O-3086-5-12ORDINANCE NO. 3086-5-12
' 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 4.20.2 "SCHEDULE OF PRINCPLE USES"
REGARDING THE LOCATION OF PAWN SHOPS, DANCE STUDIOSIMARTIAL
ARTS, AND GYMNASTICS AND SPORTS TRAINING FACILITIES; AMENDING
SECTION 6.03.1 "PRIVATE CLUB — LOCATION, TERM, RENEWAL AND
TERMINATION" REGARDING THE LOCATION OF PRIVATE CLUBS;
AMENDING SECTION 6.04 "TEMPORARY USE PERMITS," REGARDING THE
PROCESS AND PURPOSE FOR GRANTING TEMPORARY USE PERMITS;
AMENDING SECTION 7.04.1 "VEHICLE PARKING" REGARDING
DETERMINATION OF OFF-STREET PARKING REQUIREMENTS; AMENDING
SECTION 7.07.2 "CONSTRUCTION OF SCREENING WALLS OR VISUAL
BARRIERS"; AND SECTION 7.07.4 "SCREENING WALLS OR VISUAL BARRIERS
REQUIRED," REGARDING LOCATION OF WALLS AND FENCES AND
ALLOWABLE FENCE AND WALL MATERIALS; AND AMENDING APPENDIX A
"DEFINITIONS" REGARDING THE DEFE41TIONS OF "DANCE
STUDIOSIMARTIAL ARTS," "GYMNASTICS AND SPORTS TRAINING
FACILITY," AND "COMMERCIAL INDOOR AMUSEMENT"; 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 DOLLARS ($2,000) 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 fav
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 4.20.2 "Schedule of Uses," shall be amended by:
A. Deleting the use "Gymnastics/Dance Studio";
B. Adding the uses "Dance/Martial Arts Studios" and "Gymnastics and Sports Training Facility"
and setting forth the zoning districts where such uses are permitted by right, permitted by
specific use permit, or prohibited; and
' C. Amending the zoning districts where uses defined as "Pawn Shops" are permitted by right,
permitted by specific use permit, or prohibited;
the above-described amendments to be depicted as follows:
I
SECTION 2. Paragraph 1 of Allen Land Development Code, Section 6.03.1 "Private clubs — Location,
tern, renewal and termination," shall be amended to read in its entirety as follows:
I. A specific use permit (conditional) for private clubs may be granted in zoning
districts indicated by "C" in section 4.20.2, and in a country club. Private clubs shall also be
located 300 feet or more from the property line of a public or parochial school, or the front
door of any nonprofit hospital or church. This distance shall be measured by according to
applicable state law.
SECTION 3. The Allen Land Development Code, Section 6.04. "Temporary Use Permits," shall be
amended to read in its entirety as follows:
' Sec. 6.04. Temporary use permits.
The issuance of temporary use permits may be allowed under the conditions and for the time
specified upon proper application to, review by, and approval of the Director in accordance
with Sections 6.04.1 and 6.04.2.
Sec. 6.04.1. Temporary use permit applications.
Number of permits and duration Unless stated otherwise herein, a business
or property owner may receive during any 12 -month period no more than
two temporary use permits, or no more than one temporary use permit and
one renewal of said permit for a specific property upon making application,
paying of the required fee and receiving approval of the Director. Except as
otherwise set forth in this code, a temporary use permit and each extension of
a temporary use permit shall be effective for no more than thirty (30) days.
2. Application.
a. Unless otherwise determined by the Director, an application for a
temporary use permit must be submitted with the following
information:
i. A written letter of approval from property owner indicating
' the applicant has the right to use such property for the
temporary use described in the application.
ii. A site plan of the property showing:
Ordinance No. 3086-512, Page 2
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SECTION 2. Paragraph 1 of Allen Land Development Code, Section 6.03.1 "Private clubs — Location,
tern, renewal and termination," shall be amended to read in its entirety as follows:
I. A specific use permit (conditional) for private clubs may be granted in zoning
districts indicated by "C" in section 4.20.2, and in a country club. Private clubs shall also be
located 300 feet or more from the property line of a public or parochial school, or the front
door of any nonprofit hospital or church. This distance shall be measured by according to
applicable state law.
SECTION 3. The Allen Land Development Code, Section 6.04. "Temporary Use Permits," shall be
amended to read in its entirety as follows:
' Sec. 6.04. Temporary use permits.
The issuance of temporary use permits may be allowed under the conditions and for the time
specified upon proper application to, review by, and approval of the Director in accordance
with Sections 6.04.1 and 6.04.2.
Sec. 6.04.1. Temporary use permit applications.
Number of permits and duration Unless stated otherwise herein, a business
or property owner may receive during any 12 -month period no more than
two temporary use permits, or no more than one temporary use permit and
one renewal of said permit for a specific property upon making application,
paying of the required fee and receiving approval of the Director. Except as
otherwise set forth in this code, a temporary use permit and each extension of
a temporary use permit shall be effective for no more than thirty (30) days.
2. Application.
a. Unless otherwise determined by the Director, an application for a
temporary use permit must be submitted with the following
information:
i. A written letter of approval from property owner indicating
' the applicant has the right to use such property for the
temporary use described in the application.
ii. A site plan of the property showing:
Ordinance No. 3086-512, Page 2
b. Additional requirements.
i. No parking space required by this Code or other ordinance
setting forth minimum parking spaces for the property shall
be used for a temporary use.
ii. All temporary lighting, if applicable, will require issuance of
an electrical permit and an inspection by a city building
inspector prior to the event.
iii. Temporary restroom's and/or on-site restrooms shall be
allowed with the approval of the property owner and
business owner whose restrooms will be utilized.
' 3. Decommission or Removal. The site shall be vacated completely and
cleaned at the end of the event and prior to the issuance of new temporary
use permits for the same property.
4. Types of temporary use permits.
Ordinance No. 3086-512, Page 3
(1)
Zoning district.
'
(2)
Property boundaries.
(3)
Building footprint of permanent structures and paved
parking lot, if applicable.
(4)
Setbacks, which shall be a minimum of 20 feet from
all properly lines.
(5)
Location of all fire lanes, driveways and/or alleys.
(6)
Location of permanent fences or walls.
(7)
Location of temporary use structures and
merchandise, indicating the number of displaced
parking spaces, if applicable.
(8)
The number of required parking spaces for existing
uses on the property.
(9)
Location of temporary lighting or security lighting.
(10)
Location of any temporary signage, pennants or
banners.
(11)
Restroom locations.
(12)
A description of temporary use event activities and
expected days and hours of operation.
(13)
Applicant and/or organization shall include at least
two points of contact with up to date contact
information.
b. Additional requirements.
i. No parking space required by this Code or other ordinance
setting forth minimum parking spaces for the property shall
be used for a temporary use.
ii. All temporary lighting, if applicable, will require issuance of
an electrical permit and an inspection by a city building
inspector prior to the event.
iii. Temporary restroom's and/or on-site restrooms shall be
allowed with the approval of the property owner and
business owner whose restrooms will be utilized.
' 3. Decommission or Removal. The site shall be vacated completely and
cleaned at the end of the event and prior to the issuance of new temporary
use permits for the same property.
4. Types of temporary use permits.
Ordinance No. 3086-512, Page 3
a. Seasonal Sales. Temporary sales of seasonal products such as
' firewood, plants, fruits, vegetables, and other food items or products
may be allowed during their normal and generally accepted season,
and sales by temporary food vendors (defined as a person or entity
selling food products on a temporary and/or seasonal basis from a
temporary or mobile facility, including but not limited to snow
cones, hot dogs and similar food products) may be allowed subject to
the following provisions:
L Issuance of permits for temporary outdoor sales of seasonal
products shall be limited to areas zoned for retail or
commercial uses.
ii. The area for display shall be no more than 200 square feet,
being generally square or rectangular in shape, with a
maximum length of 25 feet and a minimum width of eight
feet. Examples would be ten feet by 20 feet, or eight feet by
25 feet.
iii. Charitable, religious, educational or public service, civic
organizations are exempt from all fees.
iv. This provision does not apply to temporary outdoor services
such as mobile blood banks, mammography screening, eye
' screening, or similar medical services for humans.
V. The application for a temporary use shall also include a true
copy of the sales tax permit which designates the city w
point of sale.
vi. Temporary sales of fruits and vegetables for off -premises
consumption shall be allowed; however, the products must
remain whole, and not be cut or opened in any manner.
vii. The owner of the property on which a temporary food
vendor is located must apply for and obtain a temporary use
permit prior to the temporary food vendor commencing the
preparation or sale of any food on the property. This permit
is required in addition to any permits that may be required by
the City of Allen Environmental Health Code, as amended.
Christmas Tree Sales. Temporary sales of Christmas trees during the
normal and generally accepted season subject to the following
provisions:
i. Issuance of permits for temporary outdoor sales of Christmas
trees shall be limited to areas zoned for retail or commercial
uses, or any church property.
' ii. Sales may not begin prior to November 15.
iii. Sale site must be cleaned and vacated by January 1.
Ordinance No. 3086-512, Page 4
iv. The application for a temporary use permit shall also include
a true copy of the sales tax permit which designates the city
' as point of sale.
V. A temporary use permit for Christmas tree sales shall be
excluded from the maximum number of temporary use
permits allowed under Section 6.04.1.1.
Carnival, Circus, Fairgrounds, Parking Lot Sales, Sporting events,
Philanthropic or Religious Event, and Political Rallies. Carnival,
circus, fairgrounds, parking lot sales, sporting events, political
rallies, philanthropic or religious events and similar activities may be
allowed provided the use conforms to all other provisions of this
code and the Code of Ordinances. The term of a temporary use
permit for a carnival, circus, or fairgrounds shall not exceed a
maximum of three (3) days, including set-up and tear down.
d. Other temporary uses. A temporary use permit may be granted for
those uses indicated by a "T" in the schedule of permitted principal
uses, Section 4.20.1, are not subject to the maximum permit term
described in 6.04.1.1, but remain subject to any applicable maximum
permit term established in this Section 6.04.1.5.
6.04.2. Temporary buildings.
' An applicant for a permit for a temporary building will be required to submit a site plan
application, as described in Section 6.05.
I. Temporary Construction Office Building.
A temporary building may be used as a construction office if it is located within the
same subdivision, contains no living quarters, and provides for only uses incidental to
construction on the premises. Such building shall be removed within 30 days
following final acceptance of the construction by the city. Additional temporary
construction office buildings and storage trailers may be allowed for nonresidential
subdivisions with the approval of the Director.
Temporary Residential Subdivision Sales Office.
A temporary sales office may be located within an approved residential subdivision.
This office should be used for display purposes in order to enhance the sales of
residential structures within the subdivision. No more than one sales office shall be
allowed for any one builder in any subdivision, unless a model home park is
developed. Such temporary use shall be allowed for a period of one year, with
extensions of not more than six months upon application and approval, provided the
builder has unsold lots remaining in the subdivision and the office continues to be in
use and properly maintained.
3. Temporary Model Homes.
' A temporary model home park may be allowed for the display and sales of residential
structures within the subdivision. A site plan shall be provided and shall conform to
the following requirements:
Ordinance No. 3086-5-12, Page 5
a. All temporary fencing shall be on private property.
' b. All city sidewalks shall be installed.
C. Temporary fencing shall include openings for fire access or, if gated,
shall be constructed with fire department approved locks.
d. All temporary walks and parking lots shall be shown on the site plan.
e. All evidence of the temporary facilities shall be removed upon
expiration of the permit and prior to a request for conversion of the
certificate of occupancy to a single-family use.
4. Church or School Temporary Accessory Buildings.
Temporary accessory buildings for church, public or private school use are subject to
the following conditions:
a. Temporary accessory buildings for church, private or public school
use constructed of alternate exterior building materials are allowed
by permit by the Director for a maximum of 24 months. Thereafter,
the permit may be renewed by the city council on an annual basis for
additional periods of 12 months each if active preparation and/or
efforts have or are being taken in completion of the development
which necessitated the temporary accessory buildings.
' b. The Director may approve an alternate exterior building material if
of noncombustible construction and in accordance with the city's
building code and fire prevention code. Metal exterior walls shall be
compatible in color with the principal building and existing
surrounding structures. If the walls are metal, the use of corrugated
panels is prohibited; profile panels, deep ribbed panels and concealed
facing systems are permitted. Exterior finish for metal walls fronting
or siding a public street shall be of a permanent material such as
baked or enamel finish or painted to the wall manufacture standards.
The use of galvanized, corrugated aluminum coated, zinc -aluminum
coated, or unpainted exterior metal finish is prohibited.
C. The temporary accessory building shall be removed prior to the end
of the period when such building is allowed under this section.
d. Not more than three temporary accessory buildings shall be allowed
on the same site, lot or tract of land for church or private school use.
e. Temporary accessory buildings shall not exceed 840 square feet in
size and one story in height; except 1,792 square feet shall be
allowed for public schools.
f. Temporary accessory buildings shall meet the area regulations of the
' zoning district in which located.
g. Temporary accessory buildings are not permitted without a main
structure on the same site, lot or tract.
Ordinance No. 3086-512, Page 6
h. Each temporary accessory building shall be constructed in such a
manner that it shall be portable, easily transportable, and capable of
' being moved. The Director shall consider the nature of the use;
existing uses in surrounding areas; noise, dust, light, and traffic
generated by the proposed use; health and sanitary conditions; and
compliance with other regulations within this Code or the Code of
Ordinances. The Director shall have the right to revoke any
temporary use permit at any time or to deny any extension upon
finding that a hazard or nuisance shall exist by continuing such use;
after which revocation or denial such temporary use shall
immediately cease and shall be removed within ten days of
notification of such finding.
SECTION 4. Paragraph c. of Allen Land Development Code Section 7.04.1 "Vehicle Parking," shall be
amended to read in its entirety as follows:
C. The Director and Director of Engineering may jointly grant a modification to
off-street parking requirements when necessary for the efficient operation of
the subject use. Such a modification in parking spaces shall be justified
through the development of a parking study prepared by a professional
engineer or transportation planner which demonstrates need, reviews industry
standards, and proposes a modification that will not result in a parking
deficiency.
SECTIONS. Paragraph a. of Allen Land Development Code Section 7.07.2 "Constriction of screening
' walls or visual barriers required," shall be amended and read as follows:
a. When screening walls are required by this Code, an approved eight -foot
masonry wall, or altemative design approved by the commission, shall be
required. Masonry screening walls shall meet the design details described in
Appendix F as well as the following:
Masonry screening walls may be constructed of clay -fired brick or
stone masonry units;
ii. Where screening walls are used to separate land uses or
developments and do not front on a public street, pre -cast concrete
panels may be used in lieu of clay -fired brick or stone masonry
provided they are textured and colored to have the appearance of
stone or clay -fired bricks;
iii. Garbage, trash or refuse container screening shall compliment the
primary building materials and may utilize split faced concrete
masonry units.
SECTION 6. Paragraph a. of Allen Land Development Code Section 7.07.4 "Screening walls or visual
barriers required," shall be amended and read in its entirety as follows:
a. A screening wall must be eight feet in height and composed of masonry
material with no openings constituting more than 40 square inches per square
foot of surface area (approximate openings equal 28 percent.)
SECTION 7. The Allen Land Development Code, Appendix A, "Definitions" shall be amended by as
follows:
Ordinance No. 3086-512, Page 7
A. The definition of "Amusement Commercial (Indoor)" shall be amended to read as follows:
' Amusement Commercial (Indoor) means a private facility offering indoor
entertainment such as bowling alley, video arcade, indoor entertainment, or billiard
parlor.
B. The definition "Gymnastics/dance studio" is hereby deleted.
C. Definitions of the phrases "Dance/Martial Arts Studio" and "Gymnastics or Sports Training
Facility" are hereby added to read as follows:
Dance/Martlal Arts Studio means a private commercial facility used as a
place for instructional classes in dance, martial arts or similar uses
Gymnastics or Sports Training Facility means a training center which
provides individual training and exercise in the proper conditioning and
preparation for organized competitive sports.
SECTION 8. 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 9. 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 10. 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 11. 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 12. 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 22m DAY OF MAY, 2012.
APPROVED:
ZWQO
Stephen Terrell, MAYOR
1
Ordinance No. 3086-512, Page 8
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, MY ATTORNEY Shelley B. Geo?0, CITY SECRETARY
Ordinance No. 3086-5-12, Page 9