and associated with human disease of varying severity. • Laboratories (BIO Safety Level 3 OSHA Standards) - a facility in which work is done with indigenous or exotic agents where the potential for infection by aerosols is real and the disease may have serious or lethal consequences. • Laboratories Scientific (BIO Safety Level 4 OSHA Standards) - a facility in which work is done with dangerous and exotic agents which pose a high individual risk of life-threatening disease. • Laundry/Cleaning Plant Commercial — a facility of 5,500 square feet or more equipped for commercial laundry and dry cleaning operations and storing solvents and cleaning compounds on the premises. • Laundry/Cleaning Plant Retail with Pick-up Facilities - a facility of less than 5,500 square feet in gross floor area offering retail services to the public, equipped for commercial laundry and dry cleaning operations, and storing solvents and cleaning compounds on the premises AW • Laundry/Dry Cleaning - Pick -Up Only - a facility used for picking up individual consumer's laundry and/or dry cleaning without dry cleaning equipment located on the premises. r_ -W1 ALLEN LAND DEVELOPMENT CODE APPENDIX A • Laundry, self-service - an unattended facility with coin-operated washing machines and or/dryers available for the use of the general public. This does not include laundry facilities provided as an accessory use for the benefit of the residents or tenants of multi -family development projects. • Lawn Equipment Sales and Repair - An establishment primarily engaged in the sale and repair of new and used merchandise, including mowers, blowers, lawn tractors, edgers or other lawn equipment. • Livestock Auction - bams, pens and sheds for the temporary holding and sale of livestock. • Loading Space - a space within the main building or on the same lot, providing for the standing, loading or unloading of trucks, together with access and maneuvering areas provided on the some building lot as the principal use for which the loading space is intended. • Location Mao - a vicinity map indicating the location of a specific site with reference to established physical landmarks, including streets, rivers, railroad rights-of-way, and highways. • Local Utility Line - facilities provided by a municipality or a franchised utility company for the distribution or collection of gas, water, surface drainage water, electric power or communication service. • Lot - an undivided tract or parcel of land having frontage on a public street and designated as a distinct tract. • Lot Area - The "lot area" is the area of a horizontal plane intercepted by the vertical projections of the front, side, and rear lot lines of a building lot. • Lot Area Per Dwelling Unit - is the lot area required for each dwelling unit located on a building lot. • Lot. Comer- a building lot situated at the intersection of two streets. • Lot Coverage - The percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot or the area determined as the maximum cross sectional area of a building. • Lot Depth - the mean horizontal distance between the front lot line and the rear lot line of a building lot measured at the respective mid -points of the front lot line and rear lot line within the lot boundary. • Lot. Flag - a lot of irregular shape with reduced frontage on a public or private street with dimensions which are otherwise adequate at the building line. • Lot Reverse Flag - a lot of irregular shape with reduced access to a rear alley, amenity or natural feature. • Lot. Interior - a lot within a subdivision that is not located at the intersection of any adjacent public or private street. • Lot Line — a "lot line" is a boundary of a building lot. • Lot Line. Front - the boundary of a building lot that is the line of an existing or dedicated street. Upon comer lots either street line may be selected as the front lot line providing a front and rear yard are provided adjacent and opposite, respectively, to the front lot line. • Lot Line. Side - is that boundary of a lot which is not a front lot line or a rear lot line. A.8 ALLEN LAND DEVELOPMENT CODE APPENDIX A • Lot Line. Rear - is that boundary of a lot which is most distant from and is, or is • most nearly, parallel to the front lot line. • Lot of Record - an area of land designated as a lot on a plat of a subdivision recorded, pursuant to statutes of the State of Texas, with the County Clerk of Collin County, Texas, or an area of land held in single ownership described by metes and bounds upon a deed recorded or registered with the County Clerk. • Lot. radial - lots adjacent to curved streets or circular cul-cle-sacs with side lot lines running roughly perpendicular to the street right-of-way • Lot Width - The width of a lot at the front building line. Measurements on irregularly-shaped lots to be taken in a straight line from a point where the front building line crosses the side property lines • Main Building — a building or buildings on a lot occupied by the primary use. • Maintenance and Storage Facilities - land, buildings and structures devoted primarily to the maintenance and storage of construction equipment and material. • Manufactured Housing Unit - a pre -assembled self-contained dwelling unit designed to be transported in one or more parts which is not to be installed on a permanent foundation. Modular housing units, recreational vehicles and campers are not manufactured housing units. • Manufactured Housino Unit Space - an area of land within a Manufactured Housing Park dedicated for the placement of a dwelling unit. • Manufactured Housing Unit Pad - a level and graded area to which the . manufactured housing unit will be secured. Manufactured Housing Park - a tract of land under single ownership and control that consists of not less than eight spaces leased for manufactured housing units. • Manufactured or Mobile Home Subdivision - a tract of land subdivided into lots which are designed as permanent sites for mobile or manufactured homes and which are served by separate utilities, dedicated street access on a legally filed plat and, are capable of being conveyed as separate lots. • Manufacturing (Light - the manufacturing, fabrication, transformation, or assembly of products that do not involve the generation of objectionable noise, odor, vibration, and dust or hazard. • Manufacturing (Heavy)_- establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics and resins. Manufacturing production usually is carried on for the wholesale market rather than for direct sales. • Mini -warehouse or Self -storage Facility - a building(s) containing separate, individual self - storage units of 500 square feet or less for rent or lease restricted solely to the storage of items • Mason - construction composed of stone, brick, concrete, gypsum, hollow clay file, concrete block or tile, glass block or similar building materials laid up unit by unit and set in mortar. Synthetic stucco (such as Exterior Finish and Insulation System (E.F.I.S) is not . masonry. • Mobile Home Park - a tract of land designed or being used to accommodate one or more portable dwelling units designed to be moved on wheels from location to location by A.9 ALLEN LAND DEVELOPMENT CODE APPENDIX A automobile, truck or similar prime mover. • Mobile Home Travel Trailer and Farm Implement Sales - the sale or rental of new and used 1 mobile homes, travel trailers or farm implements, but excluding repair work, except incidental r/ warranty repair of same, to be displayed and sold on the premises. • Motorcycle Sales and Repair Includina Personal Watercraft - an establishment primarily engaged in the sale, repair and service of new and used motorcycles, motorized bicycles, jet skis, or similar merchandise. • Museum Library or Art Gallery (Public) - an institution for the collection, display and distribution of books, objects of art or science, and which is sponsored by a public or quasi -public agency and which facilities are open to the general public. • Nonconforming Use - a building, structure, use or occupancy which was lawful on the effective date of zoning regulations or amendments thereto, or which was in effect when annexed into the City but which does not conform to the use regulations of the zoning district in which it is situated. • NurseryPlant Materials wholesale - land, buildings -structures or combinations thereof for the storage, cultivation, transplanting of live trees, shrubs or plants offered on the premises and including products used for gardening or landscaping. • Nursing Home - an extended, long -tern, or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. See Convalescent Home. • Noxious Matter - a material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being or comfort of humans. • Occupancy - the use or intended use of the land or buildings by proprietors or tenants. • Office use - administrative, executive, professional, managerial premises not a part of retail, wholesale or manufacturing operation. • Off-street Parking - Off-street parking located on the lot or tract occupied by the main use. • Office-ShowroomfWarehouse - an establishment with a minimum of 75% of its total floor area devoted to storage and warehousing but not accessible to the general public. The remaining area may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas. • Open Area - "Open Area" is that part of a building lot, including courts or yards, which: (a) Is open and unobstructed from its lowest level to the sky, and (b) Is accessible to all residents upon a building lot; and (c) Is not part of the roof of that portion of the building containing dwelling units. • Ogen Space - an area accessible to and permanently reserved for the common use and enjoyment of the occupants of residential uses for landscaping, leisure and recreational purposes. Open Space does not include area devoted to parking, accessory uses, fence row easements, landscaping required pursuant to this code, 100 -year flood plain areas, drainage easements, natural drainage areas; creeks or building separation required under adopted building codes. • Open Storage - the storage of any equipment, machinery, commodities, raw, semi -finished materials, and building materials, not accessory to a residential use, which is visible from any point on the building lot line when viewed from ground level to six feet above ground level. CRP: ALLEN LAND DEVELOPMENT CODE APPENDIX A • Outdoor Produce Market - a business which sells fresh fruit, vegetables, small plants, flowers, and related perishable food products. • Park or Playground (Public) - An open recreation facility or park owned and operated by a public agency such as the Municipal Park Department or School Board and available to the general public. • Parking Lot or Structure (Commercial) - an area or structure devoted to the parking or storage of automobiles for a fee. May include, in the case of a parking structure only, a facility for servicing of automobiles provided such facility is primarily an internal function for use only by automobiles occupying the structure and creates no special problems of ingress or egress. See also Garage. • Parking Lot. Truck - any area, used for the parking or storage of trucks or trailers larger than one ton (manufacturer's Gross Vehicle Weight). • Parking Space - an enclosed or unenclosed all-weather surfaced area of not less than one hundred sixty-two (162) square feet (measuring approximately 9 feet by 18 feet) not on a public street or alley, together with an all-weather surfaced driveway connecting the area with a street or alley permitting free ingress and egress without encroachment on the street or alley. • Paving Width — the width of the driving surface that is commonly used by vehicular traffic, including any associated curbs. This is normally the width of the paved driving surface as measured from edge of pavement to edge of pavement. • Pawnbroker — any person engaged in the business of lending money on the security of pledged goods, or engaged in the business of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. • Pawnshop —an establishment where money is loaned on the security of personal property pledged in the keeping of the owner or proprietor. Also includes the retail sales of used items. • Performance Standards - standards or criteria by which qualitative and quantitative measures are derived for the regulation of uses and activities. The following definitions are applicable to Performance Standards: • Atmosphere - the air that envelops or surrounds the earth. Where air contaminants are emitted into a building not designed specifically as air pollution control equipment, such emission into the building shall be considered emission into the atmosphere. • Atmospheric Pollution - the discharging from stacks, open storage, chimneys, exhausts, vents, ducts, openings, or open fires of such air contaminants as visible emissions, sulphur dioxide, particulate matter, hydrocarbons, fumes or similar material or gases. • Combustion - the rapid exothermic reaction of any material with oxygen. • Emission - the act of passing into the atmosphere an air contaminant or a gas stream that contains or may contain an air contaminant or the material so passed into the atmosphere. • Emission Point - the location (place in horizontal plane and vertical elevation) at which an emission enters the atmosphere. • Exhaust Gas Volume - the total volume of gas emitted from an emission point. A.11 ALLEN LAND DEVELOPMENT CODE APPENDIX A Freguencv - the number of times per second a vibration or sound wave oscillates. Noise — any sound which annoys or disturbs humans or which causes or tends to 1 cause an adverse psychological effect on humans. J • A -Weighted Sound Level — the sound pressure level in decibels as measured on a sound level meter using the A -weighing network. The level read is designated as dB(A) or dBA. • Background Noise — noise from all sources other than that under specific consideration including traffic, established by measuring the noise over an eight -minute period of time. Bounding Lot Line — the far side of any street, alley, stream or other permanently dedicated open space from the stationary source when such open space exists between the lot line of the stationary source and adjacent property. When no such open space exists, the common line between two pieces of property shall be interpreted as the bounding lot line. • Daytime — the hours between 7:00 a.m. and 8:00 p.m. • Decibel (dB) — a unit for measuring the volume of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of sound measured to the reference pressure of 20 micropascals (20Micronewtons per square meter). • Sound - the weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network as specified in the American National Standards Institute specifications for sound level meters (ANSI SI 4-1971 or the latest revision thereto). Sound Level Meter — an instrument which includes a microphone amplifier, RMS detector, integrator or time averager, output meter and weighting networks used to measure sound pressure levels. • Sound Pressure — the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by sound energy. • Sound Pressure Level — 20 times the logarithm to the base 10 of the ratio of the RMS sound pressure to the reference pressure of 20 micropascals (20 x10-6N/m2). The sound pressure level is denoted Lp or SPL and is expressed in decibels. • Time Weighted — an established period of time during which the sound pressure levels are averaged. • Odor Threshold - the concentration of odorous matter in the atmosphere necessary to be perceptible to the olfactory nerve of a normal person. Determination of the Odor Threshold is prescribed by A.S.T.M.D. 1391-57, Standard Method for Measuring Odor in Atmosphere. Ooeration - any physical action resulting in a change in the location, form of physical properties of a material, or any chemical action resulting in a change in the chemical composition or chemical or physical properties of a material Including but not limited to heat transfer, calcination, double decomposition fermentation, pyrolysis, electrolysis, combustion material handling, evaporation mixing, absorption, filtration, fluidization, screening, crushing, grinding, A.12 ALLEN LAND DEVELOPMENT CODE APPENDIX A demolishing, shoveling, bagging, etc.. Particulate Matter - any material, except uncombined water, which exists in a finely divided form as a liquid or solid at standard conditions when released into the atmosphere. • Person or Operation - any person, fine, association, organization, partnership, business, trust, corporation, company, contractor, supplier, installer, user, or owner or any state or local governmental agency or public district or any officer or employee thereof. It includes the owner, lessor, lessee, tenant, licensee, manager and operator, or any of such, of any emission point or any source operation which may constitute a source of atmospheric pollution related thereto, or any interest in such emission point or operation source. • Smoke - a visible discharge of particulate matter from a chimney, vent, exhaust or combustion process. • Toxic and Noxious Matter - any solid, liquid, or gaseous matter which is present in sufficient quantities to endanger health, safety and comfort of persons in the vicinity or which may cause injury or damage to property. • Vibration - a periodic displacement of the earth measured in inches. • Personal Service — service involving the care of a person, including barber shop, beauty shop, tailor, dressmaker, shoe shop, or similar shop offering custom service. • Pest Control Service — a commercial enterprise licensed by the state engage in the eradication of insects and vermin. • Plat— a map or drawing depicting a tract of land prepared in conformance with Chapter 212 40 of the Texas Local Government Code. • Plat amending — an approved recorded plat resubmitted to correct dimensional or notational errors and omissions, or to relocate lot lines. • Plat combination - a plat containing three lots or less that is considered as both a preliminary and final plat. • Plat final subdivision - the map or drawing of a proposed subdivision prepared in a manner suitable for recording in the appropriate county records and prepared in conformance with the conditions of preliminary plat approval granted by the Commission. • Plat preliminary subdivision - the map or drawing of a proposed subdivision illustrating the features of development for the review of the Commission. • Plat street dedication - a map or drawing Illustrating only the location of a public street within a specific tract of land. • Plavfield or Stadium - an athletic field or stadium owned and operated for the general public including a baseball field, golf course, football field or stadium. • Private Club - an establishment providing dining facilities which may also provide alcoholic beverage service to an association of persons who by membership fall under the provisions of the Title 3, Chapter 32 of the Texas Alcoholic Beverage Code. • Restaurant/Private Club - an establishment providing social and dining facilities, as well as alcoholic beverage service, to an association of persons, who by membership fall under the provisions of the Texas Alcoholic Beverage Code. A.13 ALLEN LAND DEVELOPMENT CODE APPENDIX A • Public Service Facility - the erection, construction, alteration, operation, or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other govemmental agency, including the furnishing of electrical, gas, rail transport, communications, public water and sewage services, and the storage and maintenance of related equipment and materials. • Radio Television or Microwave Towers - structures supporting antennae for transmitting or receiving any portion of the radio spectrum, but excluding noncommercial antennae installations for home use of radio or television. See also Telecommunications. • Recreation Area - a "recreation area" is a privately owned park, playground, or open space maintained by a community club, property -owners association, or similar organization. • Recreation Camp - an area of land on which two or more travel trailers, campers, tents or other similar temporary recreational structures are regularly accommodated. • Recreation Center (Public) - a building or buildings housing recreation facilities owned, operated or leased for operation by the City of Allen and may include swimming pools, tennis and other indoor or outdoor athletic facilities. • Recreational Vehicle - a vehicle manufactured or modified to contain temporary Irving quarters for travel, recreation, or vacation purposes. This definition shall include but is not necessarily limited to campers, travel trailers, truck campers, and motor homes. • Replat - a plat of all or part of property incorporated in a previously recorded plat that has not been vacated. • Restaurant or Cafeteria (No Drive -In Service) - an establishment serving food to the general public in specific, designated dining areas. • Restaurant or Eating Place (Drive -In Service) - an establishment designed and constructed to serve food for consumption on the premises in an automobile or for carryout for off premises consumption and which establishment may or may not have on -premises dining room or counter. • Restaurant (With Drive -Through) - an establishment serving food to the general public with designated dining areas and allowing carryout window(s) serving a single lane of automobiles for the purpose of serving food to go where food consumption is not allowed in automobiles on the premises. • Retail Store — an establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. • Right -of -Way: - the land area provided by dedication for public use for streets, utilities, walks, and other uses, also providing access to adjoining properties. • School Business and Trade - a secondary or higher education facility primarily teaching usable skills that prepare students for jobs in a trade and meeting any State requirements as a vocational facility. • School Public or Denominational - a school under the sponsorship of a public or religious agency having a curriculum generally equivalent to public elementary or secondary schools, but not including trade or commercial schools. • Servant's Quarters — an accessory building located on the same lot as the principal residential building, occupied only by such persons and their families as are employed full A.14 ALLEN LAND DEVELOPMENT CODE APPENDIX A time by the occupants of the principal residence. • Service Station - a service station is any building or premises used for the dispensing, sale, or offering for sale at retail of any automobile fuels or oils. See also Fueling Station. • Sewers On -Site - a septic tank or other individual sewage disposal system on an individual lot which has the approval of health and sanitation officials having jurisdiction. Sexually -Oriented Business - an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult theater, escort agency nude model studio, massage parlor or sexual encounter center defined as follows: • Adult Bookstore or Adult Video Store - a business establishment which sells, exhibits, or offers for sale or rental sexually explicit books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, other visual representations; or instruments, devices or paraphernalia. • Adult Cabaret or Theater— a nightclub, bar or restaurant or similar commercial establishment which regularly features nude persons, sexually explicit live performances, or films, motion pictures, video cassettes, slides of other photographic reproductions. • Escort Agency — a person or business association who furnishes, offers to furnish, or advertises escorts for hire. • Massage Parlor - an establishment providing massage service but not including therapeutic or rehabilitative exercises provided under the direction of a licensed professional physical therapist, chiropractor or physician. • Nude Model Studio — a commercial establishment which features nude persons to be sketched, drawn, painted, sculpted, photographed or observed for a fee or other form of consideration. • Sexual Encounter Center — a commercial establishment that offers or permits sexually explicit physical contact between persons of the opposite sex. • Sidewalk - That portion of the street right-of-way outside the vehicle travel way which is for the use of pedestrian traffic. • Sian - any medium, including its structure and component parts, either a name, identification, description, display, and/or illustration which is affixed to, or represented directly or indirectly upon a building, structure, or piece of land which directs attention to an object, product, place, activity, institution, or business without regard to the message content or lack thereof. • Specific Use Permit (SUPT - a zoning designation for uses that may be allowed in specified districts. • Stable - a commercial enterprise engaged in housing, boarding horses or providing horses for hire. Story- the part of a building, other than a basement, between the surface of a floor and the ceiling immediately above, or, if there be no floor above it, then the space between the floor and the ceiling next above it. • Story, Half - a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level and in which space not more than two-thirds (2/3) of the floor area is finished out for use. . Street Thoroughfare or Road — a right-of-way providing access to adjacent properties with a part thereof to be used for vehicular traffic. A.15 ALLEN LAND DEVELOPMENT CODE APPENDIX A • Street Access - any public street within a subdivision or along the boundaries of a subdivision which would serve any properties outside the plat boundaries or provide a connection directly with a collector street • Street. Alley - a minor street used primarily for vehicular access to the back or side of properties abutting on another street. • Street. Arterial - a general term denoting a highway primarily for through traffic carrying heavy loads and large volume of traffic, usually on a continuous route. • Street Collector - a thoroughfare, whether within a residential, industrial, commercial or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivision. • Street. Cul-de-sac - a local street of relatively short length with one end open to traffic. • Street. Dead -End - a street temporarily having one outlet for vehicular traffic and intended to be extended or continued in the future. • Street. Interior - a street located within a subdivision designed to serve only those properties within the boundaries of the subdivision in which it is established. • Street. Local - a street providing access to residential or other abutting property. • Street. Loop - a local street, each end of which terminates at an intersection with the same adjacent street, and whose principal radius points of 180 degree system of turns are not more than 1,000 feet from said adjacent street, and normally more than 600 feet from each other. ` • Street, stub - a public street not terminated by a permanent circular turnaround, J ending adjacent to undeveloped property or acreage. • 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, decks in excess of thirty (30) inches in height, and roof overhangs exceeding three (3) feet. A wooden fence of less than seven feet (7'-0") shall not be considered a structure for purposes of this chapter, nor a masonry, brick, concrete, or cinder block wall of less than twenty-four inches in height. • Structure. Principal - a structure in which the principal use of the lot, on which it is located, is conducted. All residential uses, except bona fide servants' quarters, are principal uses • Subdivision - a division of land into two (2) or more parts to lay out a subdivision of the tract, including an addition to the municipality, or to lay out suburban, building or other lots, and or to lay out streets, alleys, squares, parks or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to public streets, alleys, squares, or parks or other parts. A division of a tract under this subsection includes a division regardless of whether it is made using metes and bounds description in a deed of conveyance, by using a contract for sale or other executory contract to convey, or by any other method. A subdivision does not include the division of land into parts greater than five (5) acres, where each part has access and no public improvement is being dedicated. • Swim or Tennis Club - a private recreational club with restricted membership, usually of less area than a Country Club but including a clubhouse and a swimming pool, tennis courts and similar recreational facilities none of which are available to the general public. • Tar -get Range - any indoor facility open to the public and occupying all or a portion of a FIII:: ALLEN LAND DEVELOPMENT CODE APPENDIX A building where firearms are discharged for testing or recreation purposes. • Teen Club - a retail amusement establishment focused on the 13-19 year-old market group. providing entertainment through music, food and nonalcoholic beverage service, dancing, coin-operated machines, and the like. • Telecommunications - the transmission, between or among points specified by the user, of audio and/or visual information of the user's choosing, without change in the forth or content of the information as sent and received. • Alternative Mounting Structure - a water tower, man made tree, clock tower, church steeple, bell tower, utility pole, light standard, free standing sign, flagpole, or similar structure, designed to support and camouflage or conceal the presence of telecommunications antennas. • Antenna - a structure or device used to collect or radiate radio, television, microwave, electromagnetic waves, including directional antennas, such as panels, wireless cable and satellite dishes, and omni -directional antennas, such as whips, but not including satellite earth stations or noncommercial antennae installations for home use of radio or television. • Array - an arrangement of antennas and their supporting structure. • Dish - a parabolic or bowl shaped device that receives and/or transmits signals in a speck directional pattern. • Panel - an antenna which receives and/or transmits signals in a directional pattern. • Stealth - a telecommunications antenna that is effectively camouflaged or concealed from view. • Telecommunications - an antenna used to provide a telecommunications service. This excludes lightning rods, private mobile radio systems, amateur radio antennas less than 35 feet in height in residential districts and 50 feet in height in non-residential districts, and whip antennas less than 4 inches (10 cm) in diameter and less than 10 feet in height. • Whip - an omni -directional dipole antenna of cylindrical shape which is no more than 6 inches in diameter. • Co -location - a single telecommunications tower and/or site used by more than one telecommunications service provider. • EIA -222 - Electronics Industries Association Standard 222, "Structural Standards for Steel Antenna Towers and Antennas Support Structures." • Service - the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. • Tower - a self-supporting or guyed structure more than twenty feet in height, built primarily to support one or more telecommunications antennas. • Electric Transmission - a self-supporting structure in excess of 50 feet in height designed to support high voltage electric lines. This does not • include local utility or distribution poles (with or without transformers) designed to provide electric service to individual customers. A.17 ALLEN LAND DEVELOPMENT CODE APPENDIX A • Guyed - any telecommunications tower supported in whole or in part by cables anchored to the ground. • Height - the distance measured from grade to the highest point of any and all components of the structure, including antennas, hazard lighting, and other appurtenances, if any. • Monopole - a self-supporting telecommunications tower, which consists of a single vertical pole, fixed into the ground and/or attached to a foundation. • Self-supporting Lattice - a telecommunications tower that consists of an open network of metal braces, usually triangular or square in cross- section. • Theater - a structure providing for live or taped entertainment with fixed seating. • Thoroughfare - See Streets. • Townhouse - an single-family residence joined to another dwelling on one or more sides by a party wall with three (3) or more units with each unit located on an individual lot. • Townhouse condominium - an attached residential unit with three (3) or more units attached with individual ownership only in the living unit. Ownership and management of common areas is entrusted to a duly organized association of owners of property as provided in the Texas Condominium Act. • Trailer - a vehicle without motor power, designed or used for carrying property wholly on its own structure and to be drawn by a motor vehicle. • Tree -Protected Trees and Unprotected Trees of at least six caliper inches in diameter. l • Tree Caliper - The diameter of existing trees is measured in caliper inches four feet r/ above the soil grade. If the Tree is on a slope, measure from the high side of the slope. Trees must be measured above any unusual swells in the trunk. For a multi - trunk Tree, all trunks are measured. The total caliper inches of the largest trunk and one-half of the caliper inches of each additional trunk represent the caliper inches of the tree. The diameter of new or Replacement trees are measured in conformance with the American Association of Nurserymen Standards for Nursery Stock six inches above the ground for trees up to and including 4 -inch caliper, and twelve inches above the ground for trees of more than 4 -inch caliper. All measurements must be rounded to the nearest one-half inch. • Tree Cover - the perimeter of the combined drip line of one or more trees containing calipers greater than 6". • Trees. Fence Row - all six caliper inch trees located within five feet on each side of a nearly straight line. • Tree. Historic - a Protected Tree in excess of 40 inches or that is determined to be over 100 years old by an arborist's estimate. • Tree. Protected - any healthy tree located outside of the flood plain and which is not an Unprotected Tree. • Tree Removal Permit -a permit issued to an Owner to remove a tree. • Tree Survey - a survey of existing trees prepared by a licensed arborist showing the approximate location, size (caliper and height), condition [healthy or unhealthy] and A.18 ALLEN LAND DEVELOPMENT CODE APPENDIX A common name of each existing tree including a table listing of each tree showing the . common name, size (caliper and height). • Tree Replacement - a tree or trees planted for the purpose of replacing trees lost as a result of development. • Tree Unprotected — all Trees of a species listed as "Unprotected Trees" in Appendix C — Trees and Plants. • Use - the occupancy, purpose or activity for which the land, or building thereon, is designed, arranged, or intended, or for which It is occupied or maintained. • Use. principal -is the main use or occupancy of land or buildings as distinguished from a subordinate or accessory use. • Use Accessory - a use incidental or subordinate to the principal use. • Variance - an adjustment in the application of the specific regulations of zoning regulations to a particular parcel of property, which, because of special conditions or circumstances peculiar to the particular parcel and not the result of applicant actions, would result in unnecessary and undue hardship. • Veterinary Hospital or Clinic - a place for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals which may include boarding of animals is incidental to the principal use. • Warehouse - a building in which more than fifty percent of the ground floor area is utilized for the storage of products, which is not the office or showroom area of the building. • Wholesale business - those businesses which sell, broker, transfer, receive or otherwise . handle volume commodities for fabrication, resale or internal commercial or industrial consumption. • Wrecking Junk or Auto Salvage Yard - a yard or building where automobiles or machinery are stored, dismantled and/or offered for sale as whole units, as salvaged parts or as processed metal. • Yard - the area between the property line and the building setback line in which no structure may be located • Yard. Front - An open, unoccupied space on a lot facing a street extending across the front of a lot between the side lot lines and from the main building to the front lot or street line with the minimum horizontal distance between the street line and the main building line as specified for the district in which it is located. • Yard. Rear - An open, unoccupied space, except for accessory buildings as herein permitted, extending across the rear of a lot measured between the side lot lines and having a depth between the building and the rear lot line as specked in the district in which the lot is situated • Yard. Side - An open, unoccupied space or spaces on one side or two sides of a main building and on the same lot with the building, situated between the building and a side line of the lot and extending through from the front yard to the rear yard. Any lot line, not the rear line or a front line, shall be deemed a side line. • Zoning District Map - The official certified map depicting the boundaries of zoning districts. • Zoning Administrator - Director of Planning and Development. A.19 ALLEN LAND DEVELOPMENT CODE APPENDIX B FEES AND CHARGES Schedule A- Subdivision Filing Fees 1. Residential: For Single Family Uses Preliminary Plat $250.00 per plat plus $15.00 per lot Final Plat $350.00 per plat plus $25.00 per lot Residential: For Multi -family Uses Preliminary Plat $250.00 per plat plus $7.50 per unit Final Plat $350.00 per plat plus $10.00 per unit Combination Plat $350.00 per plat plus $17.50 per unit 2. Other Uses: For Commercial, Industrial, Institutional and Other Uses not normally platted in lots: Preliminary Plat $150.00 per plat plus $15.00 per acre. Final Plat $200.00 per plat plus $25.00 per acre Combination Plat $300.00 per plat plus $40.00 per acre All acreage will be rounded up to the nearest whole acre. 3. Refiling: When a preliminary plat has been disapproved by the Commission, and the subdi- vider refiles a new design for all or a lesser portion of the preliminary plat within thirty (30) days of such disapproval, no new fee shall be charged for the refiling. When a plat has been withdrawn by the applicant, no new fee shall be charged for refilling if resubmitted within sixty (60) days of the date that the plat is withdrawn. After sixty (60) days) fees shall apply as an original submission. Schedule B - Permit Fees Temporary Use Permit $100.00 Temporary Use Permit Renewal $100.00 Clearing and Grading Permit $ 50.00 Development Permit $100.00 Tree Removal Permit - $100.00 30 Day Tree Removal Extension $ 50.00 Schedule C - Other Charges 1. Wali Maintenance Fee - $10 per foot of wall constructed on City right-of-way must be paid prior to issuance of building permits. The purpose of this fee is to cover maintenance after expiration of the two-year maintenance bond. 2. Cash Sidewalk Bond - $1.75 per square foot for 25% of the estimated square feet of 4 - foot sidewalk in the subdivision. 3. Park Fees $645.00 per residential unit. 4. Certificate of Occupancy for Change in Occupancy or business use $ 75.00 . Schedule D - Appeals to the Board of Adjustment Appeal from zoning determinations $100.00 &1 ALLEN LAND DEVELOPMENT CODE FEES AND CHARGES Schedule E — Zoning Fees 1. Zoning Amendments a. Residential b. Commercial C. Specific Use Permit d. Specific Use Permit (existing structure) e. Planned Development f. Public Hearing Sign Fee g. Temporary Use Permit of Renewal h. Zoning Verification Letter 2. Site Plan Review APPENDIX B $500.00 plus $10.00 per acre $500.00 plus $10.00 per acre $350.00 plus $10.00 per acre $250.00 $500.00 plus $10.00 per acre $198.45 $100.00 $50.00 $250 per site plan All acreage will be rounded up to the nearest whole acre. ..r B-2 ALLEN LAND DEVELOPMENT CODE TREES AND PLANTS APPENDIX C . 1. RECOMMENDED SPECIES FOR NEW PLANTINGS -The following is a list of recommended high quality, long -living trees and shrubs which are considered suitable for local soil conditions and climate. Other species may be acceptable with approval from the Planning Department. a OVERSTORY (SHADE) TREES, HEIGHT RANGE - 30 -60' Bald Cypress Cedar Elm Lacebark (Drake) Elm Pecan Chinese Pistache Bur Oak Shumard or Texas Red Oak Sweet Gum Green Ash Live Oak Western Soapberry Eastern Red Cedar Chinquapin Oak American Elm Taxodium distichum Ulmus crassifolia Ulmus parv'ifolia'Drake' Carya illinoinensis Pistacia chinesis Quercus macrocarpa Quercus shumardii or texana Liquidambar styraciflua Fraxinus pennsylvanica Quercus virginiana Sapindus drummondii Juniperus virginiana Quercus muhlenbergii Ulmus americana The listed Overstory Trees are acceptable Replacement Trees. b. The following ornamental trees, with staff approval, may be substituted for the required shade trees. These ornamental trees shall have a minimum caliper of three (3) inches. ACCENT (ORNAMENTAL) TREES, HEIGHT RANGE - 10 - 20' Japanese Black Pine Pinus thunbergi Afghan (Eldarica) Pine Pinus eldarica Redbud Cercis canadensis Crape Myrtle Lagerstremia indica Yaupon Holly Ilex vomitoria Bradford Pear Pyrus calleryana Eve's Necklace Sophora affinis Texas Sophora Sophora segundiflora Mexican Plum Prunus Mexicana Purple -leaf Plum Prunus cerasifera Crabapple Malus augustifolia Deciduous Holly Ilex decidua Chaste Tree Vitex Agnus-castus Mexican Buckeye Ungnadia speciosa Desert Willow Chilopsis linearis c. EVERGREEN SHRUBS Drought and freeze -resistant shrubs include, but are not limited to: Red Tip Photinia Burford Holly Chinese Holly Yaupon Holly Juniper (several varieties) Wax Myrtles Eleagnus Other plants may be used with approval of the Department of Parks & Recreation. C-1 ALLEN LAND DEVELOPMENT CODE 2. UNPROTECTED TREES Arizona Ash Bois D'Arc (Native) Chinese Tallow Cottonwood (Native) Honey Locust (Native) Lombardy Poplar Mulberry Siberian Elm Silver Maple Weeping Willow Fraxinus velutina Maclura pomifera Sapium sebiferum Populus deltoides Gleditsia triacanthos Populus nigra italics Morus alba Ulmus pumila Acer saccharinum Salix babylonica C-2 APPENDIX C n 11 TREES AND PLANTS d. GROUND COVER Asian Jasmine Liriope English Ivy Virginia Creeper Boston Ivy Vince Honeysuckle Monkey Grass 2. UNPROTECTED TREES Arizona Ash Bois D'Arc (Native) Chinese Tallow Cottonwood (Native) Honey Locust (Native) Lombardy Poplar Mulberry Siberian Elm Silver Maple Weeping Willow Fraxinus velutina Maclura pomifera Sapium sebiferum Populus deltoides Gleditsia triacanthos Populus nigra italics Morus alba Ulmus pumila Acer saccharinum Salix babylonica C-2 APPENDIX C n 11 ALLEN LAND DEVELOPMENT CODE APPENDIX D PLANNED DEVELOPMENT (PD1 DISTRICTS Is The following Planned Developments are included within this ordinance as originally approved except as noted. For speck requirements or restrictions for each individual Planned Development, refer to the original amending ordinance for each Planned Development. All acreage is approximate. Planned Development No. City Ordinance No. 1 260 Uses: Residential, School & Park, Commercial, Church Area: 238.594 acres: 200.757 residential; 20.048 school and park; 14.789 commercial; 3 church Location: East and west of Allen Heights Drive, between Main Street and Exchange Parkway 367-10-81 Uses: Commercial, Church, School & Park, Residential Area: 212.751 acres: 11.12 commercial; 19.648 school and park; 176.533 residential; 5.450 church Location: East of Allen Heights Drive, West of Malone Road, South of Main Street 368-10-81 Uses: Multi -family, Light Industrial, Shopping Center Area: 64.06 acres; 7.56 multi -family; 46.5 light industrial; 10 shopping center Location: North of Bethany Drive, West of SHS. 369-10-81 Uses: Shopping Center Area: 37.516 acres Location: East of SH5, North of Chaparral, South of Bethany Drive 370-10-81 Uses: Shopping Center • Area: 32.85 acnes D.1 ALLEN LAND DEVELOPMENT CODE APPENDIX D Location: North of Main Street, West of Fountain Gate Drive; East of AISD property 6 371-10-81 Uses: Shopping Center Area: 19.66 acres Location: East of SH5. North and South of Rivercrest 7 372-10.81 Uses: Townhouse, Single-family Area: 44.412 acres; 32.308 townhouse, 12.104 single- family Location: North of Chaparral, South of Ridgemont; between SH5 and Jupiter Road 8 373-10-81 Uses: General Business ]] Area: 2.889 acres r/ Location: Southwest comer of McDermott Drive and US75 9 441-6-83 Uses: Community Facilities Area: 10 acres; all Community Facilities Location: West of SH5, north of Exchange Parkway 10 449-8-83 Uses: Multi -family Area: 12.8 acres; all Multi -family Location: West of SH5, north of Main Street 11 457-9-83 Uses: Single-family Area: 9.3448 acres; All single-family D.2 ALLEN LAND DEVELOPMENT CODE APPENDIX D 191113 Location. South of East of the Southwest corner of L �r Exchange Parkway and Malone Road 12 458-9-83 Uses: Single-family, Community Facilities, Garden Office, Open Space Area: 97.032 acres; 13.027 community facilities, 11.212 garden office, 72.01 single-family, .783 open space Location: East of South Fountain Gate, North of Allen Heights 13 459-9-83 Uses: Mufti -family; Single-family, Community Facilities; Garden Home; Townhome; Shopping Center; Office Area: 392.7 acres; 11.4 multi -family; 22.5 park; 35.0 garden home; 293.10 single-family; 13.5 townhome; 7.7 office, 9.5 shopping center Location: North and South of Bethany Drive, East of Jupiter Road; North of Chaparral 14 465-10-83 Uses: Office -Showroom Area: 1.809 acres; all office -showroom Location: west of SH5 at intersection of High Meadow 15 471-11-83 Uses: Light Industrial Area: 4.251 acres; all light industrial Location: North of Bethany Drive, West of Century Parkway 16 Ordinance No. 472-11-83 Repealed; replaced by Ordinance No. 641-10-84 (Planned Development No. 34) 17 Ordinance No. 481-12-93 Repealed; replaced by . Ordinance No. 537-8-84 (Planned Development No. 27) 191113 ALLEN LAND DEVELOPMENT CODE APPENDIX D 18 Ordinance No. 501-4-94 Repealed; replaced by Ordinance J No. 464-11-84 (Planned Development No. 29) 19 495-3-84 Uses: Multi -family Area: 13.6 acres Location: Between Jupiter Road and Hillside Village No. 8, South of Main Street 20 Repealed by Ordinance No. 503-4-84; replaced by Ordinance No. 1172-5-93 (Planned Development No. 54) 21 50411-84 Uses: Single-family Area: 40 acres Location: Southeast comer of Exchange Parkway and US75 Commercial Tract Repealed by Ordinance No. )ow=xx; replaced by Ordinance No. xxxxxx (Planned Development No. 58) 22 507-5-84 Uses: Single-family, Shopping Center, Multi -family, Townhouse Area: 409 acres; 329.834 single-family; 20.018 shopping center, 16.430 multi -family, 25.898 townhouse Location: North of Chaparral, South of Park Place, East of Cottonwood Creek; West of Allen Heights 23 Ordinance No. 523.6-84 Repealed; replaced by Ordinance No. 1170-5-93 (Planned Development No. 52) 24 514.6-84 Uses: Office and Hotel, Retail and Hotel, Shopping Center, Office -showroom and Light Industrial, High-tech Office and Light Industrial DA ALLEN LAND DEVELOPMENT CODE APPENDIX D D.5 Area: 145 acres; 24.6 multi -story office and hotel; 10.4 • retail and hotel; 37 shopping center; 53.5 office showroom and light industrial, 19.5 high tech office and light industrial Location: West of US75, South of Shelby, East of SH121 25 Ordinance No. 509-5-84 Repealed; replaced by Ordinance No. 1699-3-99 (Planned Development No. 80) 26 546-9-84 Uses: Commercial, Community Facilities, Shopping Center, Garden office, Residential Area: 434.9 acres; 139 commercial -office, 27.5 shopping center, 21.4 community facilities, 14.2 community facilities and garden office, 232.8 residential Location: West of US75, East and West of Alma Drive, South of McDermott Drive, North of Bethany Drive 27 Ordinance No. 537-4-84 Repealed; replaced by Ordinance No. 1172-5-93 (Planned Development No. 54) 28 Ordinance No. 537-8-84 Repealed; replaced by Ordinance No. 1172-5-93 (Planned Development No. 54) 29 Ordinance No. 565-11-84 Repealed; replaced by Ordinance No. 756-10-86 (Planned Development No. 42) 30 Ordinance No. 573-12-84 Repealed; changed to Light Industrial Zoning in Ordinance No. 977-4-90 31 603-4-85 Uses: Local Retail, Office, Residential, Multi -family, Community Facilities, Local Retail, Agriculture -Open Space, Single-family, Shopping Center Area: 325.649 acres; 6.834 local retail, 60.309 community facilities, 3.966 agriculture -open space, 10.333 office, 209.287 single-family, 19.041 multi -family, 15.879 shopping center Location: South of McDermott Drive, North of Hedgcoxe . Road, East and West of Alma Drive D.5 ALLEN LAND DEVELOPMENT CODE APPENDIX D 36 698-5-86 Uses: Garden Office, Industrial Technology, Light Industrial Area: 100.2 acres; 9.7 acres garden office, 18.2 acres industrial technology, 72.3 acres light industrial Location: North of Stacy Road, West of US75 37 708-7-86 Uses: Corridor Commercial, Industrial Technology, Office Area: 101.5 acres; 92.7 acres corridor commercial, 1.8 M. 32 Ordinance No. 613-6-85 Repealed; replaced by Ordinance No. 1172-5-93 (Planned Development No. 54) 33 625-5-85 Uses: Single-family, Shopping Center, Community Facilities Area: 55.34 acres; 5.64 acres shopping center; 49.7 single-family Location: South of Main Street, East of South Fountain Gate Drive, West of Allen Heights Drive 34 641-10-85 Uses: Townhome, Multi -family Area: 25.95 acres Location: North and South of Park Place, East of Jupiter Road V 35 680-3-86 Uses: Garden Office, Office, Industrial Technology, Multi- family, Shopping Center, Light Industrial Area: 7.8 acres garden office, 42.7 acres office, 47.3 acres industrial technology, 13.9 acres multi -family, 28.3 acres shopping center, 18.7 acres light industrial Location: South of Ridgeview Drive, North of Stacy Road, East and West of Watters Road 36 698-5-86 Uses: Garden Office, Industrial Technology, Light Industrial Area: 100.2 acres; 9.7 acres garden office, 18.2 acres industrial technology, 72.3 acres light industrial Location: North of Stacy Road, West of US75 37 708-7-86 Uses: Corridor Commercial, Industrial Technology, Office Area: 101.5 acres; 92.7 acres corridor commercial, 1.8 M. ALLEN LAND DEVELOPMENT CODE APPENDIX D D.7 acres industrial technology, 7 acres office Location: South of Sh121, East of future Watters Road 38 Ordinance No. 728-9-86 Repealed; replaced by Ordinance No. 1171-5-93 (Planned Development No. 53) 39 731-9-86 Uses: Corridor Commercial, Industrial Technology Area: 47.2 acres; 10.9 acres corridor commercial, 26.3 acres industrial technology Location: West of US75, South of SH121 40 751-10-86 Uses: Corridor Commercial, Office Area: 148.4 acres; 142.1 corridor commercial, 6.3 office Location: South of SH121, North of Ridgeview, East and West of Stacy Road 41 Ordinance No. 732-9-86 Repealed; replaced by Ordinance No. 1172-5-93 (Planned Development No. 54) 42 Ordinance No. 756-10-86 Repealed; replaced by Ordinance No. 1807-3-00 (residential zoning) 43 771-12-86 Uses: Industrial Technology, Garden Office, Multi -family Area: 68.8 acres; 31.4 industrial technology, 26.3 garden office, 11.1 multi -family Location: North and South of Ridgeview; West of US75 44 7823-87 Uses: Single-family, Shopping Center, Multi -family Area: 41.6 acres; 10.5 shopping center, 12.0 multi -family, 19.1 single-family Location: Southwest corner of FM2170 (Main Street) and D.7 ALLEN LAND DEVELOPMENT CODE APPENDIX D .x. FM2551 45 800-7-87 Uses: Corridor Commercial, Light Commercial Area: 95.6 acres; 82.8 corridor commercial, 12.8 light commercial Location: South of Stacy Road, East and West of US75 46 802-8-86 Uses: Community Facilities, Multi -family, Garden Office Area: 32.247 acres; 10.913 community facilities, 7.048 multi -family, 14.286 garden office Location: North of Oak Hill Addition, East of SHS, West of Jupiter Road 47 855-5-88 Uses: Residential Area: 21.6 acres; all residential J Location: Between Custer Road and Rowlett Creek, South of McDermott Drive 48 998-9-90 Uses: Single-family Area: 15.9 acres; all residential Location: Southeast comer of Park Place Drive and Heritage Parkway 49 1048-9-91 Uses: Garden Home Area: 37.0 acres; all garden home Location: North of Cottonwood Bend Addition, East of Jupiter Road 1153-2-93 50 Uses: Single-family, community facilities (park) .x. ALLEN LAND DEVELOPMENT CODE APPENDIX D Area: 63.11 acres; 55.3 single-family, 7.8 community facilities Location: North of Chaparral, West of Cottonwood Creek 51 1165-4-93 Uses: Single-family Area: 6.1609 acres; all residential Location: Buckingham Estates (20-28 Buckingham Lane) 52 1170-5-93 Uses: Single-family, Multi -family, Shopping Center Area: 144.2 acres; 97.9 single-family, 26.0 multi -family, 20.3 shopping center Location: Northwest corner of McDermott Drive and Alma Drive • 53 1171-5-93 Uses: Single-family, Church, Park, Shopping Center, Multi- family Area: 161 acres: 114.7 single-family, 5.1 church, 10 park, 12.2 shopping center, 18.7 multi -family Location: Northwest comer of Exchange Parkway and Alma Drive 54 1172-3-93 Uses: Corridor Commercial/Entertainment, Technical Research, Corridor Commercial/Private Club, Office - Technology, Shopping Center Area: 713.5 acres; 65.8 corridor commercial/entertainment, 287 technology research, 313.5 office/technology, 47.2 shopping center Location: North of McDermott Drive, West of US75 55 1226-3-94 . Uses: Office, High Density Residential, Retirement Center/Garden Office, Linear Park, Commercial/Office, ME ALLEN LAND DEVELOPMENT CODE APPENDIX D Office, Hospital and Commercial Office Area: 109.95 acres; 11.9 office/high density residential, 13.3 retirement center/garden office, 7.15 linear park, 17 commercial/office, 5.3 office, 55.3 hospital and commercial office Location: West of US75, South of McDermott Drive, North of Bethany Drive 56 1281-9-94 Uses: Shopping Center, Residential, Community Facilities, Open Space Area: 57.6 acres; 17.3 shopping center, 36.3 residential, 1.5 community facilities, 2.5 open space Location: South of McDermott Drive, East of Custer Road 57 1399-2-96 Uses: Single-family Area: 106.113 acres, all single-family Location: North of Hedgooxe, East of Custer Road 56 1409-3-96 Uses: Shopping Center, Multi -family, Light Industrial, floodplain Area: 152.2 acres; 14.0 shopping center, 42.4 multi -family, 91.6 light industrial, 4.2 floodplain Location: North of Exchange Parkway, West of SH5 59 1473-11-96 Uses: Single-family, Community Facilities Area: 134.922 acres; 128.362 single-family; 6.56 community facilities Location: North of Bethany Drive, West of Malone Road 60 1486-4-97 Uses: Single-family h1Sp: ALLEN LAND DEVELOPMENT CODE APPENDIX D . Area: 5.22 acres, all single-family Location: Southwest corner of Park Place Drive and Allen Heights Drive 61 1507-7-97 Uses: Shopping Center, Residential, Open Space Area: 52.14 acres; 10.96 shopping center, 38.89 residential, 2.29 open space Location: Southeast comer of Stacy Road and Malone Road 62 1519-8-97 Uses: Single-family, Community Facilities Area: 25.573 acres; 19.923 single-family, 5.65 community facilities Location: East of Custer Hill Estates, North of Hedgcoxe . 63 1536-10-97 Uses: Corridor Commercial, Multi -family, Local Retail, Single-family, Community Facilities Area: 180.7 acres; 62.5 corridor commercial, 21.8 multi- family, 51.5 residential, 9.6 local retail, 35.3 community facilities Location: East of Custer Road, North and South of Ridgeview Drive 64 1560-12-97 Uses: Garden Office Area: 5.309 acres, all garden office Location: SH5 and Buckingham Lane 65 1593-4-98 Uses: Residential, Community Facilities, Shopping Center, Day Care, Park . Area: 191.8 acres; 149.57 residential, 29.6 community facilities, 5.3 shopping center, 2.67 day care, 4.66 park D.11 ALLEN LAND DEVELOPMENT CODE APPENDIX D Location: South of Bethany Drive, East of Malone Road 66 1600-5-98 Uses: Corridor Commercial Area: 31.12 acres, all corridor commercial Location: Southwest corner of US75 and Bethany Drive 67 1609-7-98 Uses: Shopping Center Area: 31.67 acres, all shopping center Location: West of Alma Drive and South of SH121 68 1615-7-98 Uses: Corridor Commercial Area: 10.02 acres; all corridor commercial Northeast US75 Bethany Drive J Location: comer of and 69 1641-10-98 Uses: School/Park, Shopping Center, Residential Area: 376.7 acres, 9.438 shopping center, 324.608 residential, 11.514 private park, 13.804 public park, 19.174 open space, 7.6 floodplain Location: Southwest quadrant of Stacy Road and Malone Road 70 1640-10.98 Uses: Community Facilities, Residential, Local Retail, Open Space Area: 64.09 acres; 2.42 local retail, 3.2 open space, 13.25 community facilities, 45.59 residential Location: Southwest comer of Bethany Drive and FM2551 71 1679-1-99 Uses: Residential, Park D.12 ALLEN LAND DEVELOPMENT CODE APPENDIX D . Area: 13.76 acres; 3.5 park, 10.236 residential Location: South of McDermott Drive, West of Syncreek Drive 72 1638-10-98 Uses: Corridor Commercial, Community Facilities, Single- family Area: 355.20 acres; 137.75 corridor commercial, 31.97 shopping center, 185.48 single-family Location: North and South of Stacy Road/Ridgeview Drive 73 1634-9-98 Uses: Corridor Commercial, Area: 108.99 acres; all corridor commercial Location: Southeast of Stacy Road and US75 74 1647-10-98 . Uses: Residential, Office, Area: 119.95 acres; 31.33 residential, 88.62 office Location: South of Bethany Drive and West of US75 75 1650-11-98 Uses: Residential Area: 70.049 acres; all residential Location: South of Stacy Road and West of FM1378 76 1649-10-98 Uses: Corridor Commercial, Residential Area: 111.90 acres; 69.6 residnetial, 42.3 corridor commercial Location: South of Bethany Drive and West of US75 77 1661-12-98 D.13 ALLEN LAND DEVELOPMENT CODE APPENDIX D Uses: Residential Area: 123.0091 acres; all residential Location: West of Watters Road, South of Proposed Stacy Road 78 1666-12-98 Uses: Corridor Commercial Area: 75 acres; all corridor commercial Location: Northwest corner of US75 and Stacy Road 79 1689-2-99 Uses: Residential Area: 133.247 acres; all residential Location: East of Malone Road and North of Exchange Parkway 80 1699-3-99 Uses: Residential Area: 43.79 acres; all residential Location: North of Exchange Parkway at Allen Heights Drive 81 1701-3-99 Uses: Residential Area: 32.152 acres; all residential Location: North of Exchange, East of CR146 82 1738-7-99 Uses: Residential Area: 15.06 acres; all residential Location: South of McDermott Drive, East of Custer Road 83 1736-6-99 D.14 ALLEN LAND DEVELOPMENT CODE APPENDIX D D.15 Uses: Single-family and Community Facilities Area: 203.39 acres; 104.01 community facilities, 96.13 single-family Location: South of Exchange Parkway, East of Malone Road 84 1751-8-99 Uses: Multi -family Area: 21.84 acres; all mufti -family Location: Northeast of Chaparral and SH5 85 1773-9-9 Uses: Single-family and Community Facilities Area: 110.7 acres; 16.17 community facilities, 94.53 single-family Location: East of Malone Road and South of Stacy Road 86 1811-3-00 Uses: Single-family, Open Space, and Shopping Center Area: 83.5 acres; 15.2 shopping center, 63 single-family, 5.1 open space Location: Southwest Comer of Stacy Road and Curtis Lane 87 1775-9-99 Uses: Local Retail Area: 3.9529 acres; all local retail Location: Southeast Comer of Exchange Parkway and SH5 D.15 ALLEN LAND DEVELOPMENT CODE APPENDIX E 4F SPECIFIC USE PERMITS The following Specific Use Permits are included within this ordinance as originally approved except as noted. For specific requirements or restrictions for each individual Specific Use Permit (SUP), refer to the referenced ordinance for each as indicated. E.1 Specific Use Permit No City Ordinance No. 1 192 — Car Wash Location: US 75 @ Allen Drive REPEALED BY ORDINANCE NO. 1842-6-00 2 205 — Gasoline Sales Location: 700 Block E. Main Street 3 216 — Day Care • Location:700 Block E. Main Street 4 244 — Day Care Location: 549 Bethany Drive 5 245—Car Wash Location: PD 5 — E. Main Street 6 402-8-82 — Church Location: Rivercrest and SH 5 REPEALED 7 420-11-82—Gasoline Sales Location: Pebblebrook Drive in PD6 • E.1 ALLEN LAND DEVELOPMENT CODE APPENDIX E g 511-5-84—Gasoline Sales Location: Southwest corner of Main and Allen Drive REPEALED 9 OMITTED 10 667-12-85 — Gasoline Sales Location: Bethany Corner Shopping Center in PD3 11 OMITTED 12 699-5-86 — Automotive Repair (See Also SUP #34) Location: 602 Central Expwy. North 13 701-5-86 — Private Stable Location: SH 5 (Jones Addition) 14 703-6-86 — Church Location: SH 5 in PD4 15 772-12-86—Church Location: In PD31 on Hedgooxe Road 16 7843.87—Gasoline Sales Location: E. Main Street in PD5 REPEALED 17 801-8-87 — Restaurant/Private Club Location: Cottonwood Creek Shopping Center REPEALED E.2 ALLEN LAND DEVELOPMENT CODE APPENDIX E E.3 18 825-11-87 and 502-4-84—Arcade Location: Allen Bowl in SH 5 19 877-9-88 — Tire Service Location: E. Main Street in PD5 20 847-4-88 — Lube and Oil Location: E. Main Street in PD5 21 OMITTED 22 1098-4-92 — Restaurant/Private Club Location: 502 E. Main (TaMolli's) 23 OMITTED . 24 925-6-89—Auto Laundry Location: Main Street and Dogwood 25 937-9-89 — Convenience Store Location: Southeast Corner of Main Street and SH 5 26 959-12-89 — Tires and Batteries Location: SH 5 and PD4 27 973-2-90—Church Location: On Prestige Circle in PD3 TERMINATED; PROPERTY VACATED E.3 ALLEN LAND DEVELOPMENT CODE APPENDIX E 28 980-5-90 — Plant Nursery Location: On E. Main Street in PD5 29 1005-10-90 — Gasoline Sales Location: Greenville Ave north of Main Street 30 1009-11-90 — Gasoline Sales Location: Southeast Corner of McDermott and US 75 31 OMITTED 32 1112-6-92 —Auto Repair Location: W. Main Street at Butler Drive 33 1036-6-91 — Gasoline Sales Location: Southwest Corner of Main Street and SH 5 34 1087-3-92 — Paint and Body Location: 602 Central Expwy. North See Also SUP #12 35 1086-3-92 — Church Location: Chaparral at Jupiter REPEALED 36 OMITTED 37 OMITTED 110 EA E.5 ALLEN LAND DEVELOPMENT CODE APPENDIX E 38 1141-111-92— Church Location: PD22 REMOVED; NEVER DEVELOPED 39 1130-9-92 — Mini -warehouse Location: North of Main Street in Central Business District 40 590-3-85 — Gasoline Sales Location: Main Street aQ SH 5 41 1342-7-95 — Restaurant/Private Club Location: E. Main Street (Tanner's Catfish Caf6) 42 1280-9-94 — Radio Station Location: W. Main Street East of Butler Drive Lube 43 1358-9-95—Oil and Location: McDermott at Century Parkway 44 979-5-90 — Auto Laundry Location: SH 5 in PD4 45 1411-3-96 — Gasoline Sales Location: Allen Heights Shopping Center in PD1 46 1423-5-96 — Auto Laundry Location: SH 5 in PD4 47 1424-5-96 — Mini -warehouses Location: S. Butler Drive i E.5 ALLEN LAND DEVELOPMENT CODE lu Fn 50 51 52 53 54 55 56 APPENDIX E 1432-6-96 — Restaurant/Private Club Location: Central Expwy. South (Brazos Restaurant) 1420.4-96 — Restaurant/Private Club Location: Allen Heights Shopping Center in PD1 REPEALED 1421-4-96 — Auto Glass Location: Northeast comer of SH 5 and Bethany Drive REPEALED 1463-10-96 — Mini -warehouses Location: Bethany Drive at Prestige Circle 1468-11-96 — Private School On Prestige Circle in PD3 REPEALED 1525-9-97 — Utility Substation Location: North of Stacy Road, West of US 75 1833-5-00 — Service Station Location: SH 5 in PD4 1552-11-97 and 1687-2-89 - Helistop Location Bethany Drive at Enterprise 1557-12-97 — Service Station Location: Allen Heights Drive and E. Main Street in PD33 VI E.6 ALLEN LAND DEVELOPMENT CODE APPENDIX E E.7 57 1558-12-97—Teen Club Location: Allen Heights Shopping Center in PD1 REPEALED 58 1605-6-98 — RestaurantlPrivate Club Location: Southeast corner of McDermott Drive and Central Expwy. South (Mexi-Go) 59 1613-7-98 — Service Station Location: Southeast comer of E. Main Street at Allen Heights Drive in PD2 60 1636-9-98 — Service Station Location: Southwest corner of W. Bethany Drive and Allen Heights Drive 61 1677-1-99 — Southwestern Bell Monopole Location: Allentown Office Park 62 1680-1-99—Restaurant/Private Club Location: West of US 75 on W. McDermott Drive 63 1716-4-99 — Mini -warehouse Location: South of McDermott, West of US 75 in PD55 64 1622-8-98 — Motorcycle Sales Location: South of McDermott Drive on Central Expwy. South 65 1729-5-99 — Service Station Location: Northeast Corner of US 75 and McDermott Drive E.7 ALLEN LAND DEVELOPMENT CODE APPENDIX E 66 1727-5-99 — Restaurant/Private Club Location: North of the northeast comer of Bethany Drive 1 US 75 in PD68 67 1740-7-99 — Cleaning Plant/Laundry Location: Allen Heights Drive and Bethany Drive in PD22 68 1774-9-99 — Service Station Location: Custer Road and McDermott Drive in PD56 69 1766-12-99 — RestauranVPrivate Club North of McDermott on US 75 in PD54 (Colters) 70 1792-12-99 — Motorcycle Sales Location: Bethany Plaza Shopping Center 71 1795-1-00— RestauranttPrivate Club Location: Allen Village Shopping Center in PD26 (Hibachi Rock) 72 1722-5-99 — Service Station Location: Allen Village Shopping Center in PD26 73 - 1482-2-97 — Cellular Tower Location: On Custer Road in PD56 74 615-6-85 — Service Station Location: Bethany Comer Shopping Center in PD4 75 1821-4-00 — Outside Display and Sales Location: Lowe's in PD54 J E.8 E ALLEN LAND DEVELOPMENT CODE APPENDIX E 76 1834-5-00 — Dry Cleaners Location: North of McDermott Drive on Ash Drive 77 1808-3-00 — RestauranttPrivate Club Location: W. Bethany Drive east of US 75 (LaFinca Restaurant) 78 1843.6-00 — Outdoor Display and Sales Location: North of McDermott on US 75 in PD54 79 1844-6-00 — Fueling Station Location: Stacy Road and SH 5 E.9