O-942-9-89ORDINANCE NO. 942-9-89
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO.
829-11-87 BY REDEFINING THE ELIGIBILITY REQUIREMENTS TO
RECONSTRUCT SINGLE-FAMILY DWELLINGS THAT ARE DESTROYED
BY FIRE OR NATURAL ELEMENTS IN THE CENTRAL BUSINESS
DISTRICT; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING
FOR PUBLICATION OF THE CAPTION.
WHEREAS, pursuant to V.T.C.A. Local Government Code §211.001-211.013,
authority is conferred upon the City of Allen, Texas, to establish zoning regulations
with the City of Allen; and,
WHEREAS, the Planning and Zoning Commission has held a public hearing and
after careful review determined that, in order to protect the health, safety and welfare
of the single-family dwellings that were in existence at the inception of the Central
Business District, it was necessary to amend the eligibility requirements to reconstruct
single-family dwellings that are destroyed by fire or natural elements; and,
WHEREAS, the City Council held a public hearing and considered the Planning
and Zoning recommendation and the testimony given at the City Council hearing and
decided to favorably act upon the Planning and Zoning Commission's recommendation to
amend the Comprehensive Zoning Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, TEXAS:
SECTION 1: That on and after the effective date of this ordinance, any
person, firm, corporation, or organization seeking constrution, reconstruction,
alteration, or repair of a single-family dwelling in the Central Business District shall be
required to comply with the amended requirements of this ordinance, to -wit: Article 2,
Section 2.05, "Nonconforming Uses", paragraph 4., is hereby amended to read as
follows:
"4. That where single-family or two family dwellings were constructed
prior to the effective date of this Ordinance, and which do not
provide the required number of off-street parking spaces as
required in Section 3.05 of this Zoning Ordinance, such single
family or two family dwelling structures shall not be considered as
nonconforming structures, but for the purpose of this ordinance
shall be considered as conforming structures for all purposes.
Ordinance No. 942-9-89 - Page 1
Any nonconforming use of land or structures may be continued for
definite periods of time subject to such regulations as the Board of
Adjustment may require for immediate preservation of the
adjoining property prior to the ultimate removal of the
nonconforming use.
If a structure occupied by a nonconforming use is destroyed by fire
or elements uncontrolled by man, it may not be rebuilt except'to
conform to the provisions of this ordinance. In the case of partial
destruction of a nonconforming use not exceeding fifty percent
(50%) of its reasonable value, reconstruction will be permitted and
the size or functions of the nonconforming use cannot be expanded.
Exception: If a single family detached dwelling located in the
Central Business District and lawfully constructed and operating
since and prior to the effective date of this ordinance is destroyed
up to one hundred percent (100%) by fire or elements uncontrolled
by man, it may be wholly reconstructed for such use by conforming
to the provisions of all applicable codes and ordinances.
No nonconforming use may be expanded or increased beyond the lot
or tract upon which such nonconforming use is located as of the
effective date of this Ordinance except to provide off-street
parking or off-street loading space upon approval of the Board of
Adjustment.
Whenever a nonconforming use is abandoned, all nonconforming
rights shall cease and the use of the premises shall be in
conformance to this Ordinance. Abandonment shall involve the
intent of the user or owner to discontinue a nonconforming
operation and the actual act of discontinuance. Any
nonconforming use which is discontinued for, or which remains
vacant for, a period of six (6) months shall be considered to have
been abandoned."
SECTION 2: That it appears the rules and regulations governing the zoning
and use ,of land within the City of Allen are inadequate to ensure orderly future
development and, in order to protect the public interest, comfort and general welfare
of the City of Allen, creates an urgency and an emergency for the preservation of the
public health, safety and welfare, and requires that this ordinance shall take effect
immediately from and after its passage and the publication of the caption of said
ordinance as the law in such cases provides.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TERAS, ON THE 21ST DAY OF SEPTEMBER, 1989.
APPROVED:
d1
J e Farmer, Mayor
ATTEST:
4Jy Mo ison, City Secretary
ROVED AS TO FORM:
A. Don C-rewder, City Attorney
Ordinance No. 942-9-89 - Page 2
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared JUDY EDQUIST, who having been by
me duly sworn, on oath deposes and says:
That she 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
Notice of Public Hearing (Sent. 14, 1989)
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
Aug. 27. 1989
and which was issued on Aug . 27, 1989 -,by She City of A 1 1 1 e n
of Collin County, Texas. A printed copy of said publication is attached hereto.
rA�
SUBSCRIBED AND SWORN to before me this_✓ day of , A.D. 19 �Q
V.A. TODD
• MY COMMISSION 0
10.8 0 'fir :a F '` Dsambw 5,11
Publishes s fee $
Public in and for Collin County, Texas
CITY OF ALLEN
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Allen Plan-
ning &'Zoning Commission will conduct a
rpublic hearing at their regular meeting to
be held on Thursday, September 14,1989,
at 7:30 p.m. in the Council Chambers of the
Allen Municipal Annex, One Butler Circle,
'Allen, Texas, to consider an ordinance
amending the Comprehensive Zoning Or
dinance No. 829-11-87 by redefining the
eligibility requirements to reconstruct
single family dwellings that are destroyed
Eby fire or natural elements in the Central
iBusiness District. '
Anyone wishing to speak either FOR or
i AGAINST this request is invited to attend
this public hearing and voice their opinion.
For further information, contact the Depart-
kment of Community Development, -City of
(Allen, One Butler Circle, Allen, Texas, or by
telephoning 727-0120 or metro 424-7518.
Judy Morrison, City Secretary
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared JUDY EDQUIST, who having been by
me duly sworn, on oath deposes and says:
That she 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
Ntoice of Public Hearing ( Sept 21, 1989)
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
Aug. 27, 1989
and which was issued on -Aug. 27, 1989 , by The City of A 11 e n
of Collin County, Texas. A printed copy of said publication is attached hereto.
SUBSCRIBED AND SWORN to before me this Z f , A.D. 19A?,
F
o`'' Y.A. TODD
MY COMMISSION EXP(RES
. D�wmbw 6,1!
Publisher's fee S 9 0 0 • � ��'•� � •
Public in and for Collin County, Texas
CITY OF ALLEN`
NOTICE OF'PUBLIC 'HEARINGr ` -
°Notice is hereby given that the Allen City'.
(Council will conduct a public hearing aY
Itheir-regular meeting to be held on Thurs-
day,-September
hursday;September 21, 1989, at 7:30 p.m. in
the Council Chambers of the Allen Munici-
pal Annex, One Butler Circle, Allen, Texas,-
to
exas,to consider an ordinance amending the
Comprehensive Zoning Ordinance No.
'829-11-87 by redefining the eligibility re-
;quirements to reconstruct single family
dwellings that are destroyed by fire or, na-
tural eleinents in the Central Business
'.District. ' , ' - • I
'Anyone wishing to speak either FOR or
'AGAINST this request is invited to attend
this public hearing and voice their opinion.
fFor further information, contact the Depart-
ment of Community Development, City of
Allen, One Butler Circle, Allen, Texas, or by
(telephoning 727-0120 or metro 424-7518.
,Judy Morrison, City Secretary' �"
r AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared JUDY EDQUIST, who having been by
me duly sworn, on oath deposes and says:
That she 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
Ordinance 942-9-89
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
and which was issued on Sept. 27, 1989 ,by City of Allen
of Collin County, Texas. A printed copy of said publication is attached hereto.
SUBSCRIBED AND S
�`'"'"�*•: V.A. TODD
�:. MY COMMISSION EXPIRI
a'.....•�,:
DftwmbW 5,1102
Publisher's fee S 9.00
A.D. 19
Public in and for Collin County, Texas
u pm-6-0—ALLEN
PUBLIC NOTICE
.Notice is hereby given that the Allen City
.Council adopted the following ordinance at
their regular meeting held on Thursday,
September 21,1989 (Title only):
(ORDINANCE -No. 942-9-89: An Ordi-
nance of the City of Allen; Collin CdLinty,
iTexas; Amending Comprehensive Zoning
Ordinance No. 829-11-87 by Redefining
the Eligibility Requirements to Reconstruct
Single -Family Dwellings that are De-
stroyed by Fire or Natural Elements in the
:Central Business District; Providing for an
Effective Date; and Providing for Publica-
tion of the Caption. , ' I
!A copy of this ordinance may be read or
!purchased in the office,of the City Secret-
. ary,
ecret'ary, City of Allen, One Butler Circle, Allen,
Texas 75002
�s/Judy Morrison I
Judy Morrison, CITY SECRETARY -
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared JUDY EDQUIST, who having been by
me duly sworn, on oath deposes and says:
That she 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
RDINANCE 942-9-89
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
Sun. Oct. 1 1989
and which was issued on -Oct. 1 , 1989 , by City of Allen
of Collin County, Texas. A printed copy of said publication is attached hereto.
SUBSCRIBED AND SWORN to before me this
:'p�'�"'�r••: V.A. TODD
MY COMMISSION EXPIRES—
Deftrnber 5, 1992 N
Publisher's fee $ 9.00• •.. ,a • ..
of
, A.D. 19
Public in and for Collin County, Texas
CITY OF ALLEN m
PUBLIC NOTICE
)tice is hereby given that the Allen City
)uncil adopted the following ordinance at
Dir regular meeting held -on Thursday,
3ptember 21;`1989 (Title,only):
RDINANCE-No. 942-9-89:,An Ordi-
ince of the City of Allen, Collin County,
was, Amending C&nprehensiVe Zoning
•dinance No. 829-11-87 by Redefining
D Eligibility Requirements to Reconstruct
ngle-Family, Dwellings -that are -De
•oyed by,Fire or, Natural Elements in the
antral Business District; Providing for an
lective Date; and Providing for Publica-
n of the Caption!. - - % •
copy of this ordiriarice may tie'read or
rchased in the office of the City Secret
f, City of Allen, One Butler Circle, Allen,;
%as 75002 �
ludy Morrison
dy Morrison, CITY SECRETARY