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O-1741-7-99ORDINANCE NO. 1741-7-99 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS PREVIOUSLY AMENDED, TO AMEND SECTION 2.06 AND SECTION 2.06A, SPECIFIC USE PERMITS; BY AMENDING, SECTION 2.09, SITE PLAN APPROVAL; BY AMENDING SECTION 3.01(1), "PD" PLANNED DEVELOPMENT REGULATIONS; BY AMENDING SECTION 4.03.6, SIGN; BY AMENDING SECTION 5.04, FILING FEES AND CHARGES; PROVIDING A SEVERABHdTY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of Allen, 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 the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the 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 the Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, as previously amended, should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS: ' SECTION 1. That Comprehensive Zoning Ordinance No. 1425-5-96, of the City of Allen, Texas, as previously amended, is hereby amended in part by amending Section 2.06 and Section 2.06A, Specific Use Permits; Section 2.09, Site Plan Approval; Section 3.01(1), "PD" Planned Development Regulations; Section 4.03.6, Sign; and Section 5.04, Filing Fees and Charges, to read as follows: "2.06 SPECIFIC USE PERMITS Purpose - The purpose of a Specific Use Permit is to allow certain uses in districts that under most circumstances may not be compatible with other permitted uses but with certain conditions and development restrictions may be compatible. Requests for Specific Use Permits for Private Clubs and Restaurant/Private Clubs shall utilize the criteria specified in Section B. All other requests shall utilize the criteria specified in Section A. 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. Permitted Use - A Specific Use Permit may be granted for those uses indicated by "S" in the schedule of uses in the appendix to this ordinance. A. Aomroval Process and Procedure ' 1. Application shall be accompanied by a Site Plan meeting the requirements of Section 2.09. The City shall make available application forms specifying drawing requirements. The Director of Planning, Planning and Zoning Commission or City Council may require additional information or drawings (such as building Boor plans), operating data and expert evaluation or testimony concerning the location, function and characteristics of any building or use proposed. Ordinance No. 1741-7-99 Page 2 2. 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 me 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: a) Whether the use is compatible with surrounding existing uses or proposed uses; b) Whether the uses requested by the applicant are normally associated with the permitted uses in the base district; ' c) Whether the nature of the use is reasonable; d) Whether any negative impact on the surrounding area has been mitigated; e) That any additional conditions specified ensure that the intent of the district purposes are being upheld. 3. Spmific Use Permit Requirements. a) In granting a Specific Use Permit, the Planning and Zoning Commission and City Council may impose conditions which 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, 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. Ordinance No. 1741-7-99 Page 2 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, m 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 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, the Planting 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) most 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. B. Private Clubs and RestaurantlPrivate Clubs Ordinance No. 1741-7-99, Page 3 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, 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 coling with respect to the granting, extension, revocation, modification or any other action taken relating to such Specific Use Permit. 0 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. B. Private Clubs and RestaurantlPrivate Clubs Ordinance No. 1741-7-99, Page 3 Ordinance No. 1741-7-99, Page 4 2.09 SITE PLAN APPROVAL 1. Purpose - This section establishes the process for the review and approval ' of Site Plans for proposed developments. The purpose of the review is 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. 2. Applicability - Site Plan review and approval shall be required for the following: a) Any nonresidential development. b) Any multi -family development or mobile home park. C) Any development with two (2) or more buildings per platted lot. d) Any Planned Development or Specific Use Permit. (Public hearings may also he required, see Sections 2.06 and 3.01). No building permit shall be issued for any of the above developments unless a Site Plan is first approved by the City. 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. 3. Site Plan details - The Site Plan shall be a scale drawing which shows the following information: a) Location of proposed building(s) and structures b) 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. c) Puking 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. d) Grading ' e) Screening (including heights and materials) Ordinance No. 1741-7-99, Page 4 f) Owner's name, address, and phone number Ig) Design firm, contact person, address, and phone number h) Zoning (list special conditions, height/setback area regulations) i) Setbacks as required by zoning j) Lot area (acreage and square footage) k) Building square footage (for each floor) 1) Floor Area Ratio (FAR) (building square footage divided by land square footage) m) Building height (stories and feet) n) Type and location of exterior lighting and photometric analysis for such lighting if required by the Director of Planning o) Concrete sidewalks p) Dumpster and trash compactor locations and screening ' q) Location of off-site improvements including adjacent drives, existing and proposed median cuts, parking, buildings or other structures within 200 feet of subject property r) Indicate adjacent property subdivision name/owner, property lines, zoning. 4. The Site Plan shall be accompanied by a tree survey presented as an overlay to the Site Plan prepared by a certified arborist or landscape architect which will include the following information: Name, address and phone number of preparer Caliper of all trees six (6) inch 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 5. The Site Plan shall be accompanied by building elevations for new construction or existing facility where facade is being altered, and show, elevations, drawn to scale to accurately represent the intended appearance ' and which identifies the exterior construction materials. Ordinance No. 1741-7-99 Page 5 6. The Site Plan shall be accompanied by a landscape Plan, with proposed landscape materials. 7. Supplemental requirements - The Director of Planning may require other information and data for specific Site Plans. This data may include but is not limited to traffic analysis, road capacities, hours of operations, and perspective drawings, lighting, and similar information. Approval of a Site Plan may establish conditions for construction based on such information. To ensure the submission of adequate Site Plan information, the Director of Planning shall maintain and distribute a list of specific format and content requirements for Site Plan review applications, which may be amended from time to time. Review standards - The following criteria shall serve as a guide for evaluating the adequacy of proposed development in the City. The Director of Planning shall review the Site Plan for compliance with all applicable ordinances and for harmony with surrounding uses and the overall plan for development of the City, for the promotion of the health, safety, and the general welfare of the City. The Director of Planning shall approve, conditionally approve, request modifications, or deny the Site Plan based on evaluation of the Site Plan details with respect to: ' a) The Site Plan's compliance with all provisions of the Comprehensive Zoning Ordinance and other ordinances of the City including but not limited to off-street puking and loading, lighting, open space, and the generation of objectionable smoke, fumes, noise, odors, dust, glare, vibration, or heat. b) The relationship of the development to adjacent uses in terms of design, setbacks and area regulations. c) The provision of a safe and efficient vehicular and pedestrian circulation system. d) The design and location of off-street parking and loading facilities to ensure that all such spaces are usable, safe and conveniently arranged. e) The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for fire fighting and emergency equipment to buildings. f) The coordination of streets consistent with the Thoroughfare Plan of the City. Ig) The use of landscaping and screening to: (1) provide adequate buffers to shield light, noise, movement, or activities from adjacent properties Ordinance No. 1741-7-99, Page 6 when necessary; and (2) to complement the design and location of buildings integrated into the overall site design. ' h) Exterior lighting to ensure safe movement and security arranged so as to minimize glare and reflections onto adjacent properties. i) The location, size, and configuration of open space areas to ensure that such area are suitable for intended uses. j) Protection and conservation of water courses and areas subject to flooding. k) The adequacy of water, drainage, sewer, and other utilities necessary for essential services. 9. Aooroval Process d) It is recognized that final architectural and engineering design may necessitate minor changes in the approved Site Plan. In such cases, the Director of Planning 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 the City ' Council approval Ordinance No. 1741-7-99, Page 7 a) The Director of Planning or designee shall review and approve, approve with conditions, or deny all Site Plans except for Specific Use Permits or Planned Development Districts or other districts requiring public hearings. Approval of a Site Plan shall be withheld until the submission of the landscape plan, tree survey and building elevations. b) Any decision on a Site Plan with which the applicant disagrees may be ' appealed to the Planning and Zoning Commission. The Director of Planning shall place the Site Plan on the regular agenda of the Planning and Zoning Commission within thirty (30) days after the request for appeal. If approved by the Planning and Zoning Commission, the Site Plan shall be deemed approved by the City. If the Site Plan is denied by the Planning and Zoning Commission, the applicant may appeal within thirty (30) days thereafter by requesting the Site Plan be placed on the agenda of the City Council. The City Council shall have final approval or disapproval on all Site Plans which are appealed. c) If construction of the development for which a Site Plan has been approved, has not commenced within one (1) year of the date of final approval, the Site Plan shall be deemed to have expired. Subsequent review and approval shall be evaluated according to the above standards taking into account all changes to applicable ordinances which have occurred subsequent to the prior approval of the Site Plan. d) It is recognized that final architectural and engineering design may necessitate minor changes in the approved Site Plan. In such cases, the Director of Planning 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 the City ' Council approval Ordinance No. 1741-7-99, Page 7 3.01(1) "PD" PLANNED DEVELOPMENT DISTRICT REGULATIONS ' 1. Pumose - 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 Ordinance. While greater flexibility is given to allow special conditions or restrictions which would not otherwise allow the development to occur, the requirements established herein ensure against misuse of increased flexibility. 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 4.03. 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 Uses in the appendix of this ordinance. 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 Reouirements 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 zoning district most also be specified in the ordinance. In selecting a base 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 ordinance shall be stated Ordinance No. 1741-7-" Page 8 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 form 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 puking 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. (1) 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 Plan, a Detail Site Plan shall be submitted to the Director of Planning for 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 puking 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 Ordinance No. 1741-7-99, Page 9 C 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, flood plain 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, flood plain 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 height and 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. (2) 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 District and shall conform to the Development Regulations approved as a part of the ordinance granting the Planned Development Ordinance No. 1741-7-99, Page 10 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. d) 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. Oven Svace - 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 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 stature 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); Ordinance No. 1741-7-" Page 11 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 this 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 ordinance. 4.03 CHANGES AND AMENDMENTS 1 ... Ordinance No. 1741-7-99, Page 12 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: 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) flood plain (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. All such associations shall be subject to the approval of the City. 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 this 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 ordinance. 4.03 CHANGES AND AMENDMENTS 1 ... Ordinance No. 1741-7-99, Page 12 6. Sign - A sign shall be erected by the City of Allen on the property on which the change or classification is required, no 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 of Allen logo. The City Council may waive the requirements of this section, if satisfied adequate notice has been provided to the public. 5.04 FILING FEES AND CHARGES Each application for zoning or for an amendment or change to the existing provisions of this ordinance shall be made in writing on an application form available at the City, filed with the City and shall be accompanied by payment of the non-refundable appropriate fee established by resolution of the City Council. SECTION 2. Prior to the adoption of this ordinance, the City Council has established various Specific Use Permits and planned development districts, which are to be continued in full force and effect, and shall be carried forth in full force and effect and are the conditions, restrictions, regulations and requirements which apply to the respective Specific Use Permits and Planned Development Districts shown on the Zoning Map as of the date of adoption of this ordinance. SECTION 3. 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 force and effect. SECTION 4. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Comprehensive Zoning Ordinance, as amended hereby, he adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Comprehensive Zoning Ordinance, as amended hereby, which shall remain in full force and effect. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. SECTION 7. 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. Ordinance No. 1741-7-99, Page 13 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE JIT DAY OF JULY, 1999, APPROVED: 4e-2f� Stephen'Terrell, MAYOR APPROVED AS TO FORM: ATTEST: ('44 q2 ;;; & -ZdDl�' Peter G. Smith, C Y ATTORNEY Ju r orrisonMC, CITY SECRETARY Ordinance No. 1741-7-99, Page 14