O-1549-11-97ORDINANCENO. 1549-11-97
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS
PREVIOUSLY AMENDED, SO AS TO AMEND SECTION 2.07, PARAGRAPH
5, AND PARAGRAPH 1 OF SECTIONS 3.01 ft (C). (D), (E), (F), (G), (Ii) AND
(1); PROVIDING FOR EXHIBIT 'A' AND EXHIBIT B'; PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00); PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Allen has adopted a Comprehensive Zoning Ordinance
which includes provisions for temporary use permits for seasonal products and a purpose section for
residential use districts; and,
WHEREAS, the City Council requested the Planning and Zoning Commission consider revisions to the
provisions for temporary use permits for seasonal products; and,
WHEREAS, the Planning and Zoning Commission did hold a public hearing to receive public input on
August 14, 1997, and forwarded a recommendation to the City Council for consideration; and,
WHEREAS, the City Council has determined that these provisions are in need of refinement and
require amendment to the Comprehensive Zoning Ordinance.
' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1: From and after the effective date of this ordinance, City of Allen Comprehensive
Zoning Ordinance No. 1425-5-96, as previously amended, shall be, and is hereby amended as indicated
by Exhibit "A," Section 2.07, Paragraph 5, and Exhibit "B," Paragraph 1 of Sections 3.01(B), (C), (D),
(E), (F), (G), (H) and (I), attached hereto and made a part hereof for all purposes.
SECTION 2. All ordinances of the City of Allen, including existing Planned Developments, in conflict
with the provisions of this ordinance be, and the same are hereby repealed; provided, however, that all
other provisions of said ordinances not in conflict herewith shall remain in full force and effect.
SECTION 3: 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 Ordinance No. 1425-5-96, as previously
amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand
Dollars ($2,000.00) for each offense.
SECTION 4: It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause,
sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or
decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any
other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council
hereby declares it would have passed the remaining portions even though it had known the affected parts
' would be held unconstitutional.
SECTION 5: 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.
L
I�
DULY PASSED AND APPROVED BY THE CITY COUNCH.OF THE CITY OF ALIEN, TEXAS,
ONTHE6TII DAYOF NOVEMBER .1997.
APPROVED AS TO FORM:
ATTEST:
UG
Ju Mo n, CMC, CITY SECRETARY
Ordinance No. 1549-11-97 Paget
IWC11:301f -
' 2.07 TEMPORARY USES
5.01 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:
Issuance of permits for temporary outdoor sales of seasonal products
shall be limited to areas zoned for retail or commercial uses;
b.
pe�its. Them shall be a minimum efthiFty (30) dayq b-P--efl iSSU-H--
'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.
A Site Plan is required with an application showing the following:
(I) Set backs, a minimum of twenty (20) feet from all property
lines.
(2) 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 puking for the existing retail or commercial
use shall not be used to satisfy this puking requirement for the
temporary use.
Ordinance No. 1549-11-97
days,
amensisa at: up te feFty f4ve (45) days met), be possible
eikeept
open
that
appli-FAiss
e"e (1)
-mA
5.01 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:
Issuance of permits for temporary outdoor sales of seasonal products
shall be limited to areas zoned for retail or commercial uses;
b.
pe�its. Them shall be a minimum efthiFty (30) dayq b-P--efl iSSU-H--
'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.
A Site Plan is required with an application showing the following:
(I) Set backs, a minimum of twenty (20) feet from all property
lines.
(2) 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 puking for the existing retail or commercial
use shall not be used to satisfy this puking requirement for the
temporary use.
Ordinance No. 1549-11-97
d. The area for display shall be no more than
^orfeet
, hoing
6_.'FuSq._. _.etaHgminSha_.0ehas 19 .. ,'6... 1
9 ,Aa
f0ell
BfthO
the depth, and in HO ai'OF4 Shut! the afea Of dkpla�&F PFOdUetS eK6e8d
,144-qq:.1aFe 4et. 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.
f 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 of Allen 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 cut
or opened in any manner.
k. The Health Inspector of the City of Allen reserves the right to inspect
any temporary use.
1. Fees for temporary use permits shall be $100.00 per permit and a
$100.00 fee for the renewal of the permit
5.02 TEMPORARY SALES OF CHRISTMAS TREES MAY BE ALLOWED
DURING THEIR NORMAL AND GENERALLY ACCEPTED SEASON
SUBJECT TO THE FOLLOWING PROVISIONS:
permits for temporary outdoor sales of Christmas trees shall
o areas'. zoned for retail or commercial uses, or any church
b. Sales may not begin prior to November 15th ;
Ordinance No. 1549-11-97 Page
C. Sale site must be cleaned and vacated by January I st
' 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:
(1) Set backs, a minimum of twenty (20) feet from all property
lines.
(2) 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.
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 SI00.00 per
permit. local churches and non-profit civic groups are exempt from
fees.
1. A permit for Christmas tree sales shall be allowed in addition to the two
permits, or one permit and one renewal, allowed under Section 5.01.
Ordinance No. 1599-11-97 Pages
EXHIBIT "B"
' 3.01(B) "R -Y' SINGLE-FAMILY RESIDENTIAL, DISTRICT REGULATIONS
Purpose - This district is to be composed of single-family, detached dwellings,
on lots of not less than eighteen thousand (18,000) square feet together with the
allowed incidental and accessory uses.
3.01(C) "R-3" SINGLE-FAMILY RESIDENTIAL DISTRICT REGULATIONS
Pose - This district is to be composed of single-family, detached dwellings,
on lots of not less than twelve thousand (12,000) square feet, together with the
allowed incidental and accessory uses.
dwelling units pe�.
3.01(D) "RA" SINGLE-FAMILY RESIDENTIAL DISTRICT REGULATIONS
Purpose - This district is to be composed of single-family, detached dwellings,
on lots of not less than nine thousand (9,000) square feet, together with the
allowed incidental and accessory uses. This distFiet should
dwelling Mks POF AQW.
3.01(E) "R-5" SINGLE-FAMILY RESIDENTIAL DISTRICT REGULATIONS
1. Purpose - This district is to be composed of single-family, detached dwellings,
on lots of not less than seven thousand five hundred (7,500) square feet, together
with the allowed incidental and accessory uses.
3.01(F) "R-6" SINGLE-FAMILY RESIDENTIAL DISTRICT REGULATIONS
Purpose - This district is to be composed of single-family, detached dwellings,
on lots of not less than six thousand (6,000) square feet together with the
allowed incidental and accessory uses.
dwelling units P@�.
3.01(G) "R-7" SINGLE-FAMILY RESIDENTIAL DISTRICT REGULATIONS
Purpose - This district is to be composed of single-family, detached dwellings,
on lots of not less than five thousand (5,000) square feet together with the
allowed incidental and accessory uses.
d%'811 Fag Oaks POF ftOF0.
3.01(H) "2-F" SINGLE-FAMILY RESIDENTIAL DISTRICT REGULATIONS
I Purpose - This district provided a medium density dwelling classification in the
form of two-family attached or duplex dwellings.
OrdinanceNo. 1549-11-97 Page
' 3.01(I) "TIr' SINGLE-FAMILY RESIDENTIAL DISTRICT REGULATIONS
1. Purpose - This district provides a medium -density dwelling classification in the
form of attached dwelling units on separate lots under separate ownership of
dwelling units. This di r ' t -h-.. d pmvide f - _b_... , units _
b Y
Ordinance No. 1549-11-97 Page