O-3415-8-16ORDINANCE NO. 3415-8-16
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLINCOUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT
CODE, ASPREVIOUSLY AMENDED, BY AMENDING IN ITS ENTIRETY
SECTION 6.06.11 "SOLAR PANELS"; PROVIDING A CONFLICTS RESOLUTION
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
SAVINGS CLAUSE; PROVIDING FOR PENALTY OF FINE NOT TO EXCEED
THE SUM OF TWO THOUSAND ($2,000) DOLLARS FOR EACH OFFENSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of Aller, 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
Section 1. Allen Land Development Code Section 6.06.11 "Solar Panels" is amended in its entirety to read as
follows:
See. 6.06.11.—Solar panels
An applicant's submittal for a building permit, and electrical permit, for locating a
solar panel within the city must demonstrate compliance with the following standards.
a. Location and design requirements.
1. Solar panel systems shall be allowed as an accessory use in all zoning districts.
ii. Rooftop installations.
a) Solar panels may be installed on the roof of any primary structure, or
permitted accessory structure (such as a patio cover or storage
building), subject to verification of structural load requirements.
b) Solar panel systems shall not directly face any public street
regardless of screening.
C) Roof mounted solar panel systems shall not extend past the roofline
and shall be mounted parallel with the existing slope of the roof
system
' d) On a flat roof, solar panels shall not exceed the height requirement
for the zoning district for which it is located in, and shall be screened
as rooftop mechanical from the public right way as required by this
Code.
iii. Ground -mounted installations.
a) Solar panel systems shall be located behind the front building line
and shall meet all applicable building setback provisions for
accessory structures.
b) Panels and equipment shall be separated from public view on all
sides by a solid fence or wall.
Additional requirements.
Permit requirements. All solar panel systems shall be in compliance with the
2015 International Building Code and 2015 International Fire Code.
Glare. A solar panel shall be designed and located to avoid glare or reflection
onto adjacent properties and adjacent roadways and shall not interfere with
traffic or create a safety hazard. A solar panel system, or any component
thereof, that creates glare or reflection onto adjacent properties or roadways
is determined to constitute a nuisance. If a solar panel system or any
component thereof is deemed to constitute a nuisance or a safety hazard, the
City has the authority to require the owner to remove, redesign or screen the
solar panels to the extent necessary to eliminate the glare onto the adjacent
property or roadway.
iii. Maintenance. The owner of the property with a solar panel system shall
' maintain the system so that it does not create a safety issue for surrounding
property owners. Solar panels that are not in use shall be disengaged so as to
prevent accidental electrical charges to property or persons.
SECTION 2. In the event of an irreconcilable conflict between the provisions of another previously adopted
ordinance of the City of Allen and the provisions of this Ordinance, the provisions of this Ordinance shall be
controlling
SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance,
as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of
the remaining portions of said ordinance, or the Allen Land Development Code, as amended hereby, which
shall remain in full force and effect.
SECTION 4. An offense committed before the effective date of this Ordinance is governed by prior law and
the provisions of the Allen Land Development Code, as amended, in effect when the offense was committed
and the former law is continued in effect for this purpose.
SECTION 5. Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall
be subject to the same penalty as provided for in the Allen Land Development Code, as amended, and upon
conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each
offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 6. This ordinance shall take effect immediately from and after its passage and publication in
accordance with its provisions of the Charter of the City of Allen, and it is accordingly so ordained.
Ordinance No. 3415-8-16, Page 2
1
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 23RD DAY OF AUGUST 2016.
APPROVED AS TO FORM:
Peter G. Smith, CTPf ATTORNEY
(kbl:8/15/16:78322)
APPROVED:
Stephen Te ell, MAYOR
ATTEST:
SWUMTHWIll
Ordinance No. 3415-8-16, Page 3