O-1714-4-99ORDINANCE NO. 1714-4-99
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO.
1425-5-%, AS PREVIOUSLY AMENDED, BY AMENDING SECTION 2.10(67)
DEFINITIONS TO AMEND THE DEFINITION OF HOME OCCUPATION; BY
AMENDING SECTION 3.10 BY AMENDING THE REGULATIONS GOVERNING
A HOME OCCUPATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the 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 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 Zoning Ordnance No. 1425-5-96, of the City of Allen, Collin County, Texas, as
previously amended, be amended by amending the definition of Home Occupation in Section 2.10 in pan to
read as follows:
"2.10 DEFINITIONS
67. Home Occupation - A "home occupation" is 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 structure.
SECTION 2. That Zoning Ordinance No. 1425-5-96, of the City of Allen, Collin County, Texas, as
previously amended, be amended by amending Section 3.10 Home Occupations in part to read as follows:
"3.10 HOME OCCUPATION -A "home occupation" shall be permitted as an accessory
use to a dwelling mut as shown in the Schedule of Uses in the appendix of this
Ordinance subject to compliance with the following conditions:
' 1. The activity shall be conducted wholly within the main building and not in
any accessory building. 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 not to exceed 400 square feet. Outdoor activities shall be
limited to instructional activities conducted in the back yard and screened
from the neighboring property.
' 2. No outside storage of materials, goods, supplies, vehicles, trailers or
equipment connected with the home occupation shall be allowed.
3. 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 premises.
4. There shall be no activity which regularly attracts persons other than the
residents to the location of the home occupation, except those related to
instructional activities only. Instructional activities shall be limited to a
maximum of six (6) students at any time. Parking, picking up, or dropping
off students is prohibited in City alleys.
5. Merchandise or products of the home occupation shall not be offered or
displayed for sale at or on the premises.
6. Sales incidental to a service shall be allowed provided orders previously
made by telephone are generally 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.
' 7. There shall be no external evidence of the home occupation. No activity
shall indicate, from the exterior of the structure, that the premises we being
used for anything other than a dwelling unit.
8. The activity shall employ only residents of the location of the home
occupation.
9. 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.
10. 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 most be accommodated within the required off
street parking for the dwelling unit.
11. Child Gaze 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.
12. Any business, occupation, or activity conducted within a dwelling unit and
which does not meet the aforesaid characteristics shall be construed to be a
commercial activity and shall therefore be cause for the City to order a
' cease to all such activity within said dwelling unit."
Ordinance No. 1714-4A9 Page 2
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, thaz all other provisions of said ordinances not in
' conflict herewith shall remain in full force and effect.
SECTION 4. That any person, fnn 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 5. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance, or of the Comprehensive Zoning Ordinance, as amended hereby, 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 Code
of Ordinances, as amended hereby, which shall remain in full force and effect.
SECTION 6. That 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 offence was
committed and the former law is continued in effect for this purpose.
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.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 15ttDAY OF April , 1999.
' APPROVED:
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Stephen Terrell, MAYOR
APPROVED AS TO F�OR-MM:(( ATTEST:
Peter G. Smith, CM ATTORNEY J06y MoWison, CMC, CITY SECRETARY
Ordinance No. 1714-4-99 Page