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O-3236-7-14ORDINANCE NO. 3236-7-14 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS. AMENDING THE ALLEN LAND DEVELOPMENT CODE, AS AMENDED, BY AMENDING THE DEFINITION OF "OFFICE USE" IN APPENDIX A "DEFINITIONS"; 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. The Allen Land Development Code, Appendix A "Definitions" shall be amended by amending the definition of "Office Use" to read as follows: ' ice use - means administrative, executive, professional, managerial premises not a part of retail, wholesale or manufacturing operation. The term does not include (a) banks or financial institutions, (b) check cashing businesses, payday/advance loan businesses, motor vehicle title loan businesses, money transfer businesses, credit service organizations, or credit access business as such businesses are defined pursuant to applicable provisions of the Texas Finance Code and/or this Code, or (c) other similar businesses to those described in (a) or (b) of this sentence. A consumer reporting agency, as defined in 15 U.S.C. §1681a(f), may be considered an Office use. SECTION 2. 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 3. 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 4. 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 5. 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 6. 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 TAE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON TRIS THE S"n DAY OF JULY, 2014. APPROVED AS TO FORM: Pete�th, CFrY ATTORNEY (kb168W1466929) I APPROVED: Stephen Terrell, MAYOR ATTEST: 00. Shelley B. Georg OIC, CITY SECRETARY Ordinance 3236-7-14, Page 2