O-3251-9-14ORDINANCE NO. 3251-9-14
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, AS
PREVIOUSLY AMENDED, BY AMENDING SECTION 4.20.4 "SCHEDULE OF
PRINCIPAL USES CENTRAL BUSINESS DISTRICT' TO REQUIRE SPECIFIC
USE PERMITS BE OBTAINED FOR VARIOUS USES WITHIN THE CENTRAL
BUSINESS DISTRICT WHICH ARE PRESENTLY PERMITTED USES; SECTION
5.01 "FLOODPLAIN HAZARD" BY AMENDING SECTION 5.01.1 RELATING TO
THE PURPOSE FOR ADOPTING FLOODPLAIN HAZARD REGULATIONS,
AMENDING SECTION S.OIA BY ADDING A STATEMENT REGARDING THE
LIMITED AFFECT OF THE CITY'S FLOODPLAIN REGULATIONS, AND
AMENDING SECTION 5.01.7.2 TO ADD REGULATIONS RELATING TO
LOCATION OF MANUFACTURED HOMES AND RECREATIONAL VEHICLES IN
CERTAIN FLOOD ZONES; PARAGRAPH B.B. OF SECTION 7.03.4 "OUTDOOR
LIGHTING" RELATING TO PARKING LOT AND LOADING AREA LIGHTING
FIXTURE STANDARDS; SECTION 8.04.1 "CLEARING AND GRADING PERMIT'
BY DELETING PARAGRAPH 1111"; APPENDIX A "DEFINITIONS" BY
AMENDING THE DEFINITIONS OF THE PHRASES "ACCESSORY STRUCTURE
(RESIDENTIAL)," AND "DAY CARE FACILITY," AND ADDING A NEW
DEFINITION FOR `{PSYCHIC READER, FORTUNE TELLER, OR SPIRITUAL
' ADVISOR"; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING 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, Section 4.20.4 "Schedule of Principal Uses - Central
Business District" shall be amended by changing the following uses from "`X' — Use permitted in district
indicated" to "'S — Use may be permitted upon approval of specific use" as shown below:
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SECTION 2. The Allen Land Development Code, Section 4.20.5 "Schedule of Accessory Uses Central
Business District" shall be amended by requiring a Specific Use Permit "S" for the use "Laundry/Dry
Cleaning, Pick Up Only."
SECTION 3. The Allen Land Development Code, Section 5.01 "Floodplain Hazard" shall be amended as
follows:
A. Section 5.01.1 'Purpose" shall be amended to read as follows:
Sec. 5.01.1 - Purpose
Chapter 16, Subchapter I of the Texas Water Code, also known as the Flood Control
and Insurance Act, as amended, requires the governing body of each city to adopt
ordinances necessary for the city to he eligible to participate in the National Flood
Insurance Program and authorizes cities and other political subdivisions in the State to
take all necessary and reasonable actions that are not less stringent than the requirements
and criteria of the National Flood Insurance Program. In enacting the provisions of this
Article, the City Council finds that (i) flood hazard areas are subject to periodic
inundation, which results in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, and extraordinary public
expenditures for flood protection and relief, all of which adversely affect the public
health, safety and general welfare and (ii) these flood losses are created by the cumulative
' effect of obstructions in floodplain which cause an increase in flood heights and
velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and
hazardous to other lands because they are inadequately elevated, Flood -proofed or
otherwise protected from flood damage. It is the purpose of this Article to promote the
Ordinance No. 3251-940. Page 2
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Comments
ADULT DAY CARE
S
ASSISTED LIVING
S
BANKS AND FINANCIAL INSTITUTION
S
CLINIC, MEDICAL
S
DWELLING, SINGLE-FAMILY (ATTACHED)*
S
*TOWNHOMES
DWELLING, MULTI -FAMILY (LOFT
APARTMENTS)
S
DAY CARE FACILITY
S
FOOD SERVICE
S
PRINTING OR NEWSPAPER ESTBLISHMENT
S
VETERINARY HOSPITAL ANIMAL CLINIC
OR ANIMAL BOARDING FACILITY
S
SECTION 2. The Allen Land Development Code, Section 4.20.5 "Schedule of Accessory Uses Central
Business District" shall be amended by requiring a Specific Use Permit "S" for the use "Laundry/Dry
Cleaning, Pick Up Only."
SECTION 3. The Allen Land Development Code, Section 5.01 "Floodplain Hazard" shall be amended as
follows:
A. Section 5.01.1 'Purpose" shall be amended to read as follows:
Sec. 5.01.1 - Purpose
Chapter 16, Subchapter I of the Texas Water Code, also known as the Flood Control
and Insurance Act, as amended, requires the governing body of each city to adopt
ordinances necessary for the city to he eligible to participate in the National Flood
Insurance Program and authorizes cities and other political subdivisions in the State to
take all necessary and reasonable actions that are not less stringent than the requirements
and criteria of the National Flood Insurance Program. In enacting the provisions of this
Article, the City Council finds that (i) flood hazard areas are subject to periodic
inundation, which results in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, and extraordinary public
expenditures for flood protection and relief, all of which adversely affect the public
health, safety and general welfare and (ii) these flood losses are created by the cumulative
' effect of obstructions in floodplain which cause an increase in flood heights and
velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and
hazardous to other lands because they are inadequately elevated, Flood -proofed or
otherwise protected from flood damage. It is the purpose of this Article to promote the
Ordinance No. 3251-940. Page 2
public health, safety and general welfare and to minimize public and private losses due to
' flood conditions in specific areas by provisions designed to:
1. Protect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets and bridges located in floodplains;
6. Assist in maintaining a stable tax base by providing for the sound use and
development of flood prone areas;
7. Ensure adequate notification for purchasers of property;
8. Establish floodplain limits based on proposed fully developed watershed
conditions;
9. Preserve the existing conveyance capacity of the floodplain;
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10. Allow no rise in the base flood elevation;
11. Prevent the alteration or channelization of Rowlett Creek and all tributaries
draining 160 acres or more except where required for safety and public welfare;
12. Limit the maximum average channel velocities to prevent excessive erosion
which are dependent on specific channel, bed, and bank treatments; and
13. Preserve stands of trees and other environmental features within the
floodplain.
B. Subsection 5.01.4 "General Provisions' shall be amended by adding a new Paragraph 8 to
read as follows:
8. The degree of flood protection required by the regulations set forth in this
Article is considered reasonable for regulatory purposes and is based on
scientific and engineering considerations. On rare occasions, greater floods
can and will occur, and flood heights may be increased by man-made or
natural causes. The enactment of this Article does not imply that land
outside the areas of special flood hazards or uses permitted within such areas
will be free from flooding or flood damages. The enactment and
enforcement of this Article shall not create liability on the part of the city or
any city official or employee for any flood damages that result from reliance
on this Article or any administrative decision lawfully made hereunder.
'
C. Subsection 5.01.7 'Provisions for Flood Hazard Reduction,' Paragraph 2 "Specific
Standards' shall be amended by adding a new Subparagraph d. "Manufactured Homes" and a
new Subparagraph e. `Recreational Vehicles" to read as follows:
Ordinance No. 3251-9-14 Page 3
d. Manufactured Homes:
' i. Require that all manufactured homes to be placed within Zone A on a
community's FHBM or FIRM shall he installed using methods and practices
which minimize flood damage. For the purposes of this requirement,
manufactured homes must be elevated and anchored to resist flotation,
collapse, or lateral movement. Methods of anchoring may include, but are
not limited to, use of over -the -top or frame ties to ground anchors. This
requirement is in addition to applicable State and local anchoring
requirements for resisting wind forces.
ii. Require that manufactured homes that are placed or substantially improved
within Zones Al -30, AH, and AE on the community's FIRM on sites (a)
outside of a manufactured home park or subdivision, (b) in a new
manufactured home park or subdivision, (c) in an expansion to an existing
manufactured home park or subdivision, or (d) in an existing manufactured
home park or subdivision on which a manufactured home has incurred
"substantial damage" as a result of a flood, be elevated on a permanent
foundation such that the lowest floor of the manufactured home is elevated to
or above the base flood elevation and be securely anchored to an adequately
anchored foundation system to resist flotation, collapse, and lateral
movement.
iii. Require that manufactured homes be placed or substantially improved on
' sites in an existing manufactured home park or subdivision with Zones AI -
30, AH and AE on the community's FIRM that are not subject to the
provisions of paragraph (4) of this section be elevated so that either:
(a) The lowest floor of the manufactured home is at or above the base
flood elevation, or
(b) The manufactured home chassis is supported by reinforced piers or
other foundation elements of at least equivalent strength that are no
less than 36 inches in height above grade and be securely anchored
to an adequately anchored foundation system to resist flotation,
collapse, and lateral movement.
e. Recreational Vehicles: Require that recreational vehicles placed on sites within
Zones AI -30, AH, and AE on the community's FIRM either:
i. Be on the site for fewer than 180 consecutive days, or
it. Be fully licensed and ready for highway use; or
iii. Meet the permit requirements of Section 5.01.6.1 and the elevation and
anchoring requirements for manufactured homes in subparagraph (d) of this
Section 5.01.7. A recreational vehicle is ready for highway use if it is on its
wheels or jacking system, is attached to the site only by quick disconnect
type utilities and security devices, and has no permanently attached
additions.
SECTION 4. Subparagraph b. of Allen Land Development Code Section 7.03.4 "Outdoor Lighting,"
Paragraph 8 "Parking Lot and Loading Area Lighting" is amended to read as follows:
Ordinance No. 3251.9.14 Page 4
' b. All parking lot and loading area lighting shall comply with the following
requirements:
1. 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;
iii. Luminaire shall be 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.
SECTION 5. Allen Land Development Code Section 8.04.1 "Clearing and Grading Permit' is amended by
deleting paragraph "h."
SECTION 6. Allen Land Development Code, Appendix A "Definitions" is amended as follows:
A. The definitions of the phrases "Accessory Structure (Residential)," and `Day Cue Facility,"
shall be amended to read as follows:
' Structure, accessory (residential), means a subordinate structure detached and used
for a purpose customarily incidental to the principal residential use. Accessory
Structures may not be used as a dwelling unit.
Day care facility means a commercial facility licensed by the State of Texas and may
be titled or known as a Nursery School, Kindergarten, Child Development Center,
Day Care Center, Private School, etc., which provides care for less than 24 hours a
day for more than 13 children under age 14.
B. Adding a new definition for the phrase "Psychic Reader, Fortune Teller, or Spiritual Advisor"
to read as follows:
Psychic reader, fortune-teller or spiritual advisor means a use involving the
foretelling of the future in exchange for financial or other valuable consideration.
Fortune telling shall include, but is not limited to, uses where the fortune is told
through astrology, augury, card or tea reading, cartomancy, clairvoyance,
clairaudience, crystal gazing, divination, magic mediumship, necromancy, palmistry,
psychometry, phrenology, prophecy, and spiritual reading.
SECTION 7. 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 8. 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.
Ordinance No. 3251-9-14, Page 5
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SECTION 9. 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 10. 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 11. 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 9m DAY OF SEPTEMBER, 2014.
APPROVED AS TO FORM:
Peter G. Smith, CITY ATTORNEY
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APPROVED:
Step en erre6, MAYOR
ATTEST:
Shelley B. George, C, CITY S� ECI�TARY
Ordinance No. 3251-9-14, Page 6