O-400-8-82ORDINANCE NO. 400-8-82
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, AMENDING SECTION 3.08 OF THE COMPREHENSIVE ZONING
ORDINANCE NO. 366-10-81 TO INCLUDE TEMPORARY ACCESSORY
BUILDINGS AND AMENDING SECTION 2.07 OF THE COMPREHENSIVE
ZONING ORDINANCE NO. 366-10-81 TO INCLUDE TEMPORARY
ACCESSORY BUILDINGS IN COMMERCIAL ZONING DISTRICTS;
PROVIDING FOR PERMIT; PROVIDING FOR PLAN REVIEW AND
APPROVAL; PROVIDING FOR REGULATIONS; PROVIDING FOR TIME
DURATION; PROVIDING FOR A PENALTY CLAUSE; A SEVERABILITY
CLAUSE; AND AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission of the City of Allen, Texas, by
its own initiative has reviewed the Comprehensive Zoning Ordinance No. 366-10-81
and, after due study and consideration, determined that it is in the best interest of the
health, safety, and general welfare of the citizens of Allen that the Comprehensive
Zoning Ordinance be amended to include Temporary Accessory Building Uses; and,
WHEREAS, the Planning and Zoning Commission of the City of Allen, Texas,
after due study and consideration, has determined that certain regulations need apply to
the Temporary Accessory Building Uses for the protection of the public health, safety,
and general welfare; and,
WHEREAS, the Planning and Zoning Commission of the City of Allen, after due
study and consideration, is of the opinion that certain time limits of such uses are
necessary for the protection of the general health, safety, and welfare of the citizens
of Allen; and,
WHEREAS, the Planning and Zoning Commission of the City of Allen, following
due process of law, held a Public Hearing on June 24, 1982, and has recommended to the
Allen City Council that Section 3.08 and Section 2.07 of the City of Allen
Comprehensive Zoning Ordinance No. 366-10-81 be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
Ordinance No. 400-8-82 - Page 1
i
OF ALLEN, TEXAS:
SECTION 1. That from and after the effective date of this ordinance
Section 3.08 of the City of Allen Comprehensive Zoning Ordinance No. 366-10-81 shall
be amended to include Temporary Accessory Buildings. The addition of this use shall
read as follows, to -wit:
1. That application for Temporary Accessory Buildings in
commercially zoned districts shall be made to the Building Official.
a. Permit fee to accompany application.
b. A written statement from the owner of the existing
facility, or his authorized agent, setting forth the need and/or the
justification for the Temporary Accessory Building.
C. The estimated schedule for a permanent building to
be completed.
2. Building Regulations - Temporary Accessory Buildings in
commercial districts may be of any type of construction permitted by the
Allen Building Code. Temporary Accessory Buildings in all commercial
areas requiring electrical and plumbing shall be in compliance with the
City of Allen Building Regulations, including but not limited to the
building code, the plumbing code, and the electrical code.
3. Temporary Accessory Buildings in all commercial districts
will require plan approval and recommendation by the Planning and Zoning
Commission and approval by the City Council (without Public Hearings).
Such plan shall include, but not be limited to, consideration of the
following regulations:
a. Height Regulations - A maximum of one (1) story or
fifteen (15) feet in height.
b. Area Regulations - Temporary Accessory Buildings in
commercial areas shall not be located in any front yard.
Temporary Accessory Buildings, if , of a mobile nature, will be
provided with acceptable stablization, underpinning, and temporary
landscaping deemed feasible by the Planning and Zoning
Commission at the time of plan approval.
4. Temporary Accessory Buildings in all commercial districts
will require a temporary permit to be issued by the Building Official after
approval by the Planning and Zoning Commission and the City Council in
conformance with the temporary permit requirements in Section 2.07 of
the City of Allen Comprehensive Zoning Ordinance.
SECTION 2. That from and after the effective date of this ordinance
Section 2.07 of the City of Allen Comprehensive Zoning Ordinance No. 366-10-81 is
Ordinance No. 400-8-82 - Page 2
hereby amended to including the following, to -wit:
7. Temporary Accessory Buildings in Commerical Zoning
Districts - After conformance with Section 3.08 of this ordinance may be
used as temporary office space during construction of a new commercial
structure or during the expansion of any existing commercial structure.
The duration of temporary accessory building permits shall be for a period
of six (6) months with a limit of one (1) extension for a period of time not
to exceed twelve (12) months, which may be granted on evidence
presented by the requestor that the permanent structure design is
complete and that a building permit has been granted. Such extension
shall be granted only after recommendation by the Planning and Zoning
Commission and approval by the City Council.
Temporary Accessory Building permits are limited to one (1) per
applicant. During the initial six (6) month period, the staff will assist the
applicant in complying with all regulations required for a permanent
structure.
SECTION 3. All provisions of the ordinances of the City of Allen in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Allen not in conflict with provisions of this ordinance shall
remain in full force and effect.
SECTION 4. 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 the
City of Allen, Texas, Comprehensive Zoning Ordinance No. 366-10-81, as heretofore
amended, and upon conviction shall be punished by a fine not to exceed the sum of
$200.00 for each offense, and each and every day such violation shall continue shall be
deemed to constitute a separate offense.
SECTION 5. It is the intention of the City Council that this ordinance and
every provision thereof shall be considered severable, and the validity of any section,
clause, or provision or ' part or portion of any section, clause or provision of this
ordinance shall not affect the validity of any other portion of this ordinance.
SECTION 6. This ordinance shall become effective immediately upon its
passage and publication as required by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
Ordinance No. 400-8-82 - Page 3 ,
ALLEN, TEXAS, ON THE 5th DAY OF AUGUST , 1982.
APPROVED:
AA4 , 9—�
B. Pierson, Mayor
ATTEST:
Marty Hendrix, Ciq Secretary
Ordinance No. 400-8-82 - Page 4
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared JACK R. STEIN, who having been
by me duly sworn, on oath deposes and says:
That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre-
quently than once a week, having a general circulation in said county, and having been published regularly and con-
tinuously for more than twelve months prior to publishing
f which the attached is a true and written copy, and which was
Ed
U v •
and which was issued on r. cl �� by
of Collin County, Texas. A printA copy of said publication is
3 SUBSCRIBED AND SWORN to before me this A `^ di
3,
Publisher's Fee $
r0i,�- a -b @ ,Off'
blished in THE ALLEN AME1t1(:AN on
Notary Public in
--0,,, J,.2- , /914
, A.D. 1911- .
for Collin County,
That any person, firm, or
corporation violating any of
the provisions or terms of
this ordinance shall be sub-
ject to the same,penalty as
provided for'in the Planned
Development Zoning Or.
Idinance No. 371'10-81 of the
City of Allen and upon con-
iviction shall be punished by
a fine not to exceed tfie sum
'of $200.00 for ehch offense.
Copies' of "these or=
dinances may be read or
purchasedrin the office of
the City Secretary; Allen CI-
ty.Hall, 302 W. McDermott.
,-; Marty Hendrlx
City Secretary
Published .In µThe Allen
American Monday, August
1291982
amended, and upon convic-
tion shall be punished by' a
fine not to exceed the sum
of $200.00 for each offense,
and each and every day
such violation shall.- con-
tinue' shall be deemed -to
constitute a separate_ of.
fense. 4 , '' . ,A , •,
, Ordinance No., 401:8.82:,-,
An Ordinance of,the City of
Allen, Collin -County, Texas,
Amending Comprehensive
Zoning Ordinance No.
366.10.81 of the. City, of
Allen as Heretofore Amend-
ed so as to Attach a Specific
Use Permit for the Principal
Use of "Church" Therefore
restricting the Northern "
Four (4) Acres out of a 7.042
Acre Tract in the Lewis
Wetzel Survey, Abstract No.
978, and Being Part of the
Fountain Park First Section
as Recorded In Volume 7,
Page 68, of the Collin Coun-
ty Deed Records, Presently
Delineated on'the Official
Zoning Map as PD -SC No. 6;
providing for a Penalty; Pro-
viding for an Effective'Date;
2.
Public Notices
and Providing for-Publlca-
tion of the Caption.$, �
THE CITY OF ALLEN
That any person, firm, or
PUBLIC NOTICE,
corporatlon'vioiating any of
II
the provisions or terms of
The following ordinances -
this ordinance shall be sub -
were adopted by the' Allen
ject to the -same penalty as
City Council In a regular
provided,for''•In theACom-
session held on August 5,
prehensive',. Zoning, Or.
1982 (Titles and Penalty :
dinance No. 366-10-8T,of the
Clauses only.)
City of Allen,.as,heretofore
_
Ordinance No. 400.8-82: {
,amended, and upon convic.
An ordinance of the City of
tion shall, be. punished_ by a
Allen, Collin County, Texas,
fine not' -to exceed the*,sum
Amending . Section. 3.08 of '
of $200.00 for, each offense.
the Comprehensive Zoning
Ordinance No. 402-8-82:
Ordinance No. 366-10-81 .to
,An Ordinance of the City of
Include Temporary _ Ac.
Allen, Collin County, Texas,
cessory Buildings -and }
,Amending Planned Develop -
Amending Section' 2.07:.- of
ment Zoning'Ordinance No.
+371.10.81
the Comprehensive: Zoning
to Include the At -
Ordinance No. 366-10-81 to
tachment• of Exhibih"A" as
Include Temporary -Ac.
. the Approved Site Plin fol
cessory Buildings In Com-
Development of ' the Nor-
merclal Zoning Districts-
"thorn Four (4) Acres Out of a
Providing for Permit; Pro-
7.042 Acre Tract -kin the
viding for PlanlRevlew and
Lewis -,Wetzel,. Survey,
Approval; Providing for
Abstract No: 978, and Being
Regulations; Providing for
Part of the -Fountain Park
Time Duration; Providing for
First Section as Recorded In
a Penalty Clause;' a
s, Volume 7, Page 68, of the
Severability Clause;•and an
f.ICollin' County Deed
Effective Date—
a,Records,. Presently
Any person;. firm,'or co1r:
Delineated "on the- Offi
potation violatingsnyr of the
*Zoning Map as a Portlon
provisions.or tertns-of this
,PD -SC No. 6; Providing for a
ordinance -shill' be; subject
Penalty; Providing for an EP""
to the same penalty as pro.
fective Date; and providing
vided for in the'City of Allen,
for Publication of, the Cap -
Texas, Comprehenslve.Zon-
tion.
Ing Or�iinar►ce,„No;
aaa_1 n_24 ,..e.V 1_1-4--�
>•�. ��
--0,,, J,.2- , /914
, A.D. 1911- .
for Collin County,
That any person, firm, or
corporation violating any of
the provisions or terms of
this ordinance shall be sub-
ject to the same,penalty as
provided for'in the Planned
Development Zoning Or.
Idinance No. 371'10-81 of the
City of Allen and upon con-
iviction shall be punished by
a fine not to exceed tfie sum
'of $200.00 for ehch offense.
Copies' of "these or=
dinances may be read or
purchasedrin the office of
the City Secretary; Allen CI-
ty.Hall, 302 W. McDermott.
,-; Marty Hendrlx
City Secretary
Published .In µThe Allen
American Monday, August
1291982