O-4018-8-23 ORDINANCE NO.4018-8-23
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,TEXAS,AMENDING
THE ALLEN LAND DEVELOPMENT CODE, AS AMENDED, BY AMENDING:
SECTION 4.08.1 "`A-O' AGRICULTURAL-OPEN SPACE" DELETING SPECIAL
DISTRICT REGULATIONS; SECTION 4.20.2 "SCHEDULE OF PRINCIPAL USES"
REGARDING MASSAGE ESTABLISHMENTS; SECTION 6.06.11 "SOLAR PANELS"
REGARDING THE REGULATION AND PERMITTING OF SOLAR PANELS;
SECTION 6.06.12 "CERTAIN VETERINARY HOSPITALS, ANIMAL CLINICS, OR
ANIMAL BOARDING FACILITIES"BY AMENDING REGULATIONS RELATING TO
THE LOCATION OF OUTDOOR AREAS; REPEALING SECTION 6.06.16 "MASSAGE
ESTABLISHMENTS"; AND APPENDIX A "DEFINITIONS," BY AMENDING THE
DEFINITIONS OF "AGRICULTURAL-OPEN SPACE" AND "SCHOOL, PUBLIC";
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE;
PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND ($2,000) DOLLARS FOR EACH OFFENSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, Texas, in
compliance with the laws of the State of Texas and the Ordinances of the City of Allen, Texas, have given the
requisite notices by publication and otherwise,and after holding due hearings and affording a full and fair hearing
to all persons interested and in the exercise of its legislative discretion, the City Council has concluded that the
Allen Land Development Code Zoning Regulations of the City of Allen,Texas,as previously amended,should be
further amended as follows:
SECTION 1. Article IV"Zoning Regulations"of the Allen Land Development Code,is amended as follows:
A. Section 4.08.1 "'A-O' Agricultural-open space district,"is amended to read in its entirety as follows:
Sec.4.08.1—"A-O"Agricultural-open space district.
The"A-O"district is to be used for farming,forestry,and mining uses not hazardous by reason
of odors, dust, fumes, noise, or vibration; single-family dwellings on acreage sites; public
recreation and open spaces; and is considered the proper classification for lease areas of
undeveloped land or land newly annexed to the city and appropriate for permitted principal and
accessory uses identified section 4.20.2 and section 4.20.3,respectively.
B. Section 4.20.2"Schedule of principal uses"is amended by amending as follows the zoning districts in
which"Massage Establishment"uses are permitted:
RESIDENTIAL`USES "_ ; ' NON-RESIDENTIAL DISTRICTS '
TYPE OF USE
c v.)
O O O y ww am! - a 0 O x
MASSAGE
ESTABLISHM X X X X X X X X
ENT
SECTION 2. Article VI "Special Zoning Provisions" of the Allen Land Development Code, is amended as
follows:
A. Section 6.06.11 "Solar panels,"is amended to read in its entirety as follows:
Sec. 6.06.11—Solar Panels.,
An applicant's submittal for a building permit and electrical permit, for locating a solar panel within the city
must demonstrate compliance with the following standards.
1. Permit requirements. All solar panel systems shall comply with the current adopted International
Building Code and International Fire Code,as amended, except to the extent a solar pergola is exempt
pursuant to V.T.C.A. Local Government Code Section 214.221.
2. Solar pergolas. Solar pergolas are subject to Section 4.10, "Residential accessory use regulations,"or
Section 4.11 "Commercial accessory use regulations," as applicable, except to the extent said section
conflicts with V.T.C.A Local Government Code Sections 214.221 and 229.101.
B. Section 6.06.12"Certain veterinary hospitals,animal clinics,or animal board facilities,"is amended to
read in its entirety as follows:
Sec.6.06.12—Certain veterinary hospitals,animal clinics, or animal board facilities.
Any outdoor runs, outdoor kennels, or other outdoor areas,to be used by animals, associated with a veterinary
• hospital,animal clinic or animal boarding facility shall not be located within 100 feet of any residentially zoned
property. This section 6.06.12 does not apply to veterinary services that are accessory to an agricultural use.
C. Section 6.06.16"Massage Establishments,"is repealed and removed in its entirety.
SECTION 3. Appendix A"Definitions"of the Allen Land Development Code is amended as follows:
A. The definition of the phrase"Agricultural use"is amended to read as follows:
Agricultural use means any activity related to the cultivation of the soil,the production
of crops or growth of vegetation for human food, animal feed, livestock forage, forage for
wildlife management, or planting seed or for the production of fibers; floriculture, viticulture
or horticulture; the raising or keeping of livestock; the planting of cover crops or the leaving
land idle for the purpose of participating in any governmental program or recognized, normal
crop rotation or livestock rotation procedure.A residential unit and related outbuildings located
wholly on a tract of land used solely for one or more of the purposes described in the preceding
sentence shall be deemed an accessory agricultural use.
B., The definition of the phrase"School,public"is amended to read as follows:
School,public means a school operated by an independent school district established in
accordance with V.T.C.A., Education Code Ch. 11, but not including a public school operated
on the campus of a college, university, or trade school. This definition also includes open-
enrollment charter schools in accordance with and to the extent provided in V.T.C.A.,Education
Code ch. 12.
SECTION 4. In the event of an irreconcilable conflict between the provisions of another previously adopted
ordinance of the City of Allen and the provisions of this Ordinance, the provisions of this Ordinance shall be
controlling.
Ordinance No.4018-8-23,Page 2
SECTION 5. Should any word,sentence,paragraph, subdivision,clause,phrase or section of this 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 Allen Land Development Code,as amended hereby,which shall
remain in full force and effect.
SECTION 6. An offense committed before the effective date of this Ordinance is governed by prior law and the
provisions of the Allen Land Development Code,as amended,in effect when the offense was committed,and the
former law is continued in effect for this purpose.
SECTION 7. 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 Allen Land Development Code,as amended,and upon conviction
shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense, and each
and every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 8. This ordinance shall take effect on September 1, 2023, 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 22ND DAY OF AUGUST 2023.
APPROVED:
111 OR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith,CITY ATTORNEY Shelley B.Geor , C,CIT ECRETARY
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