1960 Zoning OrdinanceL
ALI , TEXAS
1960 ZONING ORDINANCi?e1-'
AN ORDINANCE ESTABLISHING ZONING DISTRICTS, REGULATING THE
HEIGHT AND SIZE OF BUILDINGS AND OTHER STRUCTURES AND PER-
CENTAGE OF LOT THAT MAY BE OCCUPIED AND FOR WHAT PURPOSES,
THE SIZE OF YARDS AND OTHER OPEN SPACES, THL DENSITY OF POP-
ULATION, THE LW ATION AND USES OF BUILDINGS, STRUCTURESAND
LAND, FOR TRADE, INDUSTRY, COMMERCE, RESIDENCE OR OTHER PUR-
POSE, AND THE ERECTION, CONSTRUCTION, RECONSTRUCTION, ALTER-
ATION, REPAIR OR USE OF BUILDINGS, STRUCTURES OR LAND, WITHIN
SUCH DISTRICTS: ADOPTING A ZONING MAP SHOWING THE ACTUAL LOC-
ATION
FOROF S ACH DISTRICTS: CERTIFICA% OFOVIDING FOR A METHOD OF OCCUPANCYAND COMPLIANCES, FORC-
ORE
INTERPRETATION OF THE ORDINANCE: DEFINING CERTAIN WORDS: PRO-
VIDING FOR A BOARD OF ADJUSTMENT, FOR PENALTIES, FOR AMEND-
MENT AND CHANGES, AND A SAVINGS CLAUSE, AND PROVIDING FOR AN
EMERGENCY.
BE IT ORDAINED By THE COUNCIL OF THE TOWN OF ALLEN, TEXAS:
SECTION I- INTERPRETATION AND PURPOSES. The zoning reg-
ulations and districts as herein established, have been made
in accordance with a comprehensive plan, for the purpose of
promoting health, safety, morals, and the general welfare of
the Town of Allen. They have been designed to lessen con-
gestion in the streets, to secure safety from fire, panic and
other danger, to provide adequate light and air; to prevent
the Overcrowding of land; to avoid undue concentration of
population, to facilitate the adequate provisions of trans-
portation, water, sewerage, schools, parks and other public
requirements. They have been made with reasonable consider-
ation, among other things, for the character of the district
and for its perculiar situability for particular uses, and
with a view to conserving the value of the buildings and
encouraging the most appropriate use of the land throughout
the Town of Allen.
Section 2. ZONING DISTRICTS AND MAP. Zoning regulations and
districts, as herein set forth, are approved and established,
The Town of Allen is hereby divided into classes of Use Dis-
tricts
Zoning Mapwhichiseadopted follows.
and All
is declared non
to be a
part of this Ordinance, and shall be considered as much a
part of the same as if the matters of information set forth
thereby were all fully contained and described herein. Said
map shall, on its face, be identified and verified in the
manner following; It shall bear the title "ZONING MAP OF
THE TOWN OF ALLEN, TEXAS0 it shall bear even date with the
passing of this Ordinance; it shall bear the names of the
City Council; and it shall be attested by the of
sig::a`.u.rss
the Mayor and City Clerk.. The original of said m„o sha;J be
1.
kept in a proper office in the Municipal Building; and a
to replica thereof shall be produced upon paper in such reduced
scale as will permit of such replica copy being pasted upon
and attached to a page of the Ordinance records immediately
following transcription therein of this Ordinance.
SECTION 3. USE DISTRICTS:
"A" DWELLING DISTRICT -Buildings or land, in any portion of
the City, may be used for any of the uses listed under this
classification; but in an "A' District no building or land
shall be used, and no building or structure shall be here-
after erected or structurally altered which is arranged or
designed to be used for other than one or more of the follow-
ing uses:
(1) One -family dwellings.
(2) Public school, park, or playground.
(3) Accessory buildings: Including a private garage and
servantts quarters, when located not less than
eighty (80) feet from the fronq line, nor less than
five (5) feet from any other street line, nor less
than three (3) feet from either side line.
(4) Incidental uses: uses customarily incident to any
of the above uses, when situated in the same dwell-
ing and not involving the conduct of a buisness,
including customary home occupations when engaged
in by the occupants of the dwellings; such as dress-
maker, the office of a physician, surgeon, dentist,
musician or artist, when used as his or her private
dwelling, Said incidental use, however, shall
never be permitted as a principal use, but only as
a secondary use when indispensably necessary to the
enjoyment of the premises for any of the uses per-
mitted by this section and actually made of the
premises but not otherwise.
(5) Signs: no window displays, no name plate exceeding
two (2) square feet in area, no temporary bulletin
board or sign board exceeding twelve (12) square
feet in area appertaining to the lease, hire, or
sale or construction of a building or premises,
nor advertising sign of any other character shall
be permitted in any "A" District.
(6) Farm, truck garden, orchard, or nursery; for the
growing of plants, shrubs, or trees, provided no
retail or wholesale business sales office, packing
or storage sheds or buildings are maintained on
the premises.
(7) Railway rights-of-way and tracks; but not including
railroad yards, side-tracks or loading facilities.
(8) Golf course, but not including m'_.niat,;re, driving
range, or any other form of commerniai amusements.
2.
(q) Temporary buildings; when they are to be used only
for construction purposes or field office for the
sale of the real estate of the immediate addition.
Such temporary construction building must be removed
immediately upon completion or abandonment of con-
struction and the field office must be removed
immediately upon request of the city inspector.
"B" DWELLING DISTRICT.- Buildings or land, in any portion of
the city except in an "A" District, may be used for any of
the following uses; but in a "B" District no building or
land shall be used, and no building or structure shall be
hereafter erected or structurally altered which is arranged
or designed to be used for other than one or more of the
following uses;
(1) my use permitted in an "A" District.
(2) Fire station.
(3) Church.
C (4) Kindergarten, play -school or day nursery; when not
more than ten pupils.
(5) Parking automobile areas; as accessory use only.
(6) Telephone exchange (no business office).
(7) Two-family dwelling.
(8) Water supply reservoirs and towers, gas and electric
public utility regulator stations, but the size,
height, and location of said stations to be fixed
by the City Council.
"C", "D", do "E" DWELLXNG DISTRICTS- Buildings or land, in any
portion of the city except "A" or "B" Districts, may be used
for any of the following uses; but in a "C", "D" or "E"
District no building or land shall be used, and no building
or structure shall be hereafter erected or structurally
altered which is arranged or designed to be used for other
than one or more of the following uses:
(1) Any uses permitted in any of foregoing districts.
(2) Boarding and lodging houses.
(3) hospitals and clinics, excepting tubercular and
veterinary hospitals and clinics, and those for
alcoholic, narcotic, insane and feeble-minded
patients.
(4) Hotels in which businesses may be conducted for
the sole convenience of the occupants of the build-
ing; provided, however, there shall be no entrance
to such place of business except from the inside
of the building.
(5) Institutions of a philanthropic nature other than
penal or correctional institutions.
(6) Libraries and museums.
(7) Multiple dwellings, apartments houses and group
houses (not including tourist or trailer camps,
courts or lodges).
(8) Private clubs, fraternities, sororities, lodges,
excepting those whose chief activities are services
customarily carried on as a business.
3.
"F" LOCAL RETAIL DISTRICT -
(1) Any use permitted in any of foregoing dwelling
districts.
(2) Automobile parking lots (not storage).
(3) Bank, office, studio.
M(Q)Restaurant or cafe.
Retail pressing, dyeing, and cleaning shops.
(6) Retail store, barber shop, beauty parlor,and
other shops for custom work or the making of
articles to be sold at retail on the premises;
provided, that no "second hand goods" store or
pard will be permitted in the "F" District or
'O" District.
"O" LOCAL BUSINESS DISTRICT
(1) Any use permitted in any of the foregoing districts:
(2) Auto sales (where the mayor business is the dis;)lay
and sale of new automobiles by an authorized dealor
and repair work and storage facilities shall be
purely incidental, provided further that the ar^a
allowed for the repairs and storage of cars shall
not be nearer than twenty (20) feet from the front
line of the building).
(3) Bakery, laundry, candy manufacturing (when employ-
ing less than six (6) persons on the premises).
(ly) Hotels.
($) Mortuary, greenhouse, or nursery office,
(6) Public storage garage (only minor repairs).
(7) Retail ice delivery station, gasoline filling
station.
(8) Theatre, moving picture show.
J(9) Tourist or trailer camp, court or lodges.
(10) Wholesale office and sample room.
• (11) Job printing.
(12) Iny use not included in any other class, provided
such use is not noxious or offensive by reason of
the emission of odor, dust, gas fumes, noise or
vibration; provided further that no kind of manu-
facture or treatment shall be permitted in the "0"
District other than the manufacture or treatment
of products clearly incidental to the conduct of a
retail. bu,lin..oss conducted on the premises.
"H" BUSINESS DISTRICT'
(1) Any use permitted in any of the foregoing districts.
(2) Bakery
(3) Bottling works.
()}) Candy manufacturing.
(5) Newspaper printing, art printing.
(6) Electro plating, electric works, including armature
winding, galvanizing.
,a (7) Laundry, dyeing and cleaning works.
4.
r
(8)
Second hand goods store (when housed entirely in
building).
(9) (9)
Pecan shelling.
(10)
Public garage, including repairing.
(11)
Second hand automobile yards (not including wreck-
ing).
(12)
Storage warehouses.
(13)
Wholesale houses.
X14)
Any use not included in any other class provided
such use is not noxious or offensive by reason of
the emission of odor, dust, smoke, gas fumes,
noise or vibration; provided further, that no kind
of manufacture or treatment not listed above shall
be permitted in an "H" District other than the
manufacture or treatment of products clearly inci-
dental to the conduct of a business conducted on
the premises.
"S" AND "K" INDUSTRIAL DISTRICTS
G
(1)
Any use permitted in any of the foregoing districts.
(2)
Blacksmith or horseshoeing shops.
(3)
lee cream manufacture, ice manufacture, cold storage
plants, electric power plant, and creamery and
dairy products manufacture and processing, wholcsalo
milk distribution.
(4)
Cotton Storage yard.
(5)
Broom manufacture.
(6)
Building materials storage yards, lumber yards.
(7)
Carpet cleaning.
(8)
Chicken hatchery.
(9)
Central Mixing plant for cement, mortar, plaster
and paving materials.
(10)
Commercial amusement parks, swimming pools, skat-
ing rinks, dance halls, driving ranges, archery
ranges, miniature golf courses.
(11)
Emery cloth and sand paper manufacture.
(12)
Flour mill.
(13)
Iron, steel or copper fabrication plant.
(14)
Livery freight depot or garages.
(15)
Machine shop.
(16)
Mattress manufacture.
(17)
Paper box manufacture.
(18)
Penal or correctional institutions. Institutions
for the care of tubercular, insane, feeble-minded,
alcoholic or narcotic patients.
(19)
Bill board or advertising signs pertaining to busi-
ness on site; size restricted by sign ordinance.
(20)
Planing mill and wooden box manufacture.
(21)
Refrigerator manufacture.
(22)
Contractor's plant and storage.
(23)
Stone monumental works.
(24)
Veterinary hospital.
(25)
Yeast plant.
5.
(26) Manufacture of any kind not listed under Section
"L" First Manufacturing District or Section "M"
Second Manufacturing District, provided that such
use is not noxious or offensive by reason of the
emission of dust, smoke gas or noise or vibration,
"L" FIRST MANUFACTURING DISTRICT
(1) Any use permitted in any of the foregoing districts,
(2) Alcohol manufacture.
(3) Automobile wrecking.
(4) Bag cleaning.
(5) Blast furnace.
(6) Boiler works.
7) Brick, tile, pottery or terra cotta manufacture,
(6) Canning or preserving manufacture, egg breaking,
(9) Celluloid and similar cellulose material mesnz-
facture.
(10) Cotton compress, cotton ginning, cotton bailing,
cotton warehouses and cotton seed manufacture,
(11) Coal hoist, coal pocket or coal tar trestle.
(12) Disinfectant and insecticide.
(13) Dye stuff manufacture.
(14) Fishsmoking and curing.
(15) Feed mill.
(16) Forage plant.
(17) Grain elevators.
(18) Iron, steel, brass or copper foundry.
(19) Oil cloth or linoleum manufacture.
(20) Oil or rubber goods manufacture.
(21) Petroleum products, wholesale storage of.
(22) Pickle manufacture.
(23) Potash works.
(24) Poultry killing, cleaning and dressing, storage of
live poultry.
(25) Pyroxlin manufacture.
(26) Railroad roundhouse or shops.
(27) Rock crusher.
(28) Rolling mills.
(29) Rubber or gutta-percha manufacture or treatment.
(30) Shoe polish manufacture.
(31) Stone mill or quarry.
(32) Storage or bailing of rags, iron, junk or paper.
(33) Stove polish manufacture.
(34) Tile roofing or water proof manufacture.
(35) Textile manufacture.
(36) Wool pulling or scouring.
(37) Livestock auction sales with barns and temporary
concentration shipping, loading and unloading
facilities.
(38) Manufacture or industrial operations of any kind
not heretofore listed; but exclusive of any kind
of use listed as follows:
6.
Ilk" SECOND MANUFACTURING DISTRICT
(1) Any use not prohibited by City Ordinance.
(2) Nothing in this ordinance shall be construed as
repealing any existing ordinance of the City reg-
ulating nuisances, or to permit uses which are
not prohibited by ordinances.
NEWLY ANNEXED TER�IITORY- All territory annexed to the Town
of Allen, Texas hereafter shall be classified as "A", single-
family dwelling district, until permanently zoned by the Gov-
erning Body of the Town of Allen. The City Planning and Zon-
ing Commission shall, as soon as practicable, after annexation
of any territory to the Town of Allen, institute proceedi.rg
on its own motion to give the newly annexed territory a per-
manent zoning and the procedure to be followed shall be the
same as is provided by law for the adoption of original zoning
regulations.
SECTION 4. REGULATIONS FOR BUILDINGS AND STRUCTURES
(1) -The height of buildings in the "Al" "B", "C", "E"
and "F" Districts shall not exceed 35 feet or 21
stories, and the height of buildings in the "G"
District shall not exceed 45 feet or 3 stories.
(2) One -family dwellings in the 35 feet height dis-
tricts may be increased in height by not more than
ten (10) feet when two side yards of not less than
25 feet each are provided. Such dwellings, how-
ever, shall not exceed three (3) stories in height..
(3) In the 35 and 45 foot height districts public or
semi-public buildings, hotels, apartments, hospitals,.
sanitariums or schools may be erected to a height
not exceeding 75 feet when the front, side and
rear yards are each increased an additional foot
for each foot such buildings exceed 35 feet and 45
feet, respectively, in height.
(4) The height of buildings in the "D"District shall
not exceed 75 feet, or six (6) stories, but above
the height permitted at said yard line, four (4)
feet may be added to the height of the building
for each one (1) foot the building or portion
thereof is set back from the required yard lines;
provided, however, that the cubical content of
such building shall not exceed the cubical content
of a prism having a base equal to the area of the
lot and a height of 100 feet.
(5) The height of buildings in the "H" District shall
not exceed 100 feet and the height of buildings
in the "J", K ,"Ll'and M Districts shall not
exceed 100 feet, but above the height permitted
at the rear lines four (4) feet may be added to
the height of the building for each one (1) foot
that the building or portion thereof is set back
7.
from the required yard lines; provided, however,
that the cubical content of such building shall
not exceed the cubical content of a prism having
a base equal to the area of the lot and a height
of 125 feet.
(6) In the "H" District a tower may be constructed
without reference to the above limitations, pro-
vided the largest horizontal dimensions of any
side of the tower shall not exceed 60 feet and
provided the horizontal area shall not exceed 25
per cent of the area of the lot, and provided
such tower shall be removed at least 25 feet from
all lot lines and at least 50 feet from any other
tower.
(7) Chimneys, water towers, pent houses, scorery lofts,
sugar refineries, monuments, cupolas, spires..
domes, standpipes, false mansards, parapet walls,
similar structures and necessary mechanica.; appur-
tenances may be erected as to their height in
accordance with existing or hereafter adopted crdi..
nances of the City.
(8) On through lots 150 feet or less in depth, the
height of a building may be measured from the curb
level on either street, On through lots more than
150 feet in depth, the height regulation and basis
of height measurement for the street permitting
the greater height shall apply to a depth of not
more than 150 feet from that street.
SECTION 5. FRONT YARDS.
(1) In the "A"Districts there shall be a front yard
having a depth of not less than 25 feet from the
property line to the front line of the buildings,
covered porch, covered terrace or attached accessory
buildin�
(2� In the 'D", "C", "D" and "F" Districts there shall
be a front yard having a depth of not less than 20
feet from the property line to the front line of
the building, covered porch, covered terrace or
attached accessory building.
(3) In the "E", "G" and "J" Districts there shall be
a front yard having a depth of not less than 10
feet from the property line to the front line of
the building, covered porch, covered terrace or
attached accessory building.
(4) In the "H", "K", "L" and "M" Districts no front
yard is required unless building is erected or
structurally altered for dwelling purposes, in
wh1ch event, a front yard of not less than 10 feet
in depth is required.
(5) Where the frdntage on one side of a street between
two intersecting streets is zoned for two classes
of districts, the sot -back on the most restricted
district shall apply to the entire block.
(6) If thirty per cent or more of the frontage on one
side of a street, between two intersecting streets
is improved with buildings that have observed an
average front yard line{ with a variation in depth
of not more than six (6f feet, then the average
front yard so established shall be observed; but
this regulation shall not be interpreted to require
a front yard of more tham fifty (50) feet.
SECTION 6. REAR YARDS.
(1) In all districts where buildings are erected or
structurally altered for dwelling purposes there
shall be a rear yard having a depth of not less
than 20 per cent of the depth of the lot, provided
such rear yards need not exceed 25 feet.
(2) In the "F" and "G" Districts there shall be a rear
yard having a depth of not less than 20per cent of
the depth of the lot, provided such rear yard need
not exceed 25 feet.
(3) In the "B; "J","K", "L" and "N" Districts, when
property is not used for dwelling pruposes, and
when not abutting on the rear of a Dwelling District,
no rear yard is required. If abutting on the rear
of a Dwelling District, "A", "B", "C", "D" or "E"
then a rear yard of at least tan (10) feet is
required.
(4) In computing the required depth of a rear yard for
any building where such yard abuts and alley, the
depth of the lot may be considered to the center
of the alley and the required depth of a rear yard
measured from the center of said alley.
(5) Any accessory building not exceeding one story in
height may occupy not more than 60 per cent of a
minimum required rear yard area.
(6) An accessory building exceeding one story in height
may occupy not more than 40 per cent of a minimum
required rear yard area.
SECTION 7. SIDE YARDS.
(1) In Districts "A", "B", "C", "D", "E" and in all
other districts where a building is erected or
structurally altered for dwelling purposes, there
shall be two side yards, one on each side of the
building, having a combined width of not less than
20 per cent of the width of the lot, provided that
in no case shall either side yard be less than
five feet, and provided further that the combined
widths of the two side yards need not exceed twelve
(12) feet.
(2) In the "D" District and in other districts where
a building is erected or structurally altered for
dwelling purposes for building more than three
stories in height, but not exceeding six (6)
stories in height, each of the two side yards shall
be increased three (3) feet in width for each
additional story above the third. For buildings
9.
more than eight stories, or 100 feet in height,
there shall be an additional set -back as provided
in the height rewulations above.
(j In the npn '10 $n, "Jn "Kn "0 and "PPS Dist-
ricts if the property is not used for dwelling
purposes no side yards are required, unless a lot
abuts upon the side of a lot zoned for dwelling
purposes; where a lot abuts upon the side of a lot
zoned for dwelling purposes, there shall be a
aide yard of not less than five (5) feet: In
other cases a side yard, if provided for a busi-
ness or industrial building, shall be not less
than four (4) feet.
(4) For the purpose of side yard regulations,, tw._
more detached one or two-family dwollinga�s!_ _1 be
considered as one building when oocuping ono '.ot,
provided, however, there shall be a mirE:.ua of ten
(10) feet between the sides of the building on the
same lot.
(5) In the case of group houses or court apartment,
when buildings rear upon the side yard, the width
of the side yard shall be increased by one foot
for each building or apartment abutting thereon.
If any stairways open on to or are served by such
side yard, the minimum width of such side yard
shall be ten (10) feet.
(6)The width of a place or court shall not be leas
When forty (40) feet measured between buildings
or from buildings to the opposite property line,
provided that open or unenclosed porches may pro-
ject into the required place or court not more than
20 per cent of the width of such a place or court.
(7) All other requirements including front, aide and
rear yards shall be complied with in accordance
with the district in which such group houses or
court apartments are located.` _
(8) Every part of a required yard or court shall be
open from its lowest point to the sky unobstructed
except for the ordinary projections of sills, belt
courses, cornices, etc., provided, however, the
above projections shall not extend into a court
more than twenty-four (24) inches nor into a mini-
mum side yard more than twenty-four (24) inches.
(9) The side and front yard requirements for dwellings
shall be waived where dwellings are erected above
stores or shops.
(10) on corner lots the aide yard regulations shall be
the same as for interior except in the case of
side street or reversed frontage (where) the cor-
ner lot faces an intersecting street) in which case
there shall also be a aide yard on the street side
eoual to the front yard nn the lnte in tha Haan_
as to reduce the buildable width of a corner lot
facing an intersecting street, and of record at
the time of passage of this ordiaance to less
than twenty-eight (28) feet, nor the prohibit the
erection of an accessory building where the reg-
ulation cannot reasonable be complied with.
SECTION 8. LOT AREA.
(1) In the "A" District the minimum area of the lot
shall be 6,000 square feet, including any alley
influence.
(2) In the "B" District the minimum area of the lot
shall be 5,000 square feet for one -family dwelling
and 6,000 square feet for two-family dwelling.
(3) In the "E", "J", "R", "L" and "M" Districts the
minimum area of the lot shall be 4,000 square feet
for a one -family dwelling; 5,000 square feet for a
two-family dwelling; and for apartment houses or
buildings arranged or designed for more than two
families the minimum area shall be 5,000 square
feet for each family in excess of two.
(4) In the "C", "D", "F', "G" and "R" Districts the
minimum area of the lot shall be 5,000 square feet
for a one -family dwelling; 6,000 square feet for
a two-family dwelling; and for apartment houses or
building arranged or designed for more than two
families the minimum lot area shall be 6,000
square feet for each family in excess of two.
(5) On any lot held under separate district ownership
from adjoining lots at the same time of the pass-
age of this ordinance, such separately owner prop
erty being of record at the time, a single-family
dwelling may be erected even though the lot be of
less area than required by the regulations relating
to area in the district in which it is located;
provided, however, that in any event the combined
area of the dwelling and accessory building shall
not cover more than forty (40) per cent of the
total area of the lot.
(6) No lot area shall be so reduced or diminished that
the yards or other open spaces shall be smaller
than prescribed by this ordinance, nor shall the
density of population be increased in any manner
except in conformity with the area regulations
herein established. Side yard areas used to comply
with minimum requirements of this ordinance for a
building shall not be included as a part of the
required areas of any other building.
SECTION 9. SPECIAL AREA REGULATIONS.
(1) On any lot on which a front yard is required by
this ordinance no wall, fence or other structure
shall be erected and no hedge, tree, shrub or other
growth or structure of any kind shall be maintained
11.
In such location within such required front yard
so as to obstruct view.
(2) Any fence, wall, hedge, shrubbery, etc. higher
than a base line extending from a point 2'J feet
above walk grade to a point 41 feet above walk
grade at the depth of front yard required is
hereby declared to be an obstruction to view,
except single trees, having single trunks which
are pruned to a height of seven feet above walk
grade.
SECTION 10, NON -CONFORMING USES.
(1) Any use of property existing at the time of the
passage of this ordinance that does not conform to
the regulations prescribed in the preceding sec-
tions of this ordinance shall be deemed a non-
conforming use; except that any duplex or apart-
ment use existing at the time of the passage of
this ordinance shall be thereafter deemed a con-
forming use. Any lawful use existing within a
building at the time of the passage of this ordi-
nance, in any business, industrial or manufactur-
ing district, shall be deemed a conforming use
upon the lot devoted to such use at the time of the
passage of this ordinance.
(2) The lawful use of land existing at the time of the
passage of this ordinance, although such does not
convorm to the provision hereof, may be continued,
but if such non -conforming use is discontinued, any
future use of said premises shall be in conformity
with the provisions of this ordinance.
If a building occupied by a non -conforming use is
destroyed by fire or the elements it may not be
reconstructed or rebuilt except to conform with
the provisions of this ordinance.
(3) The lawful use of the building at the time of the
passage of this ordinance may be continued, al-
though such does not conform to the provisions
hereof, and such use may be extended throughout
the building provided no structural alteration,
except those required by law or ordinance, are
made therein. If no structural alterations are
made, a non -conforming use of the building may be
changed to another non -conforming use of the same
or more restricted classification; provided, how-
ever, that in the event a non -conforming use of a
building is once changed to a non -conforming use of
a higher or more restricted classification, it
shall not later revert to the former lower or less
restricted classification.
(4) The right of non -conforming use to continue shall
be subject to such regulations as to maintenance
12.
of the premises and conditions of operation as may
I. in the judgment of the Board of Adjustment to
reasonably required for the protection of adjacent,
property.
(5) Nothing in this ordinance shall be taken to prevent
restoration of a buildingdestroyed to the extent
of not more than sixty (0%) per cent of its rea-
sonable value by fire, explosion or other casualty,
or act of God, or a public enemy, nor the continued
occupancy or use of such building, or part thereof,
which existed at the time of such partial destruc-
tion.
SECTION 11. ZONING MAP DESIGNATIONS
(1) When definite distances in feet are not shown on
the zoning map the district boundaries on the zoning
map are intended to be along existing street, alley
• or property lines or extensions of er from the same,
When the location of a district boundary line is rot
otherwise determined, it shall be determined by the
scale of the map measured from a given line.
(2) Where the street layout actually one the ground
varies from the street layout as shown on the zon-
ing map, the Board of Adjustment may apply the
designation shown on the mapped streets in such
a way as to carry out the intent and purpose of
the plan for the particular area in question.
SECTION 12. COMPLETION OF EXISTING BUILDINGS— Nothing here-
in contained shall require any change in the plans, construc-
tion or designated use of a building actually under con-
struction at the time of the passage of this ordinance and
which entire building shall be complete within one (1) year
from the date of the passage of this ordinance. Nothing here-
in contained shall require any change in plan, construction
or designated use of a building for which a building permit
has been heretofore issued and which entire building shall be
compete within six (b) months from the date of the passage
of this ordinance. If any amendment to this ordinorce is
hereafter adopted changing the boundaries of districts, the
provisions of this ordinance with regard to buildlyT.. or
premises existing or buildings under construction or build-
ing permits issued at the time of the passage of this ordi-
nance, shall apply to buildings or premises existing or
building under construction or building permits issued in
the area affected by such amendment at the time of the pass-
age of such amendment.
SECTION 13. CERTIFICATE OF OCCUPANCY AND COMPLIANC$
(1) No building hereafter erected or structurally
altered shall be used, occupied or changed in use
• until a certificate of occupancy and compliance
shall have been issued by the city inspector
stating that the building or proposed use of a
13.
building or premises complies with the building
laws and the provisions of these regulations.
(2) Certificates of occupancy and compliance shall
be applied for coincident with the application
for building permit and shall be issued within
ten (10) days after the erection or structural
alterations of such building shall have been
completed in conformity with the provisions of
these regulations. A record of all certificates
shall be kept on file in the office of the city
inspector and copies shall be furnished on request
to any person having a propriety or tenancy int-
erest in the building affected.
(S) No permit for excavation for any building shall
be issued before application has been made for a
certificate of occupancy and compliance.
SECTION 14, BOARD OF ADJUSTMENT
(a) There is hereby created a Board of Adjustment
consisting of five (5) members, each to be ap-
pointed by the City Council for a term of two
years and removable for cause by the appointing
authority, upon written charges and after public
hearing. Vacancies shall be filled by the ap-
pointment by the original appointing authority of
a suitable person to serve out the unexpired term
of any member whose place on the Board has become
vacant for any cause. Provided, however, that
the City Council may, by ordinance, provide for
the appointment of two (2) alternate members of
the Board of Adjustment who shall serve in the
absence of one or more regular members when re-
quested to do so by the Mayor, so that all cases
to be heard by the Board of Adjustment will al-
ways be heard by a minimum number of five (5)
members. These alternate members, when appointed,
shall serve for the same period as the regular
members and any vacancies shall be filled in the
same manner and shall be subject to removal as
the regular members. The Board is hereby vested
with power and authority, in appropriate cases
and subject to appropriate conditlfns and safe-
guards to make such exemptions to the terms of
this ordinance in harmony with its general pur-
pose and interest and in accordance with general
or special rules therein contained for the purpose
of rendering full justice and equity to the gen-
eral public. The Board may adopt rules to govern
its proceedings provided, however, that such rules
are not inconsistent with this ordinance. Meet-
ings of the Board shall be held at the call of
• the chairman and at such other times as the Board
may determine. The chairman, or in his absence,
14.
the acting chairman, may administer oath and compel
the attendance of witnesses. All meetings of the
Board shall be open to the public, The Board shall
keep minutes of its proceedings, showing the vote
of cash member upon each question, or, if absent,
or failing to vote, indicate such fact, and shall
keep records of its examinations and other offi-
cial actions, all of which shall be filed immed-
iately in the office of the Board and shall be a
public record.
(b) Appeals to the Board of Adjustment can be taken
by any person aggrieved or by any officer or depart-
ment of the municipality affected by any decision
of the administrative officer. Such appeal shall
be taken within fifteen (15) days time after the
decision has been rendered by the administrative
officer, by filing with the officer from whom the
appeal is taken and with the Board of Adjustment,
a notice of appeal specifying the grounds thereof.
The officer from whom the appeal is taken shall
forthwith transmit to the Board all the papers
constituting the record upon which the action ap-
pealed from was taken. An appeal shall stay all
proceedings of the action appealed from, unless
the officer from whom the appeal is taken certifies
to the Board of Adjustment, after the notice of
appeal shall have been filed with him that by
reason of facts stated in the certificate, a stay
would, in his opinion, cause imminent peril to life
or property. In such case, proceedings shall not
be stayed, otherwise, than by a restraining order
which may be granted by the Board of Adjustment
or by a court of record on Application on notice
to the officer from whom the appeal is taken and
on due cause shown. The Board of Adjustment shall
fix a reasonable time for the hearing of an appeal,
give the public notice thereof, as well as due
notice to the parties in interest and decide the
same within a reasonable time. Upon the hearing
any party may appear in person or by attorney or
by agent.
(c) The Board of Adjustment shall have the following
powers:
(1) To hear the decide appeals where it is alleged
there is an error in any order, requirement, de-
cision, or determination made by a administrative
official in the enforcement of this ordinance.
(2) To hear and decide special exceptions to the
terms of the ordinance upon which the Board is
required to pass under this ordinance.
(3) To authorize upon appeal in special cases,
such variances from the terms of the ordinance as
well not be contrary to the public interest, where,
15.
owing to special conditions, the literal enforce-
ment of the provisions of the ordinance will re-
sult in unnecessary hardship, and so that the
spirit of this ordinance shall be observed and sub-
stantial justice done.
(d) In exercising its powers the Board may, in con-
formity with the provisions of Articles 1011-A
and including 1011-J of the 192$ Civil Statutes of
Texas, revise or reform, wholly or partly, or may
modify the order, requirement, decision, or deter-
mination appealed from and make such order, re-
quirement, decision or determination as ought to be
made and shall have all the powers of the officer
from whom the appeal is taken.
(e) The concurring vote of four (4) members of the Board
shall be necessary to revise any order, requirement,
decision or determination of any such administrative
official, or to decide in favor of the applica-
tion on any matter upon which it is required to
pass under this ordinance or to affect any variance
in said ordinance.
(f) Any person or persons, jointly or severally, ag-
grieved by any decision of the Board of Adjust-
ment, any taxpayer, any officer, or department of
the Municipality may present to a court of record
a petition, duly verified, setting forth that such
decision is illegal, in whole or in part, specify-
ing the grounds of the illegality. Such petition
shall be presented to the court within ten (10)
days after the filing of the decision in the Office
of the Board and not thereafter.
SECTION 15. PENALTY FOR VIOLATION: Any person or corpora-
tion who shall violate any of the provisions of this ordi-
nance or fail to comply therewith or with any of the require-
ments thereof, or who shall build or alter any buildings in
violation of any detailed statement or plan submitted and
approved hereunder, shall be guilty of a,misdemeanor, and
shall be subject to fine of not more than two hundred ($200)
dollars, and each day such violations shall be permitted to
continue shall constitute a separate offense. The owner or
owners of any building or premises or part thereof, where
anything in violation of this ordinance shall be placed, or
shall exist, any architect, builder, contractor, agent, per-
son or corporation, employed in connection therewith and who
may have assisted in the commission of any such violation,
Shall be guilty of a separate offense and upon conviction
thereof shall be fined as provided above.
SECTION 36. DEFINITIONS: The following shall apply in the
interpretation and enforcement of this ordinance, to -wit?
(1) Words used in the present tense include the future;
words in the singular number include the plural
16,
number includ6 the singular number; the word "build-
ing" includes the word "structure"; the word "lot"
includes the word "plot"; the word "shall" is manda-
tory and not discretionary.
(2) ACCESSORY BUILDING: A subordinate use or building
customarily incident to and located on the lot
occupied by the main use or building.
(3) ALLEY: A way which extends only secondary means of
access to abutting property.
(4) APARTMENT: A room or suite of rooms in an apart-
ment house or tenement arranged, designed or oc-
cupied as the residence of a single family, indi-
vidual, or group of individuals.
(5) APARTMENT HOUSE: A building or portion thereof
arranged, designed or occupied by three (3) or
more families lifing independently of each other.
(6) BOARDING HOUSE: A building other than a hotel where
lodging and meals for five (5) or more persons are
served for compensation.
(7) COURTS, TOURIST:A building or group of buildings
designed, arranged or used for temporary occupancy
having accommodations for housing or parking auto-
mobiles in close proximity to the quarters occupied
by the owner of such automobile and providing for
three (3) or more of such quarters.
(8) COURTS, TRAILER: An area designed and used for the
temporary occupation by automobile trailer or tont
quarters and providing for one (1) or more of such
quarters.
(9) CUSTOMARY HOME OCCUPATIONS: Occupations ordinarily
carried on in a home that are not deterimental or
injurious to adjoining property. These may include
serving meals or renting rooms to not more than
five (5) persons not members of the household,
dressmaking, millinery, washing and ironing.
Customary home occupations shall not include bar-
ber shops, flower shops, carpenter shops, electri-
cians shops, plumbers shops, radio shops, tinners
shops, transfer or moving van offices, auto repair-
ing or sign painting.
(10) DEPTH OF REAR YARD: The mean horizontal distance
between the rear line of a building other than an
accessory building and the center line of the alley
whore an alley exists, otherwise the rear lot line.
(11) DEPTH OF LOT: The mean horizontal distance between
the front and rear lot lines.
(12) DISTRICT: A section of the city for which the re-
gulations governing the area, height and use of
buildings are uniform.
(13) DWELLING, MULTIPLE: A building used or designed as
a residence for three (3) or more families or
households living independently of each other.
17.
(14) DWELLING, GROUP HOUSES: Detached or semi-detached
dwellings built on one (1) lot, usually in oppos-
ing rows separated by a wallway or court.
(15) DWELLING, ONE -FAMILY: A detached building having
accommodations for and occupied by only one family.
(16) DWELLING, IWO-FAMILY: A detached building for
separate accommodations for and occupied as, or to
be occupied as, a dwelling for only two families.
(17) FAMILY: A family is any number of individuals
living together as a single housekeeping unit;
as distinguished from a group occupying a board-
ing house, a lodging house, or both, or hotel as
herein defined.
(18) FRONT YARD: An open, unoccupied space on the same
lot with a building, between the building and the
street extending across the front of the lot.
(19) GROSS FLOOR AREA: The gross floor area of an apart-
ment house shall be measured by taking outside
dimensions of the apartment building at each floor
excluding, however, the floor area of basements or
attics when not occupied as living quarters.
(20) GARAGE, PRIVATE: A garage with capacity for net
more than five (5) motor driven vehicles for stor-
age only and for private use.
(21) GARAGE, PUBLIC: Any premises not a private garage,
as defined above, used for housing 6f more than
three (3) motor driven vehicles or where any such
vehicles are repaired for operation, or kept for
renumeration, hire or sale.
(22) GARAGE, STORAGE: Any premises, except those de-
fined as a private or public garage, used exclus-
ively for the storage of automobiles.
(23) HEIGHT. The height of a building or portion of a
building shall be measured frem the average es-
tablished grade at the street lot line or from
the average natural ground level, if higher; or if
no street grade has been established to the high-
est point of the rooffs surface if a flat surface;
to the deck line of mansard roofs; and to the mean
height level between eaves and ridge for hip or
gable roofs. In measuring the height of a build-
ing the following structure shall be excluded;
chimneys, cooling towers, radio tower, ornamental
cupolas, domes, or spires, elevator bulk heads,
pent houses, tanks, water towers, and parapet
walls not exceeding four (4) feet in height. -
(24) HOTEL: A building occupied as the more or less
temporary abiding place of individuals who are
lodged with or withour meals, in which as a rule
the rooms are occupied for hire, in which pro-
visions are not made for cooking in any individual
apartment, and in which there are more than twelve
08.
(12) sleeping rooms, a public dining room for
the accommodations of more than twelve (12) guests,
and a general kitchhn.
(25) INSTITUTION: A building occupied by a non-profit
corporation or non-profit establishment for public
use.
(26) LODGING ROUSE: A building other than a hotel where
lodging for five (5) or more persons is provided
for compensation.
(27) LOT: Land occupied or to be occupied by a building
and its accessory buildings, and including such
open spaces as are required under this ordinance,
and having its principal frontage upon a public
street or officially approved place.
(a) Interior - is a lot other than s corner lot.
(b) Through - a lot having frontage on two (2)
parallel or approximately paralle streets.
(e) Fractional - a portion of a lot that has been
cut off of a corner lot, having the side line
of an adjacent lot as its rear line and the
rear line of the remainder of the earner lot
as a side line.
(d) Front line - the line of an interior lot which
is adjacent to the street. On corner lots it
is the prolongation of the front lot line of
adjacent interior lots as originally platted.
(28) LOT LINES: The lines bounding a lot as defined herein
(29) LOT, CORNER:A lot situated at the junction of two
or more streets and having a width not greater than
100 feet.
(30) NON -CONFORMING USES: A building or premises oc-
cupied by a use that does not conform to the regu-
lations of the use in the district in which it is
situated.
(31) OPEN SPACE: Area included in any side, rear or
front yard or any unoccupied space on a lot that
is open and unobstructed to the sky except for the
ordinary projection of cornices, eaves or porches.
(32) PERSONS: The word "person" when used in this ord-
inance shall for the purpose of this ordinance,
mean every person, firm, co -partnership, associa-
tion, partnership, corporation or society; and the
term "person" shall include both singular, and plural,
and the masculine shall embrace the feminine gender.
(33) PLACE: An open, unoccupied space reserved for pur-
poses of access to abutting property.
(34) REAR YARD: A space unoccupied except by buildings
of accessory use as hereinafter permitted extending
for the full width of the lot between a building
other than a building of accessory use and the rear
lot line.
(35) REVERSED FRONTAGE: A portion of a corner lot front-
ing the street which was originally platted as 4
side street.
19.
(36) SIDE YARD: An open unoccupied space on the same
lot with a building situated between the building
and the side line of the lot, and extending through
from any street or from the front yard or to the
rear line of the lot. Any lot line not a rear line
or a front line shall be deemed a side line.
(37) STABLES, PRIVATE: A stable with a capacity for not
more than five (5) horses, mules or other domestic
animals.
(38) STABLES, PUBLIC: A stable with a capacity for more
than five (5) horses, mules or other domestic
animals.
(39) STREET: Any public thoroughfare dedicated to the
public and not designated as an alley.
(40) STORY: That portion of a building between the
surface of any floor and the surface of the floor
next above it, or if there be no floor above it,
then the space between such floor and the ceiling
next above.
(41) STORY, HALF: A story under a gable, hip or gam-
brel roof, the wall plates of which at least two
(2) exterior walls are not more than two (2) feet
above the floor of such story.
(42) STRUCTURAL ALTERATIONS: Any changes in the sup-
porting member of a building such as bearing walls,
columns, beams or girders.
(43) WIDTH OF SIDE YARD: The mean horizontal distance
between a side wall or a building and the side line
of the lot.
SECTION 17. CHANGES AND AMENDMENTS;
(1) The City Council may from time to time amend, sup-
plement, or change by ordinance the boundaries of
the Districts or the regulations herein established.
(2) Before taking action on any proposed amendment,
supplement or change, the City Council shall submit
same to the Planning and Zoning Commission for its
recommendation and report.
(3) A public hearing shall be held by the City Council
before adopting any proposed amendment, supplement
or change. Notice of such hearing shall be given
by publication one time in the official publication
of the Town of Allen, stating the time and place of
such hearing, which time shall not be earlier than
fifteen days from the first date of publication.
(4) Unless such proposed amendment, supplement, or
change has been approved by the Planning and
Zoning Commission, or if a protest against such
amendment, supplement or change has been filed
with the City Clerk, duly signed and acknowledged
by the owners of 20% or more, either of the area
or the lots included in such proposed changes, or
those immediately adjacent in the rear thereof,
extending 200 feet from the street frontage of
such opposite lots, such amendment, supplement or
SECTION 18. VALIDITY CLAUSE. Should any part of this Ordi.
nance be held invalid, no other part shall necessarily be -
affected thereby.
SECTION 19. PUBLICATION: This ordinance shall be published
one (1) time in the McKinney Examiner, a newspaper of general
circulation in Allen, which publication shall be within one
(1) week after this ordinance has been past and approved.
SECTION 20. EMERGENCY AND EFFECTIVE DATE: The fact that
there is an imperative public need and necessity that land
use and building construction be regulated by "Zoning" within
the Town of Allen, Texas, creates an emegency and the read-
ing and passing of this ordinance at three seperate meetings
is hereby suspended and this ordinance shall take effect and
be in full force from and after the passage at a single meet-
ing and the approval thereof by the mayor.
PASSED AND APPROVED ON THIS THE 11 day of July, 1960.
(signed) V. B. Watson
yor
ATTEST:
.(sinned) A. C. Story
ty ecre ary
STATE OF TEXAS
COUNTY OF COLLIN
I, A. C. Story, Secretary of the Town of Allen, Collin
County, Texas hereby certify that the above and foregoing is a
true and correct copy of an Ordinance passed and approved by
the Board of Aldermen of the Town of Allen, at a regular ses-
sion held on the 14th day of July, 1960, as it appears of
record in the minutes of said meeting of the Board of Alder-
men, in Boock 2, Page 125, of said minutes.
WITNESS MY RAND AND SEAL OF SAID TOWN, THIS THE 14th day
of July, 1960.
(sinned) A. C. Story
City Secretary, Town of
Texas.
21,
HUGHSTONW ANDS WORDEN
CENTRAL K 'NG
MCKINNEY.TEXAS
WALLACE TOK TELEPHQNE LINO
PAUL WORDEN June 27, 1960 P.o EOX
Mr. V. B. Watson
Mayor
Allen, Texas
Dear Mr. Mayor:
As shown by the enclosed copy of a letter to Mr. Fred Day, Chairn
of the Zoning Commission I have today forwarded to him a prepares
Report and Recommendation to be signed by his Commission and sub-
mitted to you, to which Report is attached marked Exhibit "A" a
complete copy of the proposed Ordinance and carrying with it a
completed map.
Enclosed you will find the proposed Ordinance in duplicate the
original copy of which you could use as the official copy to
be signed by the City Council when it is enacted.(Other copy ince
You will notice that the Ordinance itself provides that the Map
must be signed by you and the City Secretary and it further provi
that the Ordinance itself will be published one time at least one
week after it is enacted.
If you will ask Mr. Story to come by the office sometime and pi6
up the large map it will save the inconvenience and awkwardness
of mailing it through the mail.
If you will let me know the meeting when you propose to take this
ordinance up before the City Council, I will be glad to come dowr
and attend that meeting.
OAU��l
Y000uurstrrully,^dOR DEN
PVI: gt
Encl:-
P A U L W 0 R D E N
Central Bank Building
McKinney, Texas
J-anc 27, 1900
Mr. Fred ^ay
Chairman
'_onin3 Con—aission
Allen, ?ezae
Dear road:
Enelomed you rill find.a coy
of the proposed ning
Ordinance marked Exhibit "A to rhich tac d a
Report and Recommendations of
the Zcn_npg ion
to the City Ccuncil.
-
On the Second page of the Rep
you w 1 find a ace
for your signatvre as Chairma
nd a a
ce of the
signatures of the Secretary an
he er menbers of
the Comm s sion as list!!.(; page
the Repprt.
It is suggested that g.
sign this Report thsubmit
he . ire Co-.Tiission to
to city Council.
I am sending the o
cop
f the Ordinance itself
.ginal
direct to the Nayo
PAUL WORDEN
Pwtgc
cos L . -i'l sox,, Nayor
A11an,'Tekas