O-3342-12-15I
1
ORDINANCE NO. 3342-12-15
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING THE ALLEN LAND DEVELOPMENT CODE, AS AMENDED, BY
AMENDING: SECTION 4.10 "RESIDENTIAL ACCESSORY USE REGULATIONS"
RELATING TO THE LOCATION OF ACCESSORY STRUCTURES; SECTION
4.153 "SCHEDULE OF NONRESIDENTIAL HEIGHT AND AREA
REGULATIONS" RELATING TO THE HEIGHT OF ACCESSORY STRUCTURES
IN THE OFFICE ZONING DISTRICT; SECTION 410.2 `SCHEDULE OF
PRINCIPLE USES" RELATING TO "MEDICAL CLINIC" AND "MEDICAL AND
DENTAL OFFICE" USES; SECTION 4.203 `SCHEDULE OF ACCESSORY USES"
RELATING TO THE ADDITION OF A NEW USE TITLED
"TELECOMMUNICATIONS (MONOPOLE TOWER)"; SECTION 7.03.4.5
"PARKING LOT AND LOADING AREA LIGHTING" RELATING TO
STANDARDS FOR PARKING LOT AND LOADING AREA LIGHTING; SECTION
7.091 RELATING TO THE DEFINITION OF "SIGN AREA'; SECTION 7.09.5.10.
RELATING TO DESIGN STANDARDS FOR CERTAIN SIGNS; SECTION 7.09.9.1
RELATING TO THE LOCATION OF FREESTANDING SIGNS; SECTION 7.09.11.1
RELATING TO "TEMPORARY SIGNS"; SECTION 7.09.111 RELATING TO
REQUIRING PERMITS FOR PERMANENT INSTITUTIONAL SIGNS; APPENDIX
A, "DEFINITIONS" BY AMENDING THE DEFINITIONS OF "MEDICAL
CLINICS," "MEDICAL AND DENTAL OFFICES," AND "HOSPITALS'; AND
APPENDIX C, "TREES AND PLANTS" BY AMENDING THE LIST OF
RECOMMENDED SPECIES FOR NEW PLANTINGS; PROVIDING A CONFLICTS
RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR A SAVINGS CLAUSE; PROVIDING FOR PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND ($2,000.00) 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:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. Subsections 2, 3, and 5 of Allen Land Development Code, Section 4.10 'Residential
Accessory Use Regulations," shall be amended to read as follows:
' 2. Side and rear yards. The required side and rear yard for any detached accessory
structure is three feet from any side or rear lot line, except as follows:
a. If no alley exists, the rear yard shall not be less than five feet from the rear
lot line.
b. No accessory structure shall be located within any dedicated easement.
C. A garage entered from an alley or side street shall be set back from the side
street or alley a minimum distance of 20 feet
3. Cooling towers and similar structures. Air conditioning compressors and pads of
detached single-family residential shall be setback a minimum of three (3) feet from
any property line. Cooling towers and similar accessory structures are required to
observe all front, side or rear yards.
5. Swimming pools. Swimming pools (including all decking and equipment) must be
located behind front building setback lines and at least three feet from any property
line. Any swimming pool water edge shall be a minimum of five (5) feet from any
primary structure. All pools must be completely enclosed by a fence or wall no less
than six feet in height with self -latching and self-closing gates. The latching device
shall be located on the pool side a minimum of 4'/x feet from the ground. Automatic
electric gates may be used, provided closing action is initiated within 60 seconds
after pass-through of a vehicle or persons. Temporary fencing is required during
excavation.
' SECTION 2. Allen land Development Cade, Section 4.15.3 "Schedule of non-residential height and area
regulations" shall be amended to mad as follows:
1
Ordinance No. 3342-12-15. Page 2
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SECTION 3. Allen Land Development Code, Section 4.20.2 "Schedule of Principle Uses" is amended by
permitting, permitting following approval of a specific use permit, and prohibiting uses defined as "Medical
Clinic' and "Medical or Dental Office' as follows:
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SECTION 4. Allen Land Development Code, Section 4.20.3 "Schedule of Accessory Uses' is amended by
permitting, permitting following approval of a specific use permit, and prohibiting uses defined as
"Telecommunications (Monopole Tower)" as follows:
Ordinance No. 3342-12-15 Page 3
RESIDENTIAL
USES
NON-RESIDENTIAL DISTRICFS
Parking Area Maximum Mounting Height
0 to 50 parking spaces 14 feet
51 to 200 parking spaces 20 feet
201 or greater parking spaces 25 feet
b. All parking lot and loading area lighting shall comply with the following
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i. Base cover and base, pole, light arm, and luminaire housing shall all
be dark bronze in color;
ii. Light pole must be square straight steel with an anchor base;
iii. Luminaire shall be generally rectangular or square in shape and have
either high pressure sodium or LED fixture;
iv. All lighting fixtures shall be fully shielded; and
V. Alternative designs may be approved by the commission and must be
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SECTION 5. Subsection 8 of Allen Land Development Code Section 7.03.4 "Outdoor Lighting" is amended
to read as follows:
SECTION 6. Allen Land Development Code, Section 7.09.2 "Sign Definitions" is amended by changing
the definition of "Sign Area" to read as follows:
Sign area means the gross surface area of the sign, including a single surface of a sign with
messages on both sides, the sum of all surfaces where two or more signs share a single
structure; and the copy area of a monument sign. I n the case of an irregularly shaped sign,
the sign area is calculated by enclosing the extreme limits of the sign by no more than four
rectangles. The sum of the area of the rectangles shall be the gross surface area. The
maximum allowable area is reduced by ten percent for the second and each subsequent
rectangle used in the calculation.
SECTION 7. Subsection 10 of Allen Land Development Code, Section 7.09.5 "General regulations
governing signs" is amended to read as follows:
10. Attached permanent signs and freestanding signs shall be designed to resist wind load
and to receive dead load as required by the city building code. A structural engineer's
seal may he required.
Ordinance No. 3342.12.15. Page 4
8. Parking lot and loading area lighting.
a. The mounting height of luminary fixtures shall not exceed the following:
Parking Area Maximum Mounting Height
0 to 50 parking spaces 14 feet
51 to 200 parking spaces 20 feet
201 or greater parking spaces 25 feet
b. All parking lot and loading area lighting shall comply with the following
requirements:
i. Base cover and base, pole, light arm, and luminaire housing shall all
be dark bronze in color;
ii. Light pole must be square straight steel with an anchor base;
iii. Luminaire shall be generally rectangular or square in shape and have
either high pressure sodium or LED fixture;
iv. All lighting fixtures shall be fully shielded; and
V. Alternative designs may be approved by the commission and must be
compatible with the architecture of the building.
C. All electric utility service facilities shall be underground.
SECTION 6. Allen Land Development Code, Section 7.09.2 "Sign Definitions" is amended by changing
the definition of "Sign Area" to read as follows:
Sign area means the gross surface area of the sign, including a single surface of a sign with
messages on both sides, the sum of all surfaces where two or more signs share a single
structure; and the copy area of a monument sign. I n the case of an irregularly shaped sign,
the sign area is calculated by enclosing the extreme limits of the sign by no more than four
rectangles. The sum of the area of the rectangles shall be the gross surface area. The
maximum allowable area is reduced by ten percent for the second and each subsequent
rectangle used in the calculation.
SECTION 7. Subsection 10 of Allen Land Development Code, Section 7.09.5 "General regulations
governing signs" is amended to read as follows:
10. Attached permanent signs and freestanding signs shall be designed to resist wind load
and to receive dead load as required by the city building code. A structural engineer's
seal may he required.
Ordinance No. 3342.12.15. Page 4
1
SECTION 8. Paragraph 1 of Allen Land Development Code, Section 7.09.9 "Permanent Signs, Subsection
1 "Freestanding Signs" is amended to read as follows:
No freestanding sign shall he located less than ten (10) feet from any adjacent
property line nor less than 100 feet from any single-family residential district.
SECTION 9. Table 7.22 in Allen Land Development Code, Section 7.09.11.1 'Temporary Signs" is
amended as follows:
A. Regulations relating to "Institutional" signs are deleted in their entirety.
B. The note in the last column relating to "Banners and Special Events" is amended to read as follows:
"Maximum three (3) permits per year."
C. The Time Limit for "Grand Opening Balloons/Inflatables" is amended by changing the time limit
from 21 days to 45 days.
SECTION 10. The regulations relating to "Institutional" signs as set forth in Table 7.23 in Allen Land
Development Code, Section 7.09.11.2 "Permanent Signs" is amended as follows:
SIGN TYPE
Miximum
Height
Moumum
Co Area
Mnomum
Structure
Mizuno
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sweig
Front Yard
Setback
(minimum
Permit
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(Square
(includes
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copy
Number
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area
'Per street homage
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8
32
nor
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either attachetl to a
screening wall or
freestanring
SECTION 11. Allen Land Development Code, Appendix A "Definitions" shall be amended as follows:
A. The definitions for the words and phrases "Hospital" and "Medical Clinic" shall be amended to read
as follows:
Hospital — means a public or private institution providing medical and surgical care
to the sick or injured, including surgical facilities and beds for patients to stay
overnight. These establishments may include as an integral part of the institution,
related facilities such as laboratories, outpatient facilities, or training facilities as
licensed by the State of Texas.
Medical Clinic — means facilities, other than hospitals and medical and dental offices,
where patients are admitted for examinations and treatment by one or more
physicians, on either a "walk-in" or appointment basis. Patients are treated on an
outpatient basis and are not admitted for overnight treatment or observation. This
classification includes emergency medical services offered exclusively on an out-
patient basis, such as urgent care centers, as well as licensed facilities offering
' substance abuse treatment, blood banks and plasma centers, and day surgery centers.
See also Medical or Dental Office.
Ordinance No. 3342-12-15, Page 5
I
B. A definition for the phrase "Medical or Dental Office" is added to read as follows
Medical or Dental Office - means an office where outpatient medical and dental
services are provided by physicians, dentists, chiropractors, optometrists, and similar
medical professionals. This classification also includes physical therapy and
counseling services related to medical conditions. See also Medical Clinic.
SECTION 12. The list of Recommend Species and
Unprotected Trees founds in Paragraph 1
"Recommended Species for New Plantings," Subparagraph "a' "Overstory (shade) trees" in Allen Land
Development Code, Appendix C "Trees and Plants" is amended to read as follows:
Cedar Elm
Ulmus crassifolia -.
Pecan _
Carya illinoinensis
Chinese Pistache
Pistacia chinesis
Bur Oak -
Quercus macrocarpa
Shumard or Texas Red Oak
Quercus shumardii or texana
Texas Ash
_
Fraxinus pennsylvanica
Live Oak
Quercus virginiana
Eastern Red Cedar
Juniperus virginiana
Chinquapin Oak
Quercus muhlenbergii
Gum Bumelia or Chittamwood
Bumelia lanuginosa
Black Walnut
Juglans nigra
Eastern Persimmon
Diospyrus virginiana
Shantung Maple
Acer truncatum
Magnolia 'DD Blanchard'
Magnolia grandiflora
Princeton Elm
Ulmus americana
Buckley's Oak
Quercus buckleyi
SECTION 13. The list of Recommend Species and
Unprotected Trees founds in Paragraph I
"Recommended Species for New Plantings," Subparagraph
"c" "Accent (ornamental) trees" in Allen Land
Development Code, Appendix C "Trees and Plants" is amended to read as follows:
Afghan (Eldarica) Pine
Pinus eldarica
Redbud
Cercis Canadensis
Redbud
Cercis canadensis var. 'Alba'
Crape Myrtle
Lagerstremia indica
Yaupon Holly
Ilex vomitoria
Eve's Necklace
Sophora affinis
Texas Sophora
Sophora segundiFlora
Mexican Plum
Prunus Mexicana
Deciduous Holly
Ilex decidua
Chaste Tree
Vitex Agnus-cactus
Mexican Buckeye _
Ungnadia speciosa
Desert Willow
Chilopsis linearis
Ordinance No. 3342.12-15 Page 6
'
Smoketree
Flame leaf Sumac
Lacey Oak
Wax Myrtle
Carolina Buckthome
Rusty Blackhaw
Texas Redbud
Colinas obovatus
Rhus lanceolata
Quercus laceyi
Myrica cerifera
Rhamnus caroliniana
Viburnum rufidulum
Cercis canadensis vu. texensis
Foster Holly Ilex x attenuate'Fosteri'
Savannah Holly Ilex x attenuata'Savannah'
Chitalpa �_ _ Chitalpa tashkentensis
Roughleaf Dogwood Cornus drummondii
Magnolia 'Little Gem'— Magnolia grandiflora
Arizona cypress Blue Ice' F— Cuppressus Arizoniea
SECTION 14. The list of Recommend Species and Unprotected Trees founds in Paragraph 1
"Recommended Species for New Plantings," Subparagraph "e" Ground Cover" in Allen Land Development
Code, Appendix C "frees and Plants" is amended to read as follows:
English hp
Monkey Gras
Lirp
Purple
Winter Creeper
Vinca
SECTION 15. 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
SECTION 16. 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 Cade, as amended
hereby, which shall retrain in full force and effect.
SECTION 17. 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 1& 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 19. This ordinance shall take effect immediately from and after its passage and publication in
' accordance with its provisions of the Charter of the City of Allen, and it is accordingly so ordained.
Ordinance No. 3342-12-15. Page 7
I
C
1
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 811 DAY OF DECEMBER 2015.
AP ROVED:
Steph& Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Q—^ aG✓t
Peter G. SndW qfTV ATTORNEY Shelley B. Geo RMC, CITY SE TARY
WIM15WO)
Ordinance No. 3342.12.15, Page 8