The Comprehensive Zoning Ordinance of the City of Allen, Texas, originally passed and approved May 2, 1996, as amended by Ordinance Nos. 1445-8-96, 1549-1-97, 1714-4-99, 1741-99, together with all amendments thereto; the Subdivision Ordinance of the City of Allen, Texas, Ordinance No. 1068-12-91, adopted September 5, 1991, as amended by Ordinance Nos. 1102-4-92, 1237-4-94, 1612-7-98, together with all amendments thereto; Article IV, Parkland Dedication, of Chapter 11 of the Code of Ordinances; Articles I, II and III of Chapter 4 of the Code of Ordinances; and Article II, Impact Fees, of Chapter 12 of the Code of Ordinances are hereby amended and recodified as the City of Allen Land Development Code.

The regulations of this Code have been established in accordance with the Comprehensive Master Plan for the purpose of promoting the health, safety and general welfare of the city. The regulations of this Code have been designed to lessen the congestion in streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements, promote the character of areas of the city, limit the uses in areas of the city that are particularly suitable for particular uses, conserve the value of buildings, and encourage the most appropriate use of land throughout the city.

State Law reference— Purposes of zoning power, V.T.C.A., Local Government Code § 211.001; zoning regulations generally, V.T.C.A., Local Government Code § 211.003.

1.

All development and use of land within the corporate limits of the city shall conform to all of the requirements of this Code, unless specifically exempted herein or by law.

2.

All development and use of land within the extraterritorial jurisdiction of the city shall conform to the following provisions of this Code unless specifically exempted herein or by law:

a.

Article VIII, Subdivision Standards;

b.

Article IX, Thoroughfare Plan;

c.

Section 7.09, Signs;

d.

Section 7.06, Tree Preservation.

1.

General. All provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the city council may be fully implemented.

2.

Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. In the computation of time the standard calendar shall be used. The following time-related words shall have the meanings ascribed below.

a.

Day means a calendar day, unless working day is specified.

b.

Week means seven calendar days.

c.

Month means a calendar month.

d.

Year means a calendar year, unless a fiscal year is indicated.

3.

Conjunctions. Unless the context clearly indicates to the contrary, conjunctions shall be interpreted as follows:

a.

And indicates that all connected items, conditions, provisions or events shall apply.

b.

Or indicates that one or more of the connected items, conditions, provisions or events shall apply.

c.

Either…or indicates that the connected items, conditions, provisions, or events shall apply singularly but not in combination.

4.

Delegation of authority. Whenever a provision appears requiring the head of a department or some other officer or employee to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize professional-level subordinates to perform the required act or duty, unless the terms of the provision or section specify otherwise.

5.

Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

6.

Number. A word indicating the singular number only may extend and be applied to several persons and things as well as to one person and thing. The use of the plural number shall be deemed to include any single person or thing, unless the context clearly indicates the contrary.

7.

Public officials, bodies and agencies. All public officials, bodies, and agencies to which reference is made are those of the city, unless otherwise indicated.

8.

Shall and may. The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

9.

Tense. Words used in the past or present tense include the future as well as the past or present, unless the context clearly indicates the contrary.

10.

Text. In case of any difference of meaning or implication between the text of this Code and any illustration or figure, the text shall control.

1.

The regulations of this Code are intended to implement the city's official comprehensive master plan, as such may be amended from time to time. A copy of the plan shall be kept in the office of the city secretary, and it shall be available for public inspection during regular business hours.

2.

Applications for rezoning shall be consistent with the land use categories designated for the property on the future land use map of the comprehensive master plan.

State Law reference— Compliance with comprehensive plan, V.T.C.A., Local Government Code § 211.004.

Certain terms and definitions used in this Code can be found in appendix A.

It is hereby declared to be the intention of the city council of the city that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Code.

1.

Required. Certificates of occupancy shall be required for any of the following:

a.

Occupancy and use of a building hereafter erected or structurally altered.

b.

Change in use of an existing building to a use of a different classification.

c.

Change in the occupancy and use of land to a use of a different classification.

d.

Change in any nonconforming use.

e.

Change in occupant or business within a building.

2.

No use or change of use done before issuance. No such use or change of use shall take place until a certificate of occupancy shall have been issued by the chief building official.

3.

Fees adopted by resolution. Fees for certificates of occupancy shall be adopted by resolution of the city council.

4.

Procedure for new or altered structures. Written application for a certificate of occupancy for a new or the alteration of an existing structure shall be made at the same time as the application for a building permit for such a structure. The certificate shall be issued only after the determination is made that no violation of this Code or any other regulation or ordinance of the city exists following an inspection by the chief building official.

5.

Procedure for vacant land or a change in use. Written application for a certificate of occupancy for the use of vacant land, a change in the use of land, or for change from a nonconforming use to a conforming use shall be made to the chief building official. The certificate shall be issued only after the determination is made that no violation of this Code or any other regulation or ordinance of the city exists following an inspection by the chief building official.

6.

Contents. Every certificate of occupancy shall contain the following:

a.

Permit number;

b.

Address of the building or structure;

c.

The name and address of the owner;

d.

A description of the structure or portion of the structure for which the certificate is issued;

e.

A statement that the structure or portion of the structure has been inspected for compliance with the requirement of the adopted building codes, group and division of occupancy;

f.

The name of the chief building official;

g.

Use or uses allowed; and

h.

Issue date of the certificate of occupancy.

7.

Conditional certificate of occupancy. If the chief building official finds that no substantial hazard will result from occupancy of any structure or portion thereof before the same is completed, a conditional certificate of occupancy may be issued for a period not to exceed six months, for the use of a portion or portions of the structure prior to completion of the entire building or structure. Such conditional certificate of occupancy shall not be construed as in any way altering the respective rights, duties, or other obligations of the owners/tenants relating to the use or occupancy of the premises or any other provision of this Code.

8.

Posting. The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the chief building official.

9.

Revocation. The chief building official may, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this Code whenever the certificate was issued in error, or on the basis of incorrect information supplied, or when it is determined that the structure of portion thereof is in violation of any ordinance or regulation or any provision of this Code or the building codes and other codes adopted by the city, and any amendments thereto.

(Ord. No. 3125-11-12, § 10, 11-27-2012)

Except for fees and charges which are required by federal or state law to be adopted by ordinance, any and all fees and charges proscribed by this Code, whether or not originally adopted by ordinance, shall be adopted or amended by resolution approved by the city council and incorporated into an official schedule of fees, a copy of which shall be placed on file and maintained in the office of the city secretary and made available for public inspection.

(Ord. No. 3105-9-12, § 2, 9-25-2012)

1.

Restrictiveness. Where the regulations imposed herein are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other applicable law, ordinance, resolution, rule or regulation of any kind other than a use or development regulation set forth in an ordinance governing a planned development district, the regulations which are more restrictive and impose higher standards are the requirements that shall govern.

2.

Abrogation. The provisions of these regulations are not intended to abrogate any easement, covenant or other private agreement. Except where the city is a party to the easement, covenant or agreement, where the requirements of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement, the requirements of these regulations shall govern.

3.

Director authority to interpret. Unless otherwise specified within this section, the director shall have the authority to determine the meaning, applicability, and interpretation of any provision of this Code. Any person aggrieved, or any officer, department, board or commission of the city affected by an interpretation of the director may appeal the interpretation to board of adjustment in accordance with section 2.02.

(Ord. No. 3562-3-18, § 1, 3-27-2018)

1.

If a lot is located in two zoning districts, the development and use regulations applicable to the zoning district in which the majority of the area of the lot is located shall apply to the entire lot.

2.

If a lot is located in more than two zoning districts, no permit for the development of such lot shall be granted until the owner of such lot has elected which zoning district regulations will apply to the use and development of the entire lot by delivering written notification of such election to the director of community development. Upon delivery of such notice to the director of community development, the use and development of the lot shall continue to be subject to the regulations of the zoning district elected by the lot owner until such time as an amendment to the zoning regulations relating to the use and development of said lot is enacted.

3.

This section 1.11 shall not apply to a lot for which an application to amend the zoning regulations applicable to such lot was or is made by the owner or developer of the lot when it was known at the time of submission of such application that the lot would be located in different zoning districts or subject to different zoning regulations if such zoning amendment was enacted.

(Ord. No. 3754-6-20, § 1.A, 6-9-2020)

1.

Any person, firm or corporation who violates any provision of this Code shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not to exceed $2,000.00 and each day or portion of a day a violation exists or continues shall constitute a separate and distinct offense.

2.

The penalty provided herein shall be cumulative of other remedies provided by state law as provided in V.T.C.A., Local Government Code § 211.012, and the power of injunction may be exercised in enforcing this Code whether or not there has been a criminal complaint filed.

3.

In addition to the aforementioned penalty, the right is hereby conferred and extended to any property owner owning property in any district where such property may be affected by a violation of the terms of this Code to bring suit in such court or courts having jurisdiction thereof and obtain such remedies as may be available at law or in equity for the protection of the rights of such property owners.

4.

A person may not use land or a structure on land located in the city for other than those uses designated as permitted uses in accordance with the provisions of this Code.

5.

The chief building official may order city or private utilities to be discontinued upon failure to comply with this Code.

6.

This Code may be enforced by the chief building official or any other representative of the city.

(Ord. No. 1984-9-01, 9-6-2001)

State Law reference— Municipal authority to enforce zoning provisions, V.T.C.A., Local Government Code § 211.012.