O-2978-12-10ORDINANCE NO. 2978-12-10
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE BY
AMENDING SECTION 4.06 "CHANGES AND AMENDMENTS"; AMENDING
SECTION 4.08 "DISTRICT PURPOSE AND SUPPLEMENTAL REGULATIONS"
INCLUSIVE OF SECTIONS 4.08.1 THROUGH 4.08.16; AMENDING SECTION
4.20.2 `SCHEDULE OF PRINCIPAL USES'; AMENDING SECTION 4.20.3
"SCHEDULE OF ACCESSORY USES"; AMENDING SECTION 6.01.3 "APPROVAL
PROCESS AND PROCEDURE FOR SPECIFIC USE PERMITS"; AMENDING
SECTION 6.01.4 "SPECIFIC USE PERMIT REQUIREMENTS"; REPEALING
SECTION 6.01.5 "SPECIFIC PERMITTED USES"; AMENDING SECTION 6.02.1
"PURPOSE OF CONDITIONAL SPECIFIC USE PERMITS"; AMENDING
SECTION 6.03 "PRIVATE CLUBS AND RESTAURANT/PRIVATE CLUBS"
INCLUSIVE OF SECTIONS 6.03.1 THROUGH 6.03.8; REPEALING SECTION
6.03.10 "FIREARMS AND EXPLOSIVES SALES AND SERVICE"; AMENDING
SECTION 6.05.4 "SITE PLAN REVIEW STANDARDS"; BY ADDING TO ARTICLE
VI A NEW SECTION 6.06 "SUPPLEMENTAL USE REGULATIONS" INCLUSIVE
OF NEW SECTIONS 6.06.1 THROUGH 6.06.10 PROVIDING FOR
SUPPLEMENTAL USE AND DEVELOPMENT REGULATIONS FOR VARIOUS
USES; AMENDING SECTION 7.04.1 "VEHICLE PARKING"; AMENDING
' SECTION 7.05.1 "STANDARD PLANTING MATERIALS"; AMENDING SECTION
7.07 "FENCES AND WALLS"; AMENDING SECTION 7.08 "PERFORMANCE
STANDARDS"; AMENDING SECTION 7.09.5 "GENERAL REGULATIONS
GOVERNING SIGNS"; AMENDING SECTION 7.09.8.2 "SPECIAL EVENTS AND
GRAND OPENING SIGNS"; AMENDING SECTION 8.09 "WASTEWASTER
UTILITY STANDARDS"; AND AMENDING 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
($2,000.00) 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. The Allen Land Development Code, Section 4.06 "Changes and Amendments," shall be
amended as follows:
A. Paragraph a. of Subsection 10 "Three-fourths vote' shall be amended to read as follows
' "a. A favorable vote of three-fourths of all of the members of the entire council shall be
required to approve any change in zoning when written protest are received and filed
with the city secretary in accordance with Section 211.006 of the Texas Local
Government Code. The protest must be written and signed by the owners of at least
20 percent of either: (1) the area of the lots or land covered by the proposed change;
or (2) the area of the lots or land immediately adjoining the area covered by the
proposed change and extending 200 feet from that area. In computing the percentage
of land area, the area of streets and alleys shall be included in the computation. All
written protests must comply with the requirements of Subsection I1 of this Section."
Ordinance No. 2978-12-10, Page 2
B. A new Subsection I1 titled "Written Protest Procedures" shall be added to read as follows:
"11. Written protest procedures.
a. propose.
(I) State law expressly enables the governing body of a municipality to establish
procedures for adopting and enforcing zoning regulations and district boundaries. Pursuant to
that authority, the city council enacts this subsection governing the receipt of written protests
submitted for the purpose of requiring the favorable vote of three-fourths of all members of
the city council to effect a change in a zoning district classification or boundary.
(2) This subsection is not intended to conflict with the state law; it is being enacted
at a time when the state law does not explicitly provide how, when, or where a written protest
'
must be filed. The city council expressly recognizes that this subsection may be partially or
completely preempted at any such time that the state law is amended to explicitly provide
how, when, or where a written protest must be filed.
(3) This subsection is intended to accomplish the following listed objectives which,
in the opinion of the city council, are fully in keeping with the purposes, spirit, and intent of
the state law:
(a) To allow city staff sufficient time to accurately calculate the land area
percentages that determines the voting requirement;
(b) To protect the rights of all parties by establishing minimum criteria to
assure the reliability of written protests received;
(c) To protect the rights of those protesting by establishing procedures and
deadlines which are not unduly burdensome or restrictive; and,
(d) To promote order and maintain the integrity of the zoning process.
b. Form ofprotest.
(1) A protest must be in writing submitted on a form prepared by the city secretary
'
and, at a minimum, contain the following information:
(a) A description of the zoning case at issue;
Ordinance No. 2978-12-10, Page 2
(3) Lots or land subject to a condominium regime are presumed to be commonly
owned in undivided interests by the owners of all condominium units and under the control of
the governing body of the condominium. For such lots or land to be included in calculating
the lots or land area protesting a proposed rezoning, the written protest must state that the
governing body of the condominium has authorized a protest in accordance with procedures
required by its bylaws, and that the person signing the protest is authorized to act on behalf of
the governing body of the condominium. A written protest signed by the owner of an
individual condominium unit shall not be accepted unless the filing party produces legal
documents governing the condominium which clearly establish the right of an individual
owner to act with respect to his or her respective undivided interest in the common elements
of the condominium.
(4) For purposes of this subsection, the "owner" of the property for which a protest is
' being submitted shall be determined to be the owner of the property shown in the records of
the Collin Central Appraisal District as of the date of delivery of the protest to the city
secretary. A person with only a leasehold or easement interest in property is not an "owner"
for purposes of filing a protest pursuant to this subsection.
Ordinance No. 2978-12-10, Page 3
(b) The printed or typewritten names of all persons signing the protest of the
'
proposed change in zoning district classification or boundary;
(c) A description of the area of lots or land owned by the protesting parties
that is either covered by the proposed change or located within 200 feet of the area
covered by the proposed change;
(d) The mailing addresses of all persons signing the protest;
(e) The date and time the protest is signed; and
(t) If signing the protest on behalf of the owner of property pursuant to a
power of attorney, so indicate on the protest and submit a copy of the power of
attorney with the protest.
(2) The protest must bear the original signatures of all persons required to sign under
paragraph c, below.
(3) The return of the notice provided to an owner pursuant to subsection 4 of this
section shall not constitute a written protest pursuant to subsection 10 of this section.
C. Who must sign.
(1) A protest must be signed by the owner of the property in question, or by a person
authorized by power of attorney to sign the protest on behalf of the owner. If the property is
owned by two or more people, the protest must be signed by a majority of the owners, or by a
'
person authorized by power of attorney to sign the protest on behalf of a majority of the
owners, except that in the case of community property, the city shall presume the written
protest of one spouse to be the protest of both.
(2) In the case of property owned by a corporation, the protest must be signed by the
president, a vice-president, or by an attorney in fact authorized to sign the protest on behalf of
the corporation. In the case of property owned by a general or limited partnership, the protest
must be signed by a general partner or by an attorney in fact authorized to sign the protest on
behalf of the partnership.
(3) Lots or land subject to a condominium regime are presumed to be commonly
owned in undivided interests by the owners of all condominium units and under the control of
the governing body of the condominium. For such lots or land to be included in calculating
the lots or land area protesting a proposed rezoning, the written protest must state that the
governing body of the condominium has authorized a protest in accordance with procedures
required by its bylaws, and that the person signing the protest is authorized to act on behalf of
the governing body of the condominium. A written protest signed by the owner of an
individual condominium unit shall not be accepted unless the filing party produces legal
documents governing the condominium which clearly establish the right of an individual
owner to act with respect to his or her respective undivided interest in the common elements
of the condominium.
(4) For purposes of this subsection, the "owner" of the property for which a protest is
' being submitted shall be determined to be the owner of the property shown in the records of
the Collin Central Appraisal District as of the date of delivery of the protest to the city
secretary. A person with only a leasehold or easement interest in property is not an "owner"
for purposes of filing a protest pursuant to this subsection.
Ordinance No. 2978-12-10, Page 3
d. Filing deadline.
(1) A written protest must be filed with the city secretary before noon of the business
day immediately preceding the date advertised for the city council public hearing in the
statutory notice published in the official newspaper of the city. A protest sent through the
mail must be received by the city secretary before the deadline.
(2) Before the public hearing on the case, the filing deadline is automatically
extended whenever the public hearing is re -advertised in the official newspaper of the city
pursuant to statutory notice requirements.
(3) After the public hearing has begun and
(a) the public hearing is concluded with no action being taken on the zoning
amendment at the same meeting and a subsequent public hearing and advertising that
public hearing in the official newspaper of the city pursuant to statutory notice
requirements; or
(b) the public hearing is continued to a date certain as otherwise allowed
under the Texas Open Meetings Act;
the filing deadline may be extended to noon of the working day immediately preceding the
newly advertised public hearing date or the date to which the public hearing is continued, as
the case may be.
' (4) Written protests may be filed electronically be emailing the written protest as
an attachment in .pdf format to the city secretary or by sending via facsimile transmission to
the published facsimile telephone number for the office of the city secretary.
(5) For purposes of determining compliance with the filing deadline, the date
and time the city secretary's office actually receives the written protest is solely
determinative.
e. Withdrawals oflerotestsfrled.
Withdrawals of protests filed must be in writing and filed with the city secretary
before the filing deadline for protests. The provisions of this subsection governing the form
and filing of protests apply equally to withdrawals.
f Presumptions of validity.
(1) In all cases where a protest has been properly signed pursuant to this subsection,
the city shall presume that the signatures appearing on the protest are authentic and that the
persons or officers whose signatures appear on the protest are either owners of the property or
authorized to sign on behalf of one or more owners as represented.
(2) In cases of multiple ownership, the city shall presume that a properly signed
protest which on its face purports to represent a majority of the property owners does in fact
' represent a majority of the property owners.
(3) The presumptions in Subparagraphs (1) and (2) above are rebuttable, and the city
attorney may advise the city council that a presumption should not be followed in a specific
case based on extrinsic evidence presented.
Ordinance No. 2978-12-10, Page 4
' g. Conflicting instruments.
In the event that multiple protests and withdrawals are filed on behalf of the same
owner, the instrument with the latest date and time of execution controls."
SECTION 2. The Allen Land Development Code, Section 4.08 "District Purpose and Supplemental
Regulations" shall be amended to read in its entirety as follows:
"Sec. 4.08. District purpose and supplemental regulations.
Sec. 4.08.1. "A-0" Agriculture -Open Space District.
1. Purpose. The "A -O" district is to be used for framing, forestry, and mining uses not
hazardous by reason of odors, dust, fumes, noise, or vibration; single-family dwellings on acreage
sites; public recreation and open spaces; and is considered the proper classification for lease areas of
undeveloped land or land newly annexed to the city and appropriate for permitted principal and
accessory uses identified Section 4.20.2 and Section 4.20.3, respectively.
2. Supplemental district regulations. In addition to other applicable use and development
regulations set forth in this Code, the following regulations shall apply to property located within an
"A -O" district:
a. All permitted general and special agricultural, farming, ranching, stock and
poultry raising, dairy, and other related uses may not cause a hazard to health by reason of
' unsanitary conditions; result in offensive conditions by reason of odors, dust, fumes, noise, or
vibration; or otherwise be detrimental to the public welfare.
b. Poultry or livestock shall be kept in accordance with the regulations contained in
the Code of Ordinances, Chapter 3, Animals and Fowl.
c. All permitted general and special forestry and mining uses and other related uses
so long as same do not result in offensive odors, dust, fumes, noise, vibration, unsightly
conditions, or despoliation, and are not otherwise detrimental to the public welfare.
d. A single-family dwelling is permitted as an accessory use on building lots of one
acre or more in area if adequately served by water wells located on the building lot.
Sec. 4.08.2. "R-1" and "R-1.5" Single -Family Residential Estate Districts.
1. Purpose. The "R -I" and "R-1.5" districts are limited to development of single-family
detached dwellings on estate lots of not less than 40,000 and 30,000 square feet respectively, and are
appropriate for permitted principal and accessory uses identified in Section 4.20.2 and Section 4.20.3,
respectively.
2. Supplemental district regulations. In addition to other applicable use and development
regulations set forth in this Code, the following regulations shall apply to property located within an
"R-1" and/or "R-1.5" districts:
' a. Alleys are not permitted.
b. Sidewalks are only required on one side of the street and may be located within a
pedestrian easement on private property.
Ordinance No. 2978-12-10, Page 5
' c. Park fees and/or dedication of parkland that would normally be assessed for
neighborhood parks may be waived; provided, however, park fees for community and
citywide parks must be paid.
See. 4.083. "R-2," "R-3," "R4," "R-5," "R-6," and "R-7" Single -Family Residential Districts.
The "R-2," "R-3," "R-4," "R-5," "R-6"" and "R-7" single-family residential districts are
limited to development and use of single-family, detached dwellings, on lots of not less than the area
specified in Section 4.15.2, , and appropriate for permitted principal and accessory uses identified in
Section 4.20.2 and Sermon 4.20.3, respectively).
Sec. 4.08.4. "2-F" Duplex Residential District.
The "2-F" duplex residential district provides a medium density dwelling classification in the
form of two-family attached or duplex dwellings and is appropriate for permitted principal and
accessory uses identified in Section 4.20.2Section 4.20.3, respectively. The "2-F" district also permits
any principal or accessory use permitted in single-family residential districts.
Sec. 4.08.5. "TH" Townhome Residential District.
1. Purpose. The "TH" townhome residential district provides a medium -density dwelling
classification in the form of attached single-family dwelling units on separate lots or as condominium
units where individual units are under separate ownership with common areas under the control of a
condominium association and is appropriate for permitted principal and accessory uses identified in
' Section 4.20.2Section 4.20.3, respectively.
2. Supplemental district regulations. In addition to other applicable use and development
regulations set forth in this Code, the following regulations shall apply to property located within a
"TH" district:
a. No more than six dwelling units shall be attached in one continuous row or group.
b. No dwelling unit shall be constructed above another dwelling unit.
c. There shall be a side yard of not less than six feet in width on each side of a
contiguous row or group of dwellings.
Sec. 4.08.6. "MIF -12" and "MIF -18" multifamily residential district.
The "MF -12" and "MF -18" multifamily residential districts provide for attached multifamily
dwellings with the number of dwelling units per acre established by Section 4.15.2and are appropriate
for permitted principal and accessory uses identified in Section 4.20.2 and Section 4.20.3,
respectively.
Sec. 4.08.7. "MIH" manufactured home park district.
1. Purpose. The "MH" manufactured home park district provides for the location of
manufactured homes within developments with necessary attendant facilities and is appropriate for
' permitted principal and accessory uses identified in Section 4.20.2 and Section 4.20.3, respectively.
2. Supplemental district regulations. In addition to other applicable use and development
regulations set forth in this Code, in the "MH" manufactured home park district, open recreation and
500 square feet of public service area is required for each of the Fust 20 units and 250 square feet of
Ordinance No. 2978-12-10, Page 6
public service area is required per unit for each additional unit. Outdoor swimming pools may be
counted toward satisfaction of the public service area requirement, but the area in the required front,
'
side and rear yards may not be so counted.
Sec. 4.08.8. "GO" garden office district.
The "GO" garden office district is intended for low-rise office uses not dependent upon retail
trade or retail traffic for their operation and is appropriate for permitted principal and accessory uses
identified in Section 4.20.2 and Section 4.20.3, respectively. The "GO" garden office district is
designed to permit the location of offices of any profession, trade, or service.
Sec. 4.08.9. "O" office district.
The "O" office district is intended for office uses not dependent upon retail trade or retail
traffic for their operation and is appropriate for permitted principal and accessory uses identified in
Section 4.20.2 and Section 4.20.3.
Sec. 4.08.10. "LR" local retail district.
1. Purpose. The "LR" local retail district is a limited retail category intended for use near
neighborhood areas for the purposes of supplying day -today retail needs of the residents, such as
food, drugs, and personal services, and is appropriate for permitted principal and accessory uses
identified in Section 4.20.2 and Section 4.20.3, respectively.
2. Supplemental district regulations. Notwithstanding conflicting use and development
regulations set forth in this Code, materials other than masonry may be considered and allowed for
'
the construction of restaurants located in the "LR" local retail district to carry out a unique theme or
architectural concept.
See. 4.08.11. "SC" shopping center district
The "SC" shopping center district provides for medium intensity concentrations of shopping,
dining and entertainment -related commercial activity that are compatible with and appropriate for
permitted principal and accessory uses identified in the Section 4.20.2 and Section 4.20.3,
respectively.
See. 4.08.12. "LC" light commercial district.
The "LC" light commercial district is designed to provide support services for residential
areas and is appropriate for permitted principal and accessory uses identified in Section 4.20.2 and
Section 4.20.3, respectively.
Sec. 4.08.13. "GB" general business district.
The "GB" general business district provides for high intensity concentrations of commercial
activities along major thoroughfares, is a transition from lighter business to industrial and
manufacturing uses, and is appropriate for permitted principal and accessory uses identified in
Section 4.20.2 and Section 4.20.3, respectively.
'
Sec. 4.08.14. "CC" corridor commercial district.
The "CC" corridor commercial district is characterized by development of high intensity
retail, office, and light industrial uses in selected locations along the U.S. 75 and S.H. 121 corridor
Ordinance No. 2978-12-10, Page 7
and is appropriate for permitted principal and accessory uses identified in Section 4.20.2 and Section
' 4.20.3 respectively.
Sec. 4.08.15. "IT" industrial technology district.
The `9T' industrial technology district is characterized by industrial parks accommodating
distribution, processing and light manufacturing in a campus type development with building sites of
four acres or more and is appropriate for permitted principal and accessory uses identified in Section
4.20.2 and Section 4.20.3, respectively.
Sec. 4.08.16. - MV and ")O" industrial districts
1. Purposes. The "Ll" and "HI" districts are intended to establish major employment centers,
provide locations for business parks and accommodate distribution, processing, and manufacturing,
and are distinguished by the intensity of use and are appropriate for permitted uses identified in the
schedules of principal uses (section 4.20.2) and the schedule of accessory uses (section 4.20.3).
2. Supplemental district regulations. In addition to other applicable use and development
regulations set forth in this Code, the following regulations shall apply to property located within an
"Lr' or "HI" district:
a. Areas designated on the official zoning map as "LI(C)" shall be subject to the
regulations of the "Lf district, with the exception that mini -warehouses are not allowed.
b. "Hl" heavy industrial district uses shall not be located adjacent to any "R" district.
' c. Wrecking yards and junkyards shall be wholly enclosed within a building or by a
fence or wall not less than eight feet in height.
U
d. All outdoor storage areas shall be screened from view of public streets by a fence
or wall constructed in compliance with the standards set forth in Section 7.07.4, and shrubs,
trees or other landscaping."
SECTION 3. The Allen Land Development Code, Section 4.20.2 "Schedule of Principal Uses" shall be
amended as follows:
A. Delete in thew entirety the use "ResmumnUPrivate Club."
B. Add "Oil and Gas Wells" as a Type of Use and designate the zoning districts where such use
may be permitted as a matter of right, permitted by specific use permit, and prohibited as follows:
C. Add "Service Contractor" as a Type of Use and designate the zoning districts where such use
may be permitted as a matter of right, permitted by specific use permit, and prohibited as follows:
RESNIENTKL USES
TYPE OF USE
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C. Add "Service Contractor" as a Type of Use and designate the zoning districts where such use
may be permitted as a matter of right, permitted by specific use permit, and prohibited as follows:
Ordinance No. 2978-12-10, Page 8
RE8[IENM USES
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Ordinance No. 2978-12-10, Page 8
' D. For the Types of Uses shown in the excerpt of the Schedule of Principal Uses, below, amend
to read as follows the zoning districts where such uses may be permitted as a matter of right,
permitted by specific use permit, or prohibited:
SECTION 4. The Allen Land Development Code, Section 4.20.3 `Schedule of Accessory Uses" shall be
amended as follows:
A. Add "Wind Energy System, Medium" and "Wind Energy System, Small" as a Type of Use
and designate the zoning districts where such uses may be permitted as a matter of right, permitted by
specific use permit, and prohibited as follows:
B. Rename the use "Open Storage" to read "Outdoor Storage" as a Type of Use and amend the
' zoning districts where such use may be permitted as a matter of right, permitted by specific use
permit, and prohibited to be as follows:
TYPEOFUSE
C. Add "Outdoor Display" as a Type of Use and designate the zoning districts where such use
may be permitted as a matter of right, permitted by specific use permit, and prohibited as follows:
RESIDENTIAL USES
USES
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NONAESIDENTIAL DISTRICTS
NON-RESIDENTIAL DISTRICTS
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B. Rename the use "Open Storage" to read "Outdoor Storage" as a Type of Use and amend the
' zoning districts where such use may be permitted as a matter of right, permitted by specific use
permit, and prohibited to be as follows:
TYPEOFUSE
C. Add "Outdoor Display" as a Type of Use and designate the zoning districts where such use
may be permitted as a matter of right, permitted by specific use permit, and prohibited as follows:
D. Amend the designated the zoning districts where the Type of Use titled "Car Wash" may be
permitted as a matter of right, permitted by specific use permit, and prohibited as follows:
RESIDENTIAL -FFUSES
RESIDENTIAL
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TYPE OF USE
NON-RESIDENTIAL DISTRICTS
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D. Amend the designated the zoning districts where the Type of Use titled "Car Wash" may be
permitted as a matter of right, permitted by specific use permit, and prohibited as follows:
RESIDENTIAL -FFUSES
TYPE OF USE
NONAESIDENTIAL DISTRICTS
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SECTIONS. The Allen Land Development Code, Section 6.01 "Specific Use Permits" shall be amended as
' follows:
A. Paragraph 1 of Section 6.01.3 "Approval Process and Procedure for Specific Use Permits"
shall be amended to read in its entirety as follows:
Ordinance No. 2978-12-10, Page 9
" 1. Application shall be accompanied by a site plan meeting the requirements of
' Section 6.05 and a complete sign plan. The city shall make available application forms
specifying drawing requirements. The director, commission or city council may require
additional information or drawings (such as building floor plans), operating data and expert
evaluation or testimony concerning the location, function and characteristics of any building
or use proposed."
B. Section 6.01.4 "Specific Use Permit Requirements" shall be amended to read in its entirety as
follows:
"Sec. 6.01.4. - Specific use permit requirements
1. In recommending and/or granting a specific use permit, the commission and city
council may impose special conditions. Any special conditions shall be set forth in writing
and made a part of the ordinance granting the specific use permit. Unless otherwise set forth
in the ordinance, the applicant, owner, or grantee must comply with the special conditions
before a certificate of occupancy may be issued for the use described in the specific use
permit. Time limits for the satisfaction of special conditions contained in a specific use permit
may be imposed m a condition of granting a specific use permit. The expiration of time limits
without the satisfaction of the special conditions shall be a violation of this Code. .
2. No specific use permit shall be granted unless the applicant, owner and grantee of
the specific use permit shall be willing to accept and agree to be bound by and comply with
the requirements of the specific use permit. Such requirements shall be set forth in the
ordinance granting the specific use permit, including, but not limited to, attached site plan
' drawing(s), and other depictions of design and use elements.
3. A building permit shall be obtained from the City not later than six months atter
the effective date of the ordinance granting the specific use permit if new construction is
required to comply with the specific use permit, provided, however, the director may
authorize an extension not to exceed twelve months. A specific use permit shall expire if a
required building permit has not been issued within the time required by this section, or if a
building permit has been issued but has subsequently expired. If a building permit is not
required, the specific use permit shall expire six months atter the effective date of the
ordinance granting the specific use permit if a certificate of occupancy is not obtained.
4. No building, premises, or land use which is subject to a specific use permit may
be enlarged, modified, structurally altered, or otherwise significantly changed unless an
amended specific use permit is granted for such enlargement, modification, structural
alteration, or change. Minor changes or alterations may be approved by the director, which do
not alter the basic relationship of the proposed development to adjacent property, the uses
permitted, increase the density, building height, coverage of site, off-street parking ratio, or
area regulations provided such changes are not contrary to the approved conditions.
5. If a specific use permit is granted for an accessory use for property in association
with an otherwise permitted use for which a specific use permit is not required, an amended
specific use permit for the accessory is not required prior to the issuance of a building permit
for the enlargement, modification, or alteration of the building to be used for the permitted
' use as long as the conditions pursuant to which the specific use permit for the accessory use
was granted, including any associated site and other design plans, are not altered by such
enlargement, modification or alteration.
Ordinance No. 2978-12-10, Page 10
6. If for a period in excess of 180 days (i) a building or property subject to a specific
' use permit is vacated, or (ii) a building or property, though still occupied, is not being used
for the purpose for which the specific use permit was granted, the specific use permit shall
terminate and the use of the building or property described in the specific use permit shall
thereafter conform to the regulations of the original zoning district of such property unless a
new and separate specific use permit is granted for continuation of the use for which the
original specific use permit was granted.
7. The board of adjustment shall not have jurisdiction to hear, review, reverse, or
modify any decision, determination, or ruling with respect to the granting, extension,
revocation, modification or any other action taken relating to such specific use permit.
S. When the city council grants a specific use permit, the zoning map shall be
amended to indicate that the affected area has conditional and limited uses.
C. Section 6.01.5 "Specific Permitted Uses" is repealed.
SECTION 6. The Allen Land Development Code, Section 6.02.1 "Purpose of Conditional Specific Use
Permits" shall be retitled "Purpose of Specific Use Permits (Conditional) and amended to read in its entirety
as follows:
"Section 6.02.1. Purpose of specific use permits (conditional).
A Specific Use Permit (Conditional) allows uses compatible with other permitted uses which meet the
criteria established by the city including Private Clubs, Firearms Sales and Service, uses requiring a
' Specific Use Permit located on leased premises, and those principal uses indicated by "C" in Section
4.20.2."
SECTION 7. The Allen Land Development Code Section 6.03 "Private Clubs and Restaurant/Private
Clubs" shall be retitled ""Private Clubs and Businesses with Alcoholic Beverage Sales" amended as follows:
A. Section 6.03.1 "Geographic Locations" shall be retitled "Private Clubs — Location, Term,
Renewal, and Termination"
"Section 6.03.1. Private club - location, term, renewal, and termination.
1. 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 three hundred (300) feet or more from any single family residentially zoned district,
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.
2. A Specific Use Permit (Conditional) for Private Clubs shall be approved with a
term effective for two (2) years from the date of approval by the city council, and shall be
extended and terminated as set forth in this section.
3. A Specific Use Permit (Conditional) for Private Clubs shall be renewed for
additional two year terms or terminated in accordance with the following procedure:
' a. The then current owner of the property or business which is subject to the
permit shall submit to the planning and development department an application for a
renewal of the permit not later than sixty (60) days prior to the expiration of the then
current term, which application shall contain such information as may be required by
Ordinance No. 2978-12-10, Page 11
the director. As part of the application for renewal, the property owner shall certify
' under oath that the use of the property has been at all times during the tens of the
permit in compliance with the provisions of the permit.
b. Upon a finding of the director that the use of the property has been and
remains in compliance with the provisions of the permit originally issued or as
subsequently amended, and all codes and ordinances of the city, the term of the
permit shall be extended for an additional two-year term from the date of termination
of the prior teen.
c. Not later than ten (10) working days after making a finding that the use of
the property has not been or is not in compliance with the provisions of the permit or
applicable codes and ordinances, the director shall send written notice to the
applicant that the permit will not be extended beyond the then current term. Said
notification shall contain a summary of the findings by the director citing what
provisions of the permit or codes or ordinances of the city have been violated. The
owner of the property shall have ten (10) calendar days from receipt of the director's
notice to file a written appeal with the city council with a summary of the property
owner's basis for appeal. The appeal shall be heard at the next available regular city
council meeting. The specific use permit shall remain in full force and effect pending
the decision of the city council
d. The appeal to the city council shall be conducted in accordance with
the procedures adopted by the city council. The decision of the city council shall be
final.
' 4. A Specific Use Permit (Conditional) for Private Club shall terminate prior to the
expiration of the then current tern upon a finding by the director that the property for which
the permit was issued has not been used for the purpose for which the permit was issued for a
period of more than ninety (90) consecutive days. The director shall within ten (10) days of
said finding send written notice of termination pursuant to this section to the owner of the
property. Whether or not a use of property w a Private Club has been discontinued shall be
determined in the same manner as for discontinuance of a non -conforming use pursuant to
Section 4.05."
B. Section 6.03.2 "Operational Regulations for Private Clubs and Restaurant/Private Clubs"
shall be retitled "Private Clubs: Operational Regulations" and amended to read as follows:
`Section 6.03.2. Private Clubs - Operational regulations.
1. A Private Club may provide inside service only with no drive-in, curb service,
drive-through service, or outdoor service, of any kind.
2. Serving bars in Private Clubs shall not be visible from the closest street right-of-
way.
3. Any club or lounge room shall be designed such that patrons can only enter from
an area within the primary use; i.e., lobby, waiting area, dining room, etc. Emergency exits
' direct to the outside are permitted.
4. There shall be no exterior signs or window signs advertising the sale of alcoholic
beverages, provided this does not prohibit using established trademark.
Ordinance No. 2978-12-50, Page 12
5. The operator shall maintain a valid state license for the sale of alcoholic
' beverages."
C. Section 6.03.3 "Site Plan and Interior Design for Private Clubs and Restaurant/Private Clubs"
shall be retitled "Private Clubs: Site Plan and Interior Design" and amended to read as follows:
"Section 6.03.3. Private Clubs - Site plan and interior design.
1. A Site Plan shall accompany all applications for Private Clubs.
2. A Private Club shall submit a floor plan including location of all waiting areas
reflecting the kitchen, storage and serving areas for all food and alcoholic beverages, and
dance floor.
3. The City may impose additional conditions to protect the health, safety, and
general welfare of the community."
D. Section 6.03.4 "Food/Beverage Ratio Applicable to Restaurant/Private Clubs" shall be
retitled "Private Clubs: Food/Beverage Ratio" and amended to read as follows:
'Section 6.03.4. Private Clubs - Food/Beverage Ratio.
1. Revenues from the sale of alcoholic beverages in a Private Club shall not exceed
seventy-five percent (75%) of the gross revenues derived from the sale of food and
beverages.
' 2. Hotels and motels: the gross receipt shall include all restaurant and club
operations in the facility, as well as room rental charges.
3. Upon written request, the City shall be provided with copies of appropriate reports
submitted to state agencies within thirty (30) days of the end of each quarter. Also, any other
information that may be required by the City to determine the alcoholic beverage/food ratio
shall be submitted within thirty (30) days of the end of each quarter.
4. The City may audit the average of combined sales as reflected on these reports for
the last two quarters to determine if the sale of alcohol exceeds the maximum allowed
percentage specified for an average of two consecutive quarters. The Private Club shall have
two more consecutive quarters to bring the average ratio into compliance with City
ordinances. If at the end of two additional quarters, the ratio is still not in compliance with
City ordinance, the Council, after notification and hearing, may revoke the Specific Use
Permit"
E. Paragraph 2 of Section 6.03.5 "Restaurants with Food and Beverage Certificates —
Geographic Locations" shall be amended to read as follows:
"2. Restaurants are permitted by right as indicated in Section 4.20.2."
F. Section 6.03.6 "Permit Process for Restaurants with Food and Beverage Certificates" shall be
' retitled "Restaurants with Food and Beverage Certificates — Permit Process."
G. Section 6.03.7 "Hours of Operation for Private Clubs and Restaurant/Private Clubs" shall be
retitled "Hours of Operation".
Ordinance No. 2978-12-10, Page 13
H. Section 6.03.8 `Beer and Wine Package Sales Regulations" shall be amended to read in its
' entirety as follows:
"Section 6.03.8 Beer and Wine Package Sales - Regulations
Establishments conducting beer and wine package sales shall be subject to the following
1. Permitted by right as indicated in the Section 4.20.2 if the property was within the
City Limits as of May 15, 2004 or annexed before November 15, 2006.
2. A Specific Use Permit (Conditional) is required for any establishment that
derives more than 50^/0 of its revenues from the sale of beer and/or wine and is permitted as
indicated Section 4.20.2.
3. Beer and Wine Package Sales may provide inside service only with no drive-in,
curb service, drive-through service, or outdoor service, of any kind.
4. The following distance separation criteria are effective for beer and wine package
sales establishments:
a. Cannot locate closer than 300 feet to a church or hospital. The
measurement of the distance between the place of business where alcoholic
beverages are sold and the church or public hospital shall be along the property lines
of the street fronts and from front door to front door, and in direct line across
intersections.
' b. Cannot locate closer than 300 feet to a school (public or private). The
measurement of the distance between the place of business where alcoholic
beverages are sold and the public or private school shall be:
i. in a direct line from the property line of the public or private
school to the property line of the place of business and in a direct line across
intersections; or
ii. if the permit or license holder is located on or above the fifth
story of a multistory building, in a direct line from the property line of the
public or private school to the property line of the place of business, in a
direct line across intersections, and vertically up the building at the property
line to the base of the floor on which the permit or license holder is located.
5. Upon written request, the City shall be provided with copies of appropriate reports
submitted to state agencies not later than thirty (30) days after the end of each quarter for
which the report relates as well as, any other information that may be required by the City to
determine compliance with any required alcoholic beverage/food ratio.
6. The City may audit the average of combined sales as reflected on the reports
submitted pursuant to Paragraph 5, above, for the most recent two quarters to determine if the
sale of alcoholic beverages exceeds the maximum allowed percentage specified in the
' Specific Use Permit (Conditional) or this section for the review period. If the ratio of
alcoholic beverage sales to food sales exceeds the maximum allowed, the business shall have
the next two consecutive quarters following the review period to bring the average ratio into
compliance with City ordinances. If at the end of two next quarters, the ratio is still not in
Ordinance No. 2978-12-10. Page 14
compliance with City ordinances, the Council, after notification and hearing, may revoke the
' Specific Use Permit (Conditional)."
1. Section 6.03. 10 "Firearms and Explosives Sales and Service" is repealed.
SECTION 8. The Allen Land Development Code Section 6.05.4 "Site Plan Review Standards" shall be
amended by adding a new Paragraph 5 which shall read as follows:
"5. The Director may revoke an approved site plan
a. For failure to comply with or complete all conditions of approval or improvements
indicated on the approved development plans.
b. If the construction of a building or creation of a use is found to be in
nonconformance with the approved Site Plan.
c. For failure to comply with my of the applicable requirements of this code or any
other applicable City ordinance.
d. Upon discovery that any required site plan element has been misrepresented or is
otherwise substantially different than actual physical conditions (e.g. distances between two
points, locations of property lines or other significant landmarks, area calculations, etc.)."
SECTION 9. The Allen Land Development Code Article VI "Special Zoning Provisions" is amended by
adding a new Section 6.06 "Supplemental Use Regulations," Section 6.06.1 "Firearms and Explosives Sales
' and Service," Section 6.06.2 "Fueling Stations," Section 6.06.3 "Hotels," Section 6.06.4 "Laboratories,"
Section 6.06.5 "Mini-Warehouses/Public Storage," Section 6.06.6 "Oil and Gas Wells," Section 6.06.7
"Motorcycle Sales," Section 6.06.8 "Outdoor Storage and Display," Sermon 6.06.9 "Tattoo Studio," Section
6.06. 10 "Wind Energy Systems" to read as follows:
"Sec. 6.06. Supplemental use regulations
In addition to the use and development regulations set forth in this Code, the use and development
regulations set forth in Sections 6.06.1 through 6.06. 10 shall apply for the uses described therein. In
the event of a conflict between other provisions of this Code and those in Sections 6.06.1 through
Sections 6.06.10, provisions of Sections 6.06.1 through Section 6.06.10, shall be controlling. The use
and development regulations sat forth in Sections 6.06.1 through Sections 6.06.10 shall apply
regardless of whether the uses described are permitted by right or by specific use permit as principal
or accessory uses as indicated in Section 4.20.2 and Section 4.20.3.
Sec. 6.06.1. Firearms and explosives sales and service.
Uses constituting Firearms Sales and Service shall be permitted in accordance with Section
4.20.2 and as a home occupation in accordance with section 4.10 and shall be subject to the following
additional development and use regulations:
a. Uses constituting Firearms Sales and Service are prohibited under all
circumstances within 1,000 feet of the property line of any school.
' b. The storage of flammable or explosive materials is subject to the approval of the
fire marshal.
Ordinance No. 2978-12-10, Page 15
c. The manufacture or assembly of ammunition or explosives for sale or commercial
' purposes is prohibited in all areas within the City.
Sec. 6.06.2. Fueling stations
Fueling stations, whether developed as a principal or accessory use, shall be subject to the
following additional development and use regulations:
a. Gasoline pump islands may not be located nearer than eighteen (I8) feet to the
street right -of- way or to any adjacent property line.
b. Underground fuel tanks may not be located under designated fire lanes.
c. A fuel truck maneuvering schematic must be submitted and approved prior to
issuance of a building permit.
Sec. 6.06.3. Hotels
Hotels shall be subject to the following additional use and development regulations:
a. Building Design.
i. Accessibility. A guest room shall be accessible only from an internal
hallway while is accessible primarily from a central lobby area contained within the
hotel.
' ii. Exterior Walls. Exterior walls, regardless of the number of stories
(excluding doors, windows and window units) shall be composed of:
a) at least seventy-five percent (75%) primary masonry materials
such as brick, stone, hand -laid the (laid unit -by -unit), or veneer of such
materials having the appearance of hand -laid units;
b) not more than twenty-five percent (25%) secondary masonry,
materials that is exterior insulation and finish systems composed of natural
aggregates and synthetic binders having a minimum applied thickness of 0.75
inches, exposed aggregate, glass block or decorative concrete masonry units
other than flat -gray block; and
c) not more than ten percent (10%) non -masonry materials.
b. Site Facilities.
I. Number of Rooms. A full-service hotels and suite hotels shall have at least
100 guest rooms.
ii. Meeting Rooms. A full-service hotel shall have at least 4,000 square feet
of meeting room space. A limited -service hotel shall have meeting rooms of at least
' 700 square feet in area. Meeting rooms shall be equipped with a sink and a coffee
bar.
iii. Swimming Pools. All hotels shall have a swimming pool of at least 800
square feet of surface area.
Ordinance No. 2978-12-10, Page 16
' iv. Restaurants and Food Service. A full-service hotel shall have full food
and beverage service. Suite and limited -service hotels shall have either full or limited
food and beverage service.
a) For purposes of this section, the phrase "full food and beverage
service": shall mean providing three meals per day in an on-site restaurant
with table service provided primarily by waitpersons, seating for at least
thirty customers, and full menu service offering multiple entrees with on-site
food and beverage preparation.
b) For purposes of this section, the phrase `limited food and
beverage service: shall mean providing food and beverage service for fewer
than three meals per day.
c. Parking and Circulation. The following requirements apply to all Hotels:
i. In addition to required parking for any additional component of the hotel
such as meeting rooms and restaurants, parking shall be provided at the ratio of 1.25
parking spaces per guest room for full service hotels and 1.0 space per guest room for
limited service and suite hotels.
ii. An attached, covered, drive-through area adjacent to the hotel lobby or
main desk shall be provided for the temporary parking of vehicles during guest
registration or check-out.
iii. All parking areas shall be illuminated by lighting standards having a
minimum illumination intensity of 2.0 foot-candles measured at ground level.
d. Screening. In addition to any other screening and landscaping requirements
imposed by the Code of Ordinances and/or this Code, all hotels shall provide screening of
ground -mounted dish antennas, satellite earth stations, parabolic or spherical antennas, and
any other device or assemblage of devices designed to transmit and/or receive signals to or
from orbiting satellites, HVAC (other than HVAC equipment serving an individual unit),
mechanical equipment and auxiliary power equipment by means of a masonry screening wall
or a wrought -iron (tubular steel) fence with a living screen, either of which shall be of
sufficient height to block visibility of the equipment from view from the street.
e. Site Access. Primary access to the site shall be from freeway access roads, major
arterials, or internal service roads serving commercial development. Secondary access shall
be from streets classified as major collectors, arterials, freeway access roads, or internal
service roads serving commercial development."
Sec. 6.06.4. Laboratories
Laboratories, regardless of Bio -safety level classification, shall comply with the following
additional use and development regulations:
' a. An emergency management and contingency plan shall be required and
maintained on file with the City.
b. Detailed information concerning materials handling and waste disposal shall be
required.
Ordinance No. 2978-12-10. Page 17
Sec. 6.06.5. Mini-warehouses/public storage
Uses classified as mini -warehouse or public self -storage shall be used and developed in
accordance with the following additional use and development regulations:
a. An on-site caretaker office and residence is required.
b. Detailed design schematics are required.
c. Mini -warehouses shall be one story, except for the portion constituting the on-site
caretaker residence, which shall be limited to two stories.
d. No roof -mounted mechanical equipment shall be permitted on the facility.
e. The doors of individual storage units shall not be visible from any street.
f No truck or vehicle rental or storage is permitted to be conducted from the facility.
g. No outdoor storage of any kind is permitted.
h. Exterior walls of the facilities may serve as screening walls, provided the exterior
wall is set back not less than twenty-five (25) feet from any residential zoned district or
public street, and not less than ten (10) feet on any other side. The area within the setback
must be landscaped in a manner approved by the director, and shall include as a minimum
' trees placed on 25 -foot centers. The landscaped area shall be maintained by the property
owner so that all landscape plants and groundcover a maintained in a healthy growing
condition.
i. Exterior walls shall have no penetrations and shall receive exterior architectural
detailing.
j. The facility owner shall prohibit the storage within the facility of odorous,
hazardous or toxic materials.
k. The conduct of sales, business, or any activity other than storage within any
individual storage unit is prohibited.
Sec. 6.06.6. Oil and gas wells
The drilling, development, maintenance, and abandonment of oil and gas wells within the city
shall meet the requirements of Chapter 6, Article VII of the Code of Ordinances in addition to the
provisions of this Code.
Sec. 6.06.7. Motorcycle sales
Business engaged in the sale of motorcycles shall comply with the following additional use
and development regulations:
' a. The sale of parts and accessories are permitted, provided no installation or repair
of parts and accessories is allowed in LR -Local Retail districts or SC -Shopping Center
districts.
Ordinance No. 2978-12-10. Page 18
b. Test driving of new or used motorcycles shall not be permitted on any premises
' within 100 feet of any "R" residential district.
Sec. 6.06.8. Outdoor storage and display.
Outdoor display and outdoor storage, where allowed in association with a principal or
accessory use in accordance with section 4.20.2 or section 4.20.3, respectively, shall be subject to the
following additional use and development regulations:
a. Outdoor Duplay. Outdoor display shall only be permitted as follows:
i. Outdoor display shall not be located within any required front or side yard
and must be located a minimum of twenty (20) feet from any street or alley right-of-
way line.
ii. Outdoor display may not cover more than thirty (30) percent of a front
yard (not including required yards) and may not be located on the roof of any
structure.
iii. Outdoor display and any associated display structures (e.g. tables, display
cases, trailers, etc.) shall not be located within any required parking space, loading
area, fire lane, vehicle maneuvering aisle, or customer pick-up lane.
iv. Displayed items and their associated display structures shall not obstruct
visibility or interfere with pedestrian or vehicle circulation.
' v. Detailed drawings of proposed Outdoor Display areas must be submitted
to the director or designee for review and approval prior to setting items out for
display.
vi. Outdoor vending machines and unattended vending machines/facilities
are prohibited.
vii. Attended and unattended donation boxes, structures, and sites shall be
allowed only as an accessory use to a permitted use on the property and shall meet
the following requirements:
a) A permit must be obtained from the City prior to placing the
donation box on the property;
b) Donation boxes must be operated by a nonprofit charitable
organization that has obtained a determination letter pursuant to 26 U.S.C.
§501(c) (3);
c) Donation boxes shall not be allowed in any residential zoning
district;
d) No more than one donation box is allowed per lot;
' e) A "no dumping" sign and the name, mailing address, and phone
number of the party responsible for collection from the box must be posted in
a conspicuous location on the box;
Ordinance No. 2978-12-10, Page 19
f) Donation boxes must be maintained in good condition and
' appearance with no structural damage and shall be kept free of graffiti;
g) Donation boxes may not be used as either an on -premise or off -
premise sign; provided, however, the box may contain on its exterior the
name, trademark or other logo, and contact information for the organization
receiving the donation of items being placed in the box; and
h) The operator and property owner shall maintain or cause to be
maintained the area surrounding the unattended donation box (es) free of any
junk, debris or other material and shall be responsible to the extent provided
by law for the cost to abate any violation. Any junk, debris or material must
be removed not later than twenty-four (24) hours after delivery of notice by
the City.
b. Outdoor Storage. Outdoor Storage shall only be permitted as follows:
i. Outdoor Storage shall not be located within any required front yard.
ii. Outdoor Storage shall be screened from all streets, alleys, right-of-ways
and adjacent properties in accordance with Section 7.07.4.
iii. Detailed drawings of proposed screening for Outdoor Storage areas must
be submitted to the director or designee for review and approved prior to setting
items out for storage.
Sec. 6.06.9. Tattoo studio
Tattoo studio shall not be located within 1,000 feet of any church, residentially -zoned district,
or public or private school. In order to determine compliance with this section, the distance between
the tattoo studio and the church, residential district, or school shall be measured from the front door of
the premises to be permitted to the closest property line and then in a straight line to the nearest
property line of the church, school or residential property.
6.06.10. Wind energy systems
An applicant's submittal for a Building Permit, Electrical Permit, and Specific Use Permit for
location and installation of a wind energy system within the city must demonstrate compliance with
the following use and development regulations, in addition to the Specific Use Permit review
standards under Section 6.01:
a. Location requirements
i. Minimum Lot Size. Minimum lot size for all districts is 1.5 acres.
ii. Lot to System Ratio. Maximum of one system per 1.5 acres.
iii. Maximum Height. Maximum height for all freestanding systems is 90
' feet. The height of a freestanding wind energy system must be measured as the
distance from the existing grade, prior to any modifications to the grade, to the
highest point on the system, including the vertical length of any extensions such as
the rotor blade. Attached systems shall not extend more than 15 feet above the
roofline and shall not exceed 90 feet in total height, dependent upon the results of the
Ordinance No. 2978-12-10, Page 20
structural engineering plans, performed by a Texas registered professional engineer,
' for the building or structure on which the system will be mounted. The height of any
wind energy system may not exceed the manufacturer's recommendations for the
system.
iv. Yards. No wind energy system may be located in any required front
yard, between a principle building and a required front yard, in front of the front
building line of the principal building, or between the principal building and any
public street.
v. Fall radius. Each wind energy system must be set back a minimum
distance of 110% of the total system height from any property line, right-of-way, or
public or private easement where above ground structures or utility lines exist, or are
likely to exist, without proof of the lawful consent of the easement owners.
vi. Vertical ground clearance. The blade tip of any wind energy system
most, at its lowest point have a ground clearance of no less than 25 feet, as measured
at the lowest point of the arc of the blades.
b. Requirements
i. Certification. All wind energy systems must be approved under an
Emerging Technology program, such as the California Energy Commission, IEC, or
any other small wind certification program recognized by the American Wind Energy
Association (A WEA) or the U.S. Department of Energy.
' ii. Survival wind speed All wind energy systems and associated
components, including, but not limited to, generator, rotor blades, or other
components and covers, must be constructed of materials and be installed to meet or
exceed the minimum wind resistant construction standards of the Texas Department
of Insurance Wind Load Factors for the North Texas area and Article III of this code.
iii. Controls and brakes. All wind energy systems must have automatic and
manual braking systems which engage at the maximum wind speeds allowable as
designated for the type of wind energy system installed to prevent uncontrolled
rotation and excessive pressure on the tower structure, rotor blades, and turbine
components.
iv. Maintenance. The owner and operator of a wind energy system must
maintain the system to manufacturer standards. All required periodic maintenance
must be performed as recommended by the manufacturer.
v. Appearance. All wind energy systems must maintain a non -reflective,
white or off-white finish.
vi. Signs.
a) Advertising. Advertising or identification of any kind on wind
' energy conversion systems is prohibited.
b) Informational sign. Each wind energy system must have a sign,
not to exceed two square feet in area, posted at the base of the tower
providing the following information:
Ordinance No. 2978-12-10, Page 21
' 1) Electrical shock hazard or high voltage warning;
2) Manufacmrees name;
3) Emergency phone number; and
4) Emergency shutdown procedures.
v. Wiring.
a) Storage. All electrical wires and cables associated with a
freestanding wind energy conversion system must be located on or within the
tower in a manner that minimizes their visibility, and must be installed in
compliance with Article III of this code.
b) Installation. All transmission wires and cables must be installed
underground and comply with Article RI of this code.
vi. Lighting. Wind energy systems may not be artificially lighted, unless
requested or required by the Federal Aviation Administration.
c. Prohibition, nuisance abatement and decommissioning
i. Prohibited models. The following wind energy systems are prohibited in
' all zoning districts;
a) Guyed or latticed towers for small, medium, or large wind energy
systems;
b) Experimental, homebuilt, and prototype models.
ii. Shadow flicker. Plans submitted for review with the building permit
application must disclose how the property owner and operator shall minimize
shadow flicker to any occupied building on or offsite, by limiting flicker effect to a
maximum of two (2) five-minute periods in one day.
iii. Signal interference. The manufacturer or wind energy system
representative must take into consideration the proposed location of the wind energy
system and certify that the siting of the wind energy system will not interfere with
any existing microwave communications links or existing fixed broadcast,
retransmission, or reception antenna for radio, television, wireless phone, or other
personal communication systems. Operation of wind energy systems must be
discontinued if such interference occurs after the construction, until such time as the
interference is mitigated for or eliminated.
iv. Sound emissions.
' a) Residential sound limits. The sound levels emitted from any wind
energy system operation within, or adjacent to, any zoning district that
authorizes residential use, may not exceed the noise standards in Section
7.08.4.a;
Ordinance No. 2978-12-10, Page 22
Ordinance No. 2978-12-10, Page 23
b) Non-residential sound limits. The sound levels emitted from any
wind energy system operation that is not located within, or adjacent to, any
'
zoning district that authorizes residential use may not exceed the noise
standards in Section 7.08.4.a by more than 10 dbA;
c) Sound level complaints. It shall be unlawful for the owner of a
wind energy system to cause or permit the system to produce sounds that:
1) exceed the limits set above in subsections c.iv.a), or b);
2) are considered tonal, vibrational, mechanical,
aerodynamic, frequent, or continuous and exceed the limits set above
in subsections c.iv.a) or b);
3) interfere with the peaceful enjoyment of an adjacent
property owner;
v. Security.
a) Ground clearance. The bottom of the tower, measured from
ground level to IS feet above ground level, must be designed in a manner to
discourage unauthorized climbing.
b) Access. All access doors to wind turbine towers and electrical
equipment must be lockable and remain locked at all times except while
people are on the site of the tower performing maintenance or repair of the
'
system.
c) Fencing. Fencing of turbine areas may be required, at the
discretion of the director, based upon site-specific safety concerns.
vi. Public safety. The proposed wind energy system must be designed and
operated to protect public safety by measures that may include, but are not limited to,
the following:
a) The proposed wind energy system must be designed, constructed,
and operated so the public cannot come within close proximity to turbine
blades and electrical equipment; and
b) The proposed wind energy system must be designed, sited,
constructed, operated, and maintained to prevent the structural failure of the
system or blades that could endanger the public's safety.
vii. Other properties. The wind energy system or facility may not adversely
affect the uses of adjoining and adjacent properties.
viii. Wildlife resources. The proposed wind energy system must be designed
to reduce the likelihood of significant adverse effects on wildlife and wildlife habitat,
'
particularly with regard to migratory binds and protected species.
ix. Enforcement.
Ordinance No. 2978-12-10, Page 23
a) Safety. Any wind energy system found to be unsafe by the City
' Building Official must be repaired by the owner not later than sixty (60) days
of receipt of the Building Official's notice to meet Federal, State, Local and
manufacturer safety standards, and the standards of this section.
b) Notice. If any wind energy system is not operated for at least a
continuous period of six (6) months because of operational difficulties or
abandonment, the landowner shall provide the City the reasons for the
operational difficulty or abandonment and provide a reasonable timetable for
corrective action, or removal of the wind energy system as outlined under
subsection c.x, below, regarding decommissioning..
c) Resolution. If the director or designee deems the timetable for
corrective action as unreasonable, the director or designee, may notify the
landowner or operator, who shall remove the wind energy system not later
than six (6) months of receipt of notice from the director.
x. Decommissioning.
a) Useful life. The wind energy system is presumed to be at the end
of its useful life if no electricity is generated for a continuous period of six
(6) months.
b) Responsibility. The property owner or operator shall, at their sole
expense, complete decommissioning of the wind energy system not later than
' six (6) months from the time it is determined that the wind energy system has
met the end of its useful life as outlined in this subsection c.x.
c) Required action. Decommissioning must include removal of the
entire wind energy system, including buildings, cabling, electrical
components, and any other associated facilities.
d) Remediation. Disturbed earth must be graded and re -seeded.
e) Bonds. At the City's request, the applicant shall post a bond for
the costs of decommissioning the wind energy system at the end of its useful
life.
it. Application Requirements
i. Applications. An application for approval of a wind energy system must
include text and maps sufficient to show that the proposed wind energy system
complies with the standards under this section. A site plan meeting the requirements
of Section 6.05 must be submitted in addition to the following:
a) The approximate generating capacity of the wind energy system.
b) An estimate of the total on-site electrical demands.
' c) The time of the manufacturer and model being used.
d) The height of the wind turbine to be constructed.
Ordinance No. 2978-12-10, Page 24
e) The phone number and time of a responsible person for the
Ordinance No. 2975-12-10, Page 25
public to contact with inquiries and complaints throughout the life of the
'
project.
I) The exact location and orientation of each wind energy system
within the site and the direction of the prevailing winds.
g) The location and distance to neighboring residences, buildings,
schools, churches, hospitals, or libraries to a distance of 500 feet.
h) Certified and sealed engineered drawings of the proposed system
prepared by a professional engineer registered in the State of Texas are
required, and must include the following information:
1) Design specifications of the wind energy system,
including the tower, base, footings, and system components;
2) An engineering analysis and certification of each tower,
showing compliance with Article III of this Code;
3) Drawings that indicate the total finished wind energy
system heights from the grade level prior to any modifications,
including any engineered break points along the tower;
4) The wind survival speed of the entire system, including
'
turbine, rotor blades, covers, and other components;
5) Data pertaining to the tower's safety and stability,
including any safety results from test facilities; and
6) A copy of the manufacturer's installation instructions.
7) For building or structurally -mounted systems:
(i) The certified and sealed engineering plans
prepared by a professional engineer registered in the State of
Texas must show how the wind energy system will be
installed for the portions of the structure proposed for use in
the mounting the system.
(ii) The engineering plans must state and show that
the proposed wind energy system is compatible with the
portions of the mounting structure proposed for use.
(iii) The engineering plans must state that the wind
energy system does not impose a safety hazard to the main
structure, adjacent property, or their occupants.
'
ii. Written statements and additional documentation. In addition to the site plan,
applications for all wind energy systems must include proof of the following in the form of
written statements:
Ordinance No. 2975-12-10, Page 25
1) A statement verifying that the small, medium, or large wind energy
conversion system will be used solely for on-site consumption of electricity, and any
additional energy produced above the total onsite demand can only be sold to an
electrical utility that normally provides electrical power to the property;
2) A statement from any architectural review board, property owners', or
homeowners' association that the proposed system complies with association
requirements and restrictions if applicable;
3) A statement that the project site is, or is not, where air traffic may be a
consideration affecting the installation of the system. (The applicant shall provide
evidence of compliance with any applicable aviation regulatory requirements);
4) Copies of all required applications for City, State, and Federal permits
and licenses;
5) Copies of all biologicallenvironmental assessments performed for the
project site, which may have been required by a Federal or State government agency
havingjurisdiction of the property or the system;
6) Copies of any City, State, and Federal permits, licenses, biological
opinions, records of decision, memoranda of understanding, exemption, variance, or
other authorization or approval related to the proposed wind energy project; and
7) Copy of the manufacturer's scheduled maintenance requirements for the
' proposed system.
iii. Permit issuance. Prior to receiving a Building Permit, Electrical Permit, or
Specific Use Permit for the wind energy system from the City, the applicant must show
consideration of, and provide proof of compliance with the following:
1) Federal Aviation Administration (F.A.A.) Order JO 7400.2, "Procedures
for Handling Airspace Matters Advisory Circular AC 70/7460-IK7, and Title 14
Code of Federal Regulations (14 CFR) part 77, "Obstruction Marking and Lighting,
Obstruction Standards," including, if required, filing Form 7460-1 with the F.A.A..
2) All State laws regarding connection of the wind energy system to the state
electrical grid, which proof shall include providing a copy of the "Application for
Interconnection and Parallel Operation of Distributed Generation", as may be
amended or replaced in the future, that has been fully executed and approved by the
electric utility company that owns the electrical system to which the wind energy
system will be connected."
SECTION 10. The Allen Land Development Code Section 7.04.1 "Vehicle Parking" is amended as follows:
A. Paragraph c. of Subsection 2. "Location of Parking Spaces" is amended to read as follows:
"c. In any case where the required parking spaces are not located on the same parcel or
' lot with the building or use for which the parking is required, or where such spaces
are collectively or jointly provided and used, a written agreement , or other
instrument approved as to form by the city attorney that contractually binds the
owner of the off-site or jointly used parking to retain said off-site or jointly used
parking and make it available for use by or for the benefit of the parcel or Im for
Ordinance No. 2978-12-10, Page 26
which the parking is required shall be submitted with the site plan application, or
' filed with the application for a building permit when a site plan is not required."
B. Subsection 4 "Minimum Dimensions for Off -Street Parking" is amended to read as follows:
"4. Minimum dimensions for off-street parking.
a. Ninety -degree angle parking. Each parking space shall be not less than nine feet
wide nor less than 18 feet in length. Maneuvering space shall be in addition to parking space
and shall be not less than 24 feet wide.
b. Sixty -degree angle parking. Each parking space shall be not less than nine feet
wide perpendicular to the parking angle nor less than 20 feet in length when measured
perpendicular to the edge of the maneuvering aisle. Maneuvering space shall be in addition
to parking space and shall be not less than 20 feet wide.
c. Forty -five -degree angle parking. Each parking space shall be not less than nine
feet wide perpendicular to the parking angle nor less than 19 feet in length when measured
perpendicular to the edge of the maneuvering aisle. Maneuvering space shall be in addition
to parking space and shall be not less than 18 feet wide."
SECTION 11. The Allen Land Development Code Section 7.05.1 "Standard Planting Materials" shall be
amended as follows:
A. Subsection 2 "Minimum Height Required" shall be amended to read as follows:
' "2. Minimum height required:
1
a. Shade trees: ten feet (10'-0")
b. Ornamental trees: eight feet (8'-011)"
B. The graphic contained in Subparagraph i of Subsection 5 "Surface Parking Lot Landscaping",
Subsection a "Planting Requirements" shall be deleted and replaced with the following two
graphics:
MINIMUM TREE ISLAND
(ALL MEASUREMENTS TANEN FROM BACK41` IU BTO
9AC -oF Na)
Ordinance No. 2978-12-10, Page 27
I
C. Subparagraph iv of Subsection 5 "Surface Parking Lot Landscaping", Subsection a "Planting
Requirements" shall be amended to read as follows:
"iv. A two (2) foot -wide non -planted pervious surface area adjacent to the back of the curb
shall be installed adjacent to all parking spaces. This area may include mulch, crushed
granite, river rock, or similar material."
SECTION 12. The Allen Land Development Code Section 7.07 "Fences and Walls" Subsection 4
"Screening Walls or Visual Barriers Required' shall be amended by amending Paragraph e, subparagraph v.
to read as follows:
"v. All allowed Outdoor Storage shall be screened from view from all streets and property -lines.
Materials, equipment, or commodities shall be stacked no higher than one (1) foot above the top of
the screening wall or visual barrier."
SECTION 13. Subparagraphs vii and viii, Paragraph a., Subsection 4 of Allen Land Development Code,
Section 7.08 "Performance Standards" shall be amended to read as follows:
"vii. At no point at the bounding property line of any use shall the sound pressure level of any
operation or activity exceed 65 dB(A) for daytime (between 7:00 a.m. and 8:00 p.m.) and 58
dB(A) at nighttime."
SECTION 14. The Allen Land Development Code Section 7.09.5 "General Regulations Governing Signs"
shall be amended by adding a new Subsection 12 to read as follows:
"12. Electronic Message Board signs are only allowed in the following locations:
a. As an attached (wall) sign located on the primary structure; provided, however,
i. Only one Electronic Message Board sign is allowed on each primary structure; and
' ii. Electronic Message Boards are prohibited on canopies and accessory structures.
b. On a freestanding sign (pole or monument).
c. Asa window sign."
Ordinance No. 2978-12-10, Page 28
' SECTION 15, The Allen Land Development Code Section 7.09.8.2 `Special Events and Grand Opening
Signs" shall be retitled `Banners and Grand Opening Signs" and amended in its entirety to read as follows:
"Sec 7.09.8.2 Banners and grand opening signs.
"1. Banners. Banners for a single address are limited to a maximum of three banner permits
per calendar year, not to run consecutively, and with only one banner per occurrence.
a. shall only be attached to buildings or poles driven into the ground and shall not be
affixed to cars, trees, utility poles, fences or accessory structures.
b. Banners should not extend above the roofline or beyond the edges of the building
to which it is attached.
2. Grand Opening Events. A permit for grand opening signage is allowed one time only for
new businesses. A permit for grand opening signage may include banners, balloons, pennants and
inflatable signs. Grand opening event permits shall be issued within 90 days of the date of opening
and shall be limited to 45 days.
3. Securing Signs. Banners, balloons, pennants and inflatable signs shall be securely tethered,
fastened or affixed to prevent flapping, fluttering, swinging or moving."
SECTION 16. The Allen Land Development Code, Section 8.09 "Wastewater Utility Standards" shall be
amended to read in its entirety as follows:
"Sec 8.09. Wastewater utility standards.
Wastewater facilities serving the subdivision or addition shall connect to the city's
wastewater system, and shall conform to the standard construction details — water and sanitary sewer
and 30 Tex. Admin. Code ch. 317 for wastewater collection. In the case of residential development,
the developer shall provide the Engineering Department a video inspection of each wastewater
service line prior to acceptance of the subdivision infrastructure. A separate video of the service shall
be completed by the permit applicant and submitted to the Building & Code Department prior to
plumbing final inspection for the structure. All video inspections (by developer, builder, or permit
applicant) shall require the introduction of water into the line, as required to positively confirm the
service line is without sags or areas that hold water. Any deficiencies discovered m a result of the
initial video inspection, or subsequent video inspections, shall be repaired at the expense of the
developer, builder, or permit applicant prior to a certificate of final acceptance being issued by the
Building & Code Department"
SECTION 17. The Allen Land Development Code, Appendix A, "Definitions" shall be amended by adding
the following definitions:
"Code or this Code means the Allen Land Development Code, as amended.
Code of Ordinances means the City of Allen Code of Ordinances, as amended.
' FItater means the visible flicker effect when rotating turbine blades cast shadows on the ground and
nearby structures causing the repeating pattern of light and shadow.
Large wind energy system means a wind energy conversion system consisting of one wind turbine
and designed to supplement other electricity sources for existing buildings or facilities, from which
Ordinance No. 2978-12-10, Page 29
the power generated is used for on-site consumption. A large wind energy conversion system
consists of a wind turbine, a tower, base, rotor blades, and associated control or conversion
electronics and has a total rated capacity that is at least 100 kW but less than 250 kW.
Manufactured home means a structure, constructed on or after lune 15, 1976, according to the rules of
the United States Department of Housing and Urban Development, transportable in one or more
sections, which in the traveling mode is eight body feet or more in width, and 40 body feet or more in
length, or when erected on-site is 320 or more square feet, and which is built on a permanent chassis
and designed to be used as a dwelling with or without a permanent foundation when connected to the
required utilities, and includes the plumbing, heating, air conditioning and electrical systems. The
term does not include a recreational vehicle as that term is defined by 24 CFR § 3282.8(g).
Medium wind energy system means a wind energy conversion system consisting of one wind turbine
and designed to supplement other electricity sources for existing buildings or facilities, from which
the power generated is used for on-site consumption. A medium wind energy conversion system
consists of a wind turbine, a tower, base, rotor blades, and associated control or conversion
electronics, which has a total rated capacity that is greater than 10 kW but less than 100 kW.
Mini-Warehouse/Public Storage means a building(s) containing separate, individual self -storage units
for rent or lease.
Outdoor Display means the placement of commodities, materials, goods, equipment, vehicles,
merchandise, or other personal property that are immediately available for sale or rent outside of a
building.
Outdoor Storage means the storage on the exterior of a building of commodities, materials, goods,
'
equipment, vehicles, storage pods, merchandise, or other personal property for a primary use on the
same property for a purpose other than displaying same to the public for purpose of enticing the
immediate sale or lease of said items.
Outdoor Pending Machine - Any machine or container, manual or automated, located outdoors and
designed for the convenient storage and dispensing of merchandise for retail sale; including but not
limited to soda vending machines, food vending machines, ice vending machines, video rental
machines, and water dispensing/vending machines. Newspaper racks, pay telephones, air pumps,
vacuum machines and automatic teller machines are not considered vending machines.
Service Contractor means an establishment whose primary activity is the provision of services for the
construction, maintenance, cleaning, or repair of buildings and properties on a fee or contract basis.
Service contractors may include, but are not limited to, plumbing, heating and air conditioning,
construction, and landscape maintenance services.
Small wind energy system means a single system designed to supplement other electricity sources for
existing buildings or facilities, from which the power generated is used for on-site consumption. A
small wind energy conversion system consists of a single wind turbine, a tower, base, rotor blades,
and associated control or conversion electronics which has a total rated capacity of 10 kW or less.
Wind Energy System or Wind Energy Conversion System means a shaft, gearing belt, or coupling
utilized to convert the rotation of the surface area into a form suitable for driving a generator,
'
alternator, or other electricity producing device to convert the mechanical energy of the surface area
into electrical energy, and the associated, tower, pylon, and rotor blades or other device.
Smoking Establishment means a business establishment that is dedicated, in whole or in part, to the
smoking of tobacco or other substances, including but not limited to establishments known variously
Ordinance No. 2978-12-10, Page 30
I
as cigar lounges, hookah cafes, tobacco clubs, tobacco bars, etc. and includes any establishment that
allows both 1) the onsite purchase of tobacco, tobacco accessories or similar substances, and 2) the
onsite smoking of tobacco or other substances."
SECTION 18. 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 19. 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 20. 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 21. Any person, fum 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 22. 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 14TH DAY OF DECEMBER, 2010.
APPROVED AS TO FORM:
Peter G. SmitkCrrYATTORNEY
(01.12-6-1046153)
APPROVED:
St-epheR Terrell, MAYOR
ATTEST:
EMIR���L
Ordinance No. 2978-12-10, Page 31