O-3272-1-15ORDINANCE NO. 3272-01-15
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, AS
AMENDED, BY AMENDING SECTION 4.20.4 "SCHEDULE OF PRINCIPAL USES"
BY ADDING THE USE "PRIVATE PARK" AND ESTABLISHING THE ZONING
DISTRICTS WHERE SUCH USE IS ALLOWED, ALLOWED BY SPECIFIC USE
PERMIT, AND PROHIBITED; AMENDING SECTION 7.09.2 "SIGN DEFINITIONS"
BY AMENDING THE DEFINITION OF THE PHRASES "VEHICLE SIGNS"AND
"ELECTRONIC MESSAGE BOARD;" AND AMENDING APPENDIX A
"DEFINITIONS" BY AMENDING THE DEFINITION OF "PARK OR
PLAYGROUND (PUBLIC)" AND ADDING THE DEFINITION OF `PRIVATE
PARK;" 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) 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. Allen Land Development Code, Section 4.20.2 "Schedule of principal uses," shall be
amended to adding the use "Park (Private)' and establishing the zoning districts in which such use is allowed,
allowed by specific use permit, and prohibited as follows:
RESIDENTIAL USES
NON RESIDNTIAL
DISTRICTS
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SECTION 2. Allen Land Development Code, Section 7.09.2 "Sign Definitions" shall be amended by
amending the phrases "Electronic Message Board" and "Vehicular Sign" to read as follows:
Electronic message board means any sign that uses lights or colors to form a sign message or
graphic wherein the message is electronically programmed and can be modified by electronic
processes without altering the face or the surface of the sign. These signs shall not be
animated and messages may only be changed once every 5 (five) minutes.
' Vehicular sign means a sign attached to or upon any vehicle where that vehicle is parked
within 20 feet of the edge of a parking lot adjacent to the public right-of-way and contains
arrows, directional information or promotional advertising relating to a business.
P
SECTION 3. Allen Land Development Code, Appendix A "Definitions" shall be amended by adding anew
definition for the phrase "Park, private" and amending the definition of the phrase "Park, public" to read as
follows:
Park, public — means any municipally owned, operated and/or maintained tract of land or
facility accessible and open, for use by the general public, with or without payment of a fee,
for active or passive recreational purposes, including but not limited to, playfields,
playgrounds, swimming pools, recreation centers, trails, nature preserve areas, and
greenbelts.
Park, private —any tract of land owned or controlled by any entity other than the local
municipality and used for active or passive recreational purposes including playgrounds and
swimming pools, but does not include playfields, stadiums, golf courses, community centers
or similar recreation facilities.
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
SECTIONS. 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 & 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.
SECTIONS. 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.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 13ra DAY OF JANUARY 2015.
APPROVED AS TO FORM:
Peter G. Smith, CITY ATTORNEY
(kbl1/5/15 69612)
APP VED:
Stephen Terrell, MAYOR
ATTEST:
Shelley B. Geo RMC, CITY S 4 TARY
Ordinance No. 3272-01-15, Page 2