O-2433-9-05' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, BY
AMENDING ARTICLE IV ZONING REGULATIONS, BY AMENDING SECTIONS
4.08.19, 4.09.1, 4.09.2, 4.15.4, 4.20.4, AND 4.20.5 BY AMENDING THE
DEVELOPMENT REGULATIONS AND SCHEDULE OF USES FOR THE
CENTRAL BUSINESS DISTRICT; BY AMENDING ARTICLE VII ZONING
DEVELOPMENT STANDARDS BY AMENDING TABLE 7.23 PERMANENT SIGNS
AND DELETING TABLE 7.24; PROVIDING A SEVERABH.FfY CLAUSE;
PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A 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 City 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, have given
requisite notice by publication and otherwise, and after holding due hearings and affording a full and fair
hearing to all property owners generally and to all persons interested and situated in the affected area and in
the vicinity thereof, and in the exercise of its legislative discretion have concluded that this Allen Land
Development Code should be amended.
' 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 is hereby amended in part by amending Sections 4.08.19,
4.09.1, 4.09.2, 4.15.4, 4.20.4, and 4.20.5, by amending the Development Regulations and the Schedule of
Uses for the Central Business District and by amending Table 7.23 Permanent Signs and by deleting Table
7.24 to read as follows:
`ARTICLE IV. ZONING REGULATIONS
Section 4.08.19. "CBD' Central Business District.
1. Purpose.
The Central Business District is the oldest urban area within the City. The CBD has played an
important role in serving the City as a unique neighborhood containing local businesses, churches,
and housing. Existing development in the CBD has aged, experienced some deterioration and, as a
result, needs revitalization and redevelopment. This zoning district has been designed to aid in
revitalization and redevelopment that is compatible with, and which will serve to preserve the
character of the CBD and enhance the City. The purpose of this district is to:
a. Provide for a diversity of pedestrian -oriented retail office, residential and mixed uses
' indicative of an urban center. Housing should be considered a desirable activity in the
district.
b. Provide a venue for artists, musicians and other entertainment businesses and serve as a
community center and gathering place.
C. Create a lively day and night urban environment for residents, workers and visitors through
' the integration of a range of uses, building types and open space.
d. Produce a quality environment by combining inviting streetscapes and excellence in building
design.
e. Increase property values and stimulate development with strategically placed civic features
such as parks, medians, street trees, and public art.
2. Design Review Committee.
Committee established.
The Design Review Committee consisting of the City Manager or designee, the Director of
Planning and Development or designee, the Chief Building Official or designee, the Director
of Engineering or designee, the Director of Parks or designee, and two citizens appointed by
the City Council is hereby established. The Director of Planning and Development shall
serve as the chair of the Committee.
b. Duties.
1) The Committee shall review a design plan accompanying an application for new
construction, reconstruction, addition or alteration of structures and buildings in the
CBD.
' 2) The Committee shall approve the design plan if it determines that the construction,
alteration or addition is of such appearance and design, that the building or structure
when constructed or remodeled, or the alteration or addition as the case may be,
satisfies the CBD standards and will be of good architectural design and harmonize
with existing buildings, and be suitable to its location.
3) The Design Review Committee shall review requests for designation as a Historic
Structure and make a recommendation for such designation to the City Council. The
Committee will seek input from the community such as the Allen Heritage Guild.
4) The Design Review Committee may not grant any variance, waiver or deviation to
any of requirements of this Code, but may approve one or more alternatives to
development requirements as set forth in this Section.
C. Purpose.
The review and approval set forth herein is intended to go beyond the regulations of this
Code to address issues specifically related to the relationship of adjacent properties and
neighborhood patterns. The Committee is concerned with not only the design of the specific
project but also the effect it will have on the surrounding properties. The purpose of
Committee review and approval is to: encourage adaptive reuse of existing buildings;
creative construction and major modifications that will enhance the architectural character of
the district; stabilize and reinforce property values; protect private and public investment;
reverse urban decline and blight; reverse neighborhood decline and improve housing quality;
preserve the natural, historic and architectural qualities of the CBD; establish and enhance
aesthetic and architectural compatibility within the CBD; attract residential and business
development and redevelopment that provide aesthetic and safe and healthy living and
Ordinance No. 2433-9-05, Page 2
working conditions in the CBD; ensure that building designs are compatible with the
characteristics of the CBD in terms of scale, mass, building patterns, facade articulation, and
incorporating design elements of prevalent architectural styles; and that building
rehabilitation has the architecture and design elements of the principal structure.
d. Applicability.
Any new construction, addition, or alteration that changes the exterior appearance of a
building or structure in the CBD for which a building permit is required shall be subject to
the review and approval process herein. No design plan may be approved that does not
conform to the requirements of this Section. No building permit may be issued for any
development, construction or reconstruction of a structure or building within the CBD
without an approved design plan.
e. Approval Required.
Any new construction, addition, or alteration that changes the exterior appearance of a
structure or building within the CBD shall require the submission of a design plan to be
approved by the Committee before a building permit may be issued. Normal repair and
maintenance that does not cause any visual change to the structure when the work is
completed with matching materials and design does not require review and approval by the
Committee. The Committee shall act on a complete design plan within 30 business days after
submission or such design plan shall be deemed approved. Approval shall be valid for 6
months, unless an extension is granted by the Committee. The Committee may grant one
extension not to exceed 6 months. Except for minor corrections or modifications that do not
' substantially change a previously approved design plan (which may be administratively
approved by the Director of Planning and Development), any modification to a previously
approved design plan shall be subject to the same fees, review and approval process as a new
application. It shall be unlawful to make any change to the exterior of an existing structure or
building in the CBD or to construct an alteration or addition to an existing structure or
building in the CBD, including but not limited to roof form, building materials, windows and
porches, without a design plan having first been approved by the Committee.
Design Plan.
A design plan shall constitute the first step in development approvals for a specific site. The
design plan shall consist of a site plan of the property drawn to scale showing vehicular and
pedestrian circulation, all applicable set backs, the location of the existing structures, all on
and off-site parking (required and provided), open space, landscape areas, the type and
location of buildings, building area (square footage, height, number of stories and number of
residential units, when applicable), land area and building coverage, the FAR, uses within the
building(s), fire lanes, parking areas, street and lot configuration, building sites, access,
density and relation to adjacent facilities, driveways, a color rendering of the proposed
construction, reconstruction, alteration or addition, building elevations, architectural
renderings (images indicating the architectural concepts, treatments, character, and similar
features), and showing the adjacent facilities indicating the dimensions of the structures,
landscape plans and exterior construction material. The submission shall also include any
requests for Committee approval of allowed alternatives to the development standards and
' requirements of the CBD. All submission documents shall contain sufficient information
and detail to establish that the proposed work will conform to the requirements set forth in
this Section and applicable ordinances of the City.
Ordinance No. 2433-9-05, Page 3
Design Plan Standards.
The Committee shall review and approve a design plan that satisfies the standards set forth in
this Section.
1) The design elements of a new building or structure, or an addition or alteration shall
match the design elements of the principal structure, in particular building materials
and color, roof lines and shapes, and window proportions and alignments.
2) Every facade on a new building or structure constructed within the CBD shall
present an uninterrupted face similar in length to other structures of the same
architectural style, and be in conformance with the predominant architectural style,
in order to maintain a cohesive streetscape and appearance. New buildings should
incorporate traditional design elements. Architectural features should be aligned
with established patterns of existing and proposed buildings and structures.
3) Building design shall be pedestrian scaled, adhere to transit oriented development,
and be consistent with pedestrian friendly principles of design subject to the
following:
a) Building setback / Site design - buildings shall front along streets, and be set
back no mom than 10 feet. The Site design should minimize the visual
impact of surface parking lots. If geographical, physical, or architectural
constraints prevent building placement close to the street, the Design Review
Committee may allow greater setbacks.
' b) Buildings shall include pedestrian -oriented uses in the first floor. Effort
should be made to provide multi -family uses above commercial uses.
C) Building mass shall be broken up in order to liven up the experience of
pedestrians and visitors, and to avoid the construction of monotonous spaces
on this public thoroughfare through the use of reliefs, setbacks, and
cantilevered roofs and structures.
d) Building facades shall provide ample fenestration in order to bring the life of
the interiors outdoors, and to invite transit riders, drivers, and pedestrians
into CBD establishments. Ground -floor commercial uses shall have glazed
areas equal to at least 65% of the ground -level building facade. Blank walls
facing streets are prohibited. Windows are required in both lower and upper
floors of buildings, unless architectural reliefs, murals, or other similar
treatments are approved by the design review committee.
e) Exterior construction materials and finishes should be durable, weather and
moisture proof, and require low maintenance. Brick, stone, concrete and
metal and glass are acceptable exterior materials. Use of wood and non -
rustproof metals is prohibited, unless designated as a Historic Structure or
attempting to reproduce an identifiable historic period. Exterior building
materials shall have a texture, pattern and scale similar to the predominant
' exterior building materials in the CBD. Historical reproductions may be
considered when compatible with other structures in the District.
Ordinance No. 2433-9-05, Page 4
4) An addition should be of a scale, mass, and location that, does not predominate over
the principal structure.
' 5) Redevelopment or rehabilitation shall emphasize any existing architectural detailing
of the structure fapade, such as roof parapet or comice lines, detailed entrance ways,
or decorative projections from the structure.
6) Building color shall be compatible throughout the structure by using either an
appropriate single color scheme with accent colors or a multicolor scheme designed
to highlight architectural details of the structure to make a single building appear to
be a series of buildings.
7) Construction materials and colors for walls and fences that are visible from the street
shall be uniform and compatible with the architectural style, color and building
material of the structure and its surroundings.
8) Existing architectural details, including trim, shutters, columns, porches and other
elements shall be retained.
9) If certain elements have deteriorated beyond the point that such may be retained, such
elements shall be replaced in kind.
10) Any modification or deletion of existing architectural details requires the approval of
the Committee.
11) Alterations and additions shall be compatible with the architectural elements of the
existing structure in terms of scale, architectural details, materials and colors.
h. Committee Aooeal.
The Committee denial of a design plan may be appealed to the Planning and Zoning
Commission. An appeal must be filed in writing with the Director of Planning and
Development within ten (10) business days after the design plan decision of the Committee
accompanied by a fee established by the City Council, by resolution from time to time. The
appeal shall state the specific relief sought and the reasons therefore and provide the
justification for the relief requested. The Planning and Zoning Commission shall act on an
appeal within 60 business days after the date the written appeal is filed. The failure to act
within the 60 day period shall be deemed an approval of the appeal. In considering the appeal
the sole issue before the Planning and Zoning Commission is whether the Committee erred in
its decision. The appeal to the Planning and Zoning Commission shall be the final
administrative remedy.
3. District Development Standards.
Permitted Uses.
No land and no buildings shall be erected for or converted to any use other than the uses in
the table "Schedule of Principal Uses—Central Business District"
' b. Dimensional Standards.
Front Yard Setback 0 feet (subject to landscaping requirements)
Side Yard Setback 0 feet (subject to landscaping requirements)
Ordinance No. 2433-9-05, Page 5
Rear Yard Setback
Maximum height of building
' Minimum lot area
Minimum lot width
Minimum lot depth
Minimum area per
residential dwelling unit
Maximum lot coverage
Maximum Floor Area Ratio
Building setback / orientation
C. Parking Requirements
0 feet (subject to landscaping requirements)
See Supplemental Regulations
None
None
None
800 square feet
95%
4.0 FAR
Buildings shall front along streets, and set back no
more than 10 feet
The provisions of Section 7.04 of this Code, Off -Street Parking & Loading, shall apply to the
CBD. Because each particular use has relatively different parking and traffic impacts, when
reviewing a project, the Design Review Committee may require additional parking and
traffic impact studies, a review of existing occupancies, and other reasonable appropriate
data to determine the impact of the proposed development. If more than one use is to be
located on a building site, all uses on the building site must share parking. The number of
required parking spaces shall be determined based on the greatest number of parking spaces
required. The following alternatives to the parking requirements may be approved by the
Design Review Committee when studies show that such alternative is necessary and
appropriate:
' 1) Where office and/or retail uses are located adjacent to public streets, on -street
parking may be used to satisfy up to 50% of the required off-street parking
requirements, if approved by the Design Review Committee. Shared or remote
parking may be used to satisfy up to 50% of the required off-street parking
requirements. Shared or remote parking facilities must be located within 600 feet of
the building fapade of the use served by the remote or shared parking. Off-site and
remote parking shall require a formal executed parking agreement in a form
acceptable to the City Attorney and approved by the Committee.
2) A 10% reduction in required parking is allowed for a mixed-use development if
approved by the Design Review Committee. Off-street puking may be provided by
either structured garage or on-site surface parking. Structured garages shall be
centrally located near, around, or within buildings that the garage will be serving.
Off-street parking may be further reduced, beyond the 10% reduction if approved by
the Design Review Committee, based on the submittal of a parking study showing
close proximity to transit supportive modes of transportation and specific land uses
that support a reduction in parking through time of use, type, patronage distribution,
systems, and other appropriate factors including walk -able, livable environments.
The Design Review Committee may require parking and other studies to support
such further reduction.
3) Off-street parking requirements for Office and/or Retail uses may be satisfied
through the partnered development of City owned parking facilities when approved
' by the Design Review Committee. Private/public partnered development of parking
facilities require a development agreement with the City for such facilities, which
must he approved by the City Council and executed by the applicant, prior to the
Ordinance No. 2433-9-05, Page 6
approval by the Design Review Committee of the partnered development parking
facilities in satisfaction for the required puking for office and/or retail uses.
4) Required parking for office and/or retail uses may be satisfied by making a one time
payment of cash in lieu of required parking into a special City account known as the
CBD Parking Fund. This fund is to be used only for the acquisition or construction
of parking garages and facilities in the CBD. The amount of the payment required is
calculated by taking 75 percent of the cost of constructing a garage space and
multiplying that cost by the number of parking spaces that will not be required by
reason of the payment The Director of Planning and Development shall determine
the cost of a parking garage space by using the following formula: National median
cost per square foot x 320 x Dallas Cost Index sq. ft. where "national median cost
per square foot" is the national median cost per square foot of a parking space in a
parking garage. Both the "national median cost per square foot" and the "Dallas Cost
Index" must be derived from the most recent issue of Building Construction Cost
Data, published by the Robert Snow Means Company, Inc., of Kingston,
Massachusetts, unless another publication is designated by the Director of Planning
and Development. The payment into the CBD Parking Fund is due prior to final plat
approval. The Dallas Cost Index figure shall be determined on January I of each year
and shall be used for the entire year unless otherwise amended by the City Council.
d. Landscaping.
The provisions of Section 7.05, Landscape Requirements of this Code shall apply to the
CBD, except that the Design Review Committee may approve any one, or a combination of
the following landscaping alternatives that provide for adequate pedestrian circulation and
streetscape features (such as planter boxes, benches, or public art). Street trees will be
required in all cases.
1) A 5 -foot landscaping buffer between the sidewalk and curb.
2) A sidewalk / parkway combination with a minimum 5 -foot landscaping buffer
located adjacent to a building.
3) Additional sidewalk width may be allowed to extend to the curb, provided that street
trees are placed in tree wells 4' x 4' spaced at intervals of 20 feet, located at least
one foot back of curb.
e. Sidewalks.
1) The provisions of Section 8.05 of this Code shall apply to the CBD except that
Design Review Committee may approve or require sidewalks greater than 5 feet in
width because of building location and/or landscaping.
2) The minimum width of sidewalks is 5 feet except where the continuation of an
existing sidewalk requires a sidewalk greater than 5 feet.
3) Cedar Drive from Main Street to St. Mary Drive, St. Mary Drive from Allen Drive to
Cedar Drive, Main Street from Allen Drive to Cedar Drive and Allen Drive from St.
Mary Drive to Main Street shall have 12 -foot wide sidewalks, except that the Design
Review Committee may approve sidewalks less than 12 feet in width but not less
than 5 feet in width to allow reasonable development and redevelopment upon a
Ordinance No. 2433-9-05, Page 7
showing that the literal enforcement of this Section would result in an unnecessary
hardship.
' f. Supplemental Regulations.
1) Maximum density for multi -family units shall not exceed thirty-two (32) units per
gross acre.
2) Accessory buildings are prohibited.
3) Prefabricated or modular structures are prohibited.
4) Structures over 50 years in age that are designated as Historic Structures by the
Design Review Committee or have been determined to be eligible for inclusion on
the National Register of Historic Places or the Texas Historical Commission shall be
restored, repaired, constructed or reconstructed using methods and materials
consistent with the historical architecture and character of the structure.
5) Exterior design:
a) Structures shall have clear or slightly tinted windows. Mirrored or heavily
tinted glass is prohibited;
b) The primary entry for all buildings and ground floor tenant spaces shall be
oriented towards the street. Secondary entrances are encouraged for access
to parking facilities and pedestrian walkways;
C) When ground floor commercial space is provided in a multi -story mixed-use
building, a clear delineation between the lower floors and upper floors shall
be made through change of plane, changes in materials, or architectural
detail;
d) Blank facades are prohibited. All exterior walls shall be articulated through
the use of architectural design features including but not limited to windows,
changes in plane, and in materials.
6) Exterior walls of buildings and parking structures:
a) The ground floor exterior walls, excluding windows, doors, and other
openings, shall be constructed of one hundred percent (100°/x) masonry
construction.
b) Overall, a minimum of eighty-five percent (85%) of said exterior walls,
excluding windows, doors, and other openings, shall be of masonry
construction.
c) Windows and glazing shall be limited to a maximum of sixty percent (60%)
of each building elevation.
' 7) Building height: The maximum building height shall not exceed 4 stories in height
except that the Design Review Committee may approve a building height not to
exceed 6 stories, not to exceed 75 feet in height based on the compatibility of the
Ordinance No. 2433-9-05, Page 8
building with the height, facade, and architectural style and use of the adjacent
structures.
4. Historic Preservation.
a. Purpose.
The CBD contains many of the City's oldest and most historic structures. It is the
community's desire to identify, recognize and preserve these structures when feasible. The
purpose of this Section is to encourage and allow for the preservation and continued use of
the City's historic structures. The Design Review Committee shall review requests for
Historic Structure designation and make a recommendation to the City Council. The City
Council after receipt of a favorable recommendation from the Design Review Committee
shall consider the designation of a building or structure as a Historic Structure.
b. Historic Structure Desig ate.
1) A structure may be designated as a Historic Structure if the structure:
a) Possesses documented significance in history, architecture, archeology or
culture;
b) Is associated with events that have made a significant contribution to the
broad patterns of local, regional, state or national history;
IC) Is associated with the life of a person or persons significant to the
community;
d) Embodies the distinctive characteristics of a type, period, style or method of
architecture or construction;
e) Represents an established and familiar feature of the community; or
t) Is eligible for listing in the National Register of Historic Places or
recognition by the Texas Historical Commission.
2) The following regulations shall apply to a designated Historic Structure:
a) Any exterior building or structure alterations shall retain the historic
character of the building or structure as approved by the Design Review
Committee.
b) Demolition of a designated Historic Structure is prohibited for a period of
120 days after an application for demolition is submitted. The City shall
notify Allen Heritage Guild and other affected parties as deemed appropriate
by the Design Review Committee.
C) The City may provide fmancial incentives for historic preservation,
' rehabilitation and/or restoration of designated Historic Structures.
Ordinance No. 2433-9-05, Page 9
C.
Tax Exemption for Historic Structures
1) A Historic Structure may qualify for an exemption from City ad valorem taxes,
'
provided that the Historic Structure has been determined by the City Council to be a
historically or archeologically significant site in need of tax relief to encourage its
preservation or restoration. If approved, the City Council will adopt an ordinance
granting an exemption of all or part of the assessed value of the Historic Structure
and the land necessary for access to and for use of the Historic Structure pursuant to
Section 11.24 of the Texas Tax Code for a period not to exceed ten (10) years. The
City Council reserves the right to revoke the exemption if renovation, maintenance,
or rehabilitation of the Historic Structure is not in accordance with the Code or for
any other reason deemed appropriate.
2) The City Council, when deemed appropriate, may grant a tax abatement according to
the City Tax Abatement Guidelines for all or a part of the assessed value of the
Historic Structure and the land necessary for access to, and for use, of the Historic
Structure pursuant to Chapter 312 of the Texas Tax Code for a period not to exceed
10 years.
3) The City Council, when deemed appropriate, may provide economic development
incentives pursuant to Chapter 380, Texas Local Government Code, for the
restoration, renovation or reconstruction of a designated Historic Structure.
5. Non -conforming Uses and Structures.
a.
Any structure or lawful use of property existing prior to September 13, 2005, which does not
'
conform to the regulations prescribed herein, shall be deemed a non -conforming structure or
use and may be continued subject to these regulations as to the maintenance of premises and
conditions of operation as may be reasonably required for the protection of adjacent
Property.
b.
A non -conforming use may not be expanded within an existing building nor may a structure
be expanded or structurally altered to accommodate any non -conforming use. A non-
conforming structure may not be expanded or structurally altered in any way which would
increase the degree of nonconformity.
C.
A nonconforming use may be changed to another non -conforming use of the same or more
restrictive classification; however, once a change is made to a more restrictive use, the use
shall not be changed back to the prior non -conforming use.
d.
A nonconforming use, if changed to a conforming use, may not thereafter be changed back
to any nonconforming use.
e.
If a non -conforming use is discontinued for a period exceeding six months, such non-
conforming use shall be deemed to have been abandoned, and any future use in the same
structure or portion thereof shall conform to the terms of this ordinance.
f.
If a nonconforming structure or structure occupied by a non -conforming use is destroyed by
fire, the elements, or other cause, it may not be rebuilt except to conform to the provisions of
'
this Ordinance. In the case of part
ial destruction of a nonconforming structure or any
structure occupied by a nonconforming use, reconstruction will be permitted, but the size or
Ordinance No. 2433-9-05, Page 10
function of the nonconforming structure or use cannot be expanded or enlarged. Partial
destruction shall not exceed fifty percent (50%) of the structure's fair market value.
' SECTION 2. The Allen Land Development Code is hereby amended by amending Section 4.20.4 Schedule
of Principal Uses -Central Business District to read as follows:
j
Ordinance No. 2433-9-05, Page 11
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COMMENTS
ADULT DAY CARE
X
AMUSEMENT, COMMERCIAL (INDOOR)
X
AMUSEMENT, COMMERCIAL (OUTDOOR)
S
ANTIQUE SHOP
X
ARTISANS AND ARTIST STUDIO
X
ASSISTED LIVING
X
BAKERY OR CONFECTIONERY
X
BANKS AND FINANCIAL INSTITUTIONS
X
BED & BREAKFAST
X
BICYCLE SHOPIREPAIR SER
S
BOOK, CARD OR NOVELTY SHOPS
X
BUS STATIONS/TERMINALS
S
CARPENTRY, PAINTING SHOP
S
CATERING
X
CHURCH
X
CLINIC, MEDICAL
X
COLLEGE OR UNIVERSITY
X
COMMUNITY CENTER
S
CONVALESCENT CENTER OR NURSING HOME
S
DAY CARE FACILITY
X
DRUG STORE OR PHARMACY
X
DWELLING, CONDOMINIUM-
X
'Min 4stories w/1st floor retail
DWELLINGMULTI-FAMILY(LOFT
APARTMENTS
X
DWELLING, SINGLE-FAMILY (ATTACHED)'
X
'TOWNHOMES
FABRICS OR NEEDLEWORK SHOP
X
FARMERS MARKET
S
FLORIST / PLANT STORE
X
FOOD SERVICE
X
FRATERNAL ORG., LODGE, CIVIC CLUBS
S
GARAGE, PUBLIC PARKING
X
GROCERY
X
Less than 10,000 sq. ft.
HARDWARE STORE
S
LAUNDRY/DRY CLEANING, PICK-UP ONLY
X
MASS TRANSIT COMMUTER PICK-UP
S
MICRO BREWERY
X
MUSEUM, LIBRARY, ART GALLERY (PUBLIC)
X
Ordinance No. 2433-9-05, Page 11
I
' SECTION 3. The Allen Land Development Code is hereby amended by amending 4.20.5 Schedule of
Accessory Uses -Central Business District to read as follows:
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Schedule of Accessory Uses
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DAY CARE FACILITY
X
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X
FLORIST
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LAUNDRY, SELF-SERVICE
OFFICE USE
X
X
PARK OR PLAYGROUND (PUBLIC)
X
SWIM OR TENNIS CLUB
PRINTING OR NEWSPAPER ESTABLISHMENT
X
PUBLIC SERVICE FACILITY
X
RADIO OR TV BROADCAST STUDIO
X
REAL ESTATE SALES OFFICE (TEMP.)
T
RECREATION CENTER (PUBLIC)
X
RESTAURANT (NO DRIVE-IN OR THROUGH)'
X
Includes sidewalk cafes
RESTAURANTIPRIVATE CLUB'
X
'Less than 50% food sales
RETAIL STORE
X
SIGN SHOP
S
SPECIALTY/HEALTH FOODS
X
STUDIOS'
X'Art
8 Music studios and galleries, may include teaching
THEATER'
X
'Live theater only
VETERINARY HOSPITAL OR CLINIC
X
' SECTION 3. The Allen Land Development Code is hereby amended by amending 4.20.5 Schedule of
Accessory Uses -Central Business District to read as follows:
SECTION 4. The Allen Land Development Code is hereby amended by amending Table 7.23 Permanent
Signs, and deleting Table 7.24 to read as follows:
Ordinance No. 2433-9-05, Page 12
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Section 4.20.5
Schedule of Accessory Uses
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Central Business District
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DAY CARE FACILITY
X
FITNESS AND HEALTH CENTER
X
FLORIST
X
LAUNDRY, SELF-SERVICE
X
LAUNDRYIDRY CLEANING, PICK-UP ONLY
X
MASS TRANSIT COMMUTER PICK-UP
X
SWIM OR TENNIS CLUB
X
SECTION 4. The Allen Land Development Code is hereby amended by amending Table 7.23 Permanent
Signs, and deleting Table 7.24 to read as follows:
Ordinance No. 2433-9-05, Page 12
"PERMANENT SIGNS
Table 7.23
Ordinance No. 2433-9-05, Page 13
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Multi -family n/a
40
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attached to a screening wall or
Institutional 8
32
2'
n/a
Na
N
freestanding
Office and Office/rech (structures- 20 0. Na
25'
Nan/aNay'Three
(3) additional sq. feel for
hei ht
eve foot in hei ht > 20
Ofice and Office/tech Accessory 8
16
Jn1a
Na
We
Na
y
Either attached to a screening
wallor freestandinIndustrial
Na
1`
n/a
Na
Y
`Five Percent 5% Fa tle Area
`Facade x 1.5
Retail/Commercial Na
Na"
n/a Na Y "Limited to allowed square
footage
MW
teeA:anding
(Detached) — Monument
45
1 1
8 Y
'One er street frontage
Multi -family Complex Identification 8
30
Office and Office/Tech 6
30
45
1`
8 Y
`One er major buildinRetaiOComm
Multi -tenant> 10 acres 15
150
250
1
8 Y
Additional (Secondary) sign
PrimaRetail/Comm
allowed forises 15 acres on
Multi -tenant> 15 acres
Secunda a
75
90
1
f6O
8 Y
same premisesRetail/Comm
Multi -tenant 5 acres to 15 12
100
150
1
8 Y
acres
Retail/Comm Multi-tenant>2.1<5 acres 8
80
110
1
8 Y
Retail/Comm Multi -tenant -2 acres 8
60
90
1
8 Y
Directional 2.5
8
Na
Na
e Y
Menu Boards 6
24
Na
1
6
10 Y
Institutional B
60
90
1'
n/a
8 Y
• r ma Or building
One
Retail/Comm Single tenant 8
60
90
1 1
60
8 Y
Industrial Single Tenant 8
6090
1`
60
8 y
`Per major building - 1 addl for
[rads > 10 acres
On-premises-Frea-ata"`
.,... hed)wifhtn100Ft
US75
1„
Multi -family Complex Identification-
6
30
45
1`
60
8
Y
`One per street frontage
monument
Institutional -monument
8
60
90
1
n/a
8
Y
Office and Offioe/rech-monument
6
30
45
1`
60
8
Y
*One per major building
Industrial Single Tenant -monument
8
80
90
1`
60
8
y
`One per major building - l addl
for tracts > 10 acres
Retail/Comm Single tenant -pole
20
60
Na
1
60
8
Y
Retail/Comm Multi-tenant<5 acres -pole
20
60
Na
1
60
8
Y
Retail/Comm Multi-tenant>5< 15 acres-
30
150
Na
1
60
8
Y
`Additional (Secondary) sign
pole
allowed for tracts > 15 acres on
Retail/Comm Multi -tenant> 15 acres
8
60
Na
60
8
Y
(Secondary) -monument
same premises
'60 feet from nearest
Freestanding Sign and 120 feet
All Districts:from
nearest pole sign;
US 75 Gas, Food 8 Lodging Pole
40"
150
n/a
1
60'
8
Y
"measured from property,
adjacent service road, or
principal lanes of freeway,
adjacent to sin location
Ordinance No. 2433-9-05, Page 13
rVa - Not Applicable"
SECTION 5. All ordinances of the City of Allen in conflict with the provisions of this Ordinance shall be,
and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in
conflict herewith shall remain in full force and effect.
SECTION 6. An offense committed before the effective date of this Ordinance is governed by prior law and
the provisions of the Ordinances of the City, as amended, in effect when the offense was committed and the
' former law is continued in effect for this purpose.
SECTION 7. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance,
or of the Allen land Development Code, be adjudged or held to be void or unconstitutional, the same shall not
Ordinance No. 2433-9-05, Page 14
R
E
$
am
m LL
ie o'
Z
m
SIGN TYPE
Zoning District
E
U m
E `m
u
E m
E
E
v a E
W
Additional Provisions
E
.%
3>
>m
E
E
y_
c
E
E y
x_
NV
R
E
o=
a
f
fc:
LL
Miscellaneous
Signs
(All zoning districts)
Occupational Signs
n/a
3
n/a
1'
n/a
n/a
N
'For each occu ation
Memorial Signs or Tablets, Civic Group
Na
2
Na
n/a
Na
N
Signs
Name Plates
Na
1
n/a
1
We
Na
N
Allowed on subdivision
screening walls which are
located in wall easements and
maintained by a Homeowners
Subdivision Identification
60
Na
2
We
Na
Y
Association; no limit on structure
area; 60 s.f. allowed for copy,
subdivision name only, no
builder or developer advertising;
indirect illumination only -not
allowed to shine in drivers' eyes;
Security Signs
Na
1
Na
1
Na
Na
N
Message Center Signs
Na
Na
Na
2
Na
Na
Y
Allowed as wall signs only; must
not be visible from a public street
Protective Signs
Na
2
Na
varies
Na
Na
N
•Fagade x 1.5
On -premises - Attached(Wall)
Na
Na
•'
Na
Na
Y
"Limited to allowed square
foot. .
`Sign setback can be the same
as allowed building setback with
a maximum 4 -foot height, and
24 square feet of copy and/or
structure subject to visibility
On -premises - Free-standing (Detached)
6
45
60
1
60
6'
Y
requirements as defined in
- Monument
Section 7.07 (45' comer clip at
intersection of streets; 20 -foot
comer Gip at intersection of
street and alley; 2D0' sight
distance at all street
intersections.
—Note: The Design Review Committee may for designated historical structures and for historical replicas approve wall,
monument or other signs that are appropriate for such
structure with a
copy area not
to exceed 45 square feet in size and a
sin area not to exceed 60 s uare feet in area.
rVa - Not Applicable"
SECTION 5. All ordinances of the City of Allen in conflict with the provisions of this Ordinance shall be,
and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in
conflict herewith shall remain in full force and effect.
SECTION 6. An offense committed before the effective date of this Ordinance is governed by prior law and
the provisions of the Ordinances of the City, as amended, in effect when the offense was committed and the
' former law is continued in effect for this purpose.
SECTION 7. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance,
or of the Allen land Development Code, be adjudged or held to be void or unconstitutional, the same shall not
Ordinance No. 2433-9-05, Page 14
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.
SECTIONS. 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 Zoning
Regulations, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum
of two thousand dollars ($2,000) for each offense.
SECTION 9. This Ordinance shall take effect immediately from and after its passage and publication of the
caption in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF TAE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 13M DAY OF SEPTEMBER, 2005.
APPROVED AS TO FORM:
Peter G. Smith, CrrY ATTORNEY
APPROVED:
Stephel Terrell, MAYOR
ATTEST:
Shelley B. Georg C, CITY siTRETARY
Ordinance No. 2433-9-05, Page 15