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Home My WebLink About1996-047tempuse5 ord ORDINANCE NO -I —Vl AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTIONS 35-76 AND 35-77 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AND CREATING DIVISION SIX OF ARTICLE III OF CHAPTER 35 TO ALLOW TEMPORARY USES ON A PERMIT BASIS, PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That section 35-76 of the Code of Ordinances of the City of Denton, Texas is hereby amended to add the following to the existing list of definitions, all provisions of section 35-76 not specifically changed herein shall remain intact and in full force and effect Temporary use means a use granted a temporary use permit by the building official in accordance with division 6 of Article III of the chapter SECTION II That section 35-77 of the Code of Ordinances of the City of Denton, Texas is hereby amended to add the following to the existing table of permitted uses, all provisions of section 35-77 not specifically changed herein shall remain intact and in full force and effect Sec. 35-77. Use regulation districts; use of land and buildings. [text of general provisions unchanged] TABLE OF PERMITTED USES TYPE OF USE A I SF-16 SF-13 I SF-10 I SF-7 12F I MF-R I MF-1 I MF-21 P I OAR 10 1 NS I GR I C I CB I LI I HI I PD N TEMPORARY USES, WITH PERMIT (SEE DEFINITION) TEMPORARY US X X X X X X X X ES EXCLUDING CONCRETE OR ASPHALT HATCHING (SEE DEFINITION) TEMPORARY US X X X X X X X X X X X X X X X X X X X ES CONCRETE OR ASPHALT BATCH ING (SEE DEFINI TION) `Only for non-residential PD SECTION III. That the Code of Ordinances, Denton, Texas, is hereby amended by adding division six to Article III of Chapter 35 of the code, which said division reads as follows DIVISION 6 TEMPORARY USES Sec. 35-131. Purpose. The purpose of this article is to authorize the building official to permit certain specified uses in certain specified zoning districts and use classifica- tions for limited periods of time, upon application for permit and satisfaction of predetermined criteria The decision of the building official may be appealed to the board of adjustment, pursuant to §35-42 (a) of the code Sec. 35-132. General provisions. (a) Applicant The applicant for a temporary use permit, if a natural person, shall be at least eighteen (18) years of age If the applicant applies for a permit on land belonging to another, the applicant must provide the building official with a notarized copy of the owner's written con- sent The applicant must be domiciled in Texas or provide a registered agent for service of process within Texas (b) Location No temporary use shall be allowed in the visibility triangle, as defined in §18-196 of the code (c) Recuired information The applicant shall provide the building official with the following information (1) Boundaries and dimensions of site (2) Distance to nearest buildings (3) Distance to adjacent streets and curbs (4) Details of on -site traffic circulation and parking (5) Locations and detailed specifications of necessary electrical sources (6) Locations of available permanent or portable sanitary facilities PAGE 2 (7) Locations, types and sizes of temporary structures (8) Estimates of daily attendance (9) Such other information as requested by the building official, reasonably related to the protection of public health, welfare and safety (d) Revocation of temporary use permit The building official may revoke a temporary use permit if he or she determines that (1) The applicant has misrepresented any material fact on his or her application, or supporting materials (2) The temporary use fails or ceases to comply with applicable standards or criteria for issuance of a permit (3) The operation of the temporary use vio- lates any statute, law, ordinance or regula- tion (4) The operation of the temporary use con- stitutes a nuisance or poses a real or poten- tial threat to the health, safety or welfare of the public (e) The building official may prescribe reasonable conditions upon a temporary use permit to protect the public health, safety, morals, and general welfare of the community, with particular attention to areas proximately located to the permitted temporary use Such conditions may include, spe- cific performance standards, noise mitigation mea- sures, lighting restrictions, restrictions on hours of operation, odor control measures, off-street parking requirements, traffic restrictions, and other standards designed to minimize adverse im- pacts upon surrounding areas (f) The applicant may appeal the building official's decision regarding, or revocation of, a temporary use permit to the board of adjustment within ten (10) days of the decision, by making written application to the city secretary Alter- natively, either the applicant or the building official may apply directly to the board of adjust- ment for a special exception, pursuant to §35-52 of PAGE 3 the code, and consistent with the standards estab- lished within this division (g) Upon expiration or revocation of a temporary use permit, the applicant shall clean the site of all debris, whether generated by the temporary use or not (h) The owner's or applicant's violation of any requirement of this division may be prosecuted or enjoined as a zoning violation Such remedies are cumulative of, and in addition to, other remedies which may exist at law or equity (i) Neither the grant of a temporary use permit, nor the permittee's compliance with its terms, shall constitute a defense to prosecution under any law or ordinance, other than as stated in this subsection A temporary use permit serves only to conditionally permit the temporary use of property in a manner which might otherwise constitute a violation of §35-2 of this code, provided that the permittee strictly complies with all permit re- quirements and restrictions Despite the fact that a temporary use permit may prescribe standards which are either more restrictive or less restric- tive than those imposed by other laws or ordinanc- es, it is the permittee's responsibility to fully comply with all such laws and regulations, whether addressed by the permit or not The city does not warrant that compliance with a temporary use permit will ensure compliance with any other law or ordi- nance Sec. 35-133. Events of public interest. (a) Description Events of public interest in- clude outdoor concerts, carnivals, circuses, and similar temporary events, intended to appeal to the public at large, rather than any specific, targeted group Permitting decisions shall be made without regard to the content of protected speech (b) Eligible zoning classifications Events of public interest are limited to the A, OAR, GR, C, CB, LI, and HI zoning districts, as well as PD zoning districts which are not residential in character or function (c) Maximum duration of permit A permit for an event of public interest may not exceed 21 days in PAGE 4 duration and may not be renewed Only one permit may be issued per event (d) Permit criteria The building official may grant a temporary use permit if the applicant demonstrates that the temporary use will comply with all applicable laws, ordinances and regula- tions Sec. 35-134. Christmas tree sales. (a) Description Christmas tree sales encompass the sale of healthy, non -hazardous, cut or live evergreen trees, wreaths, and tree stands (b) Eligible zoning classifications Permits for temporary Christmas tree sales are limited to the A, OAR, GR, C, CB, LI, and HI zoning districts, as well as PD zoning districts which are not residen- tial in character or function (c) Maximum duration of permit Permits for Christmas tree sales may be effective for any time period between Thanksgiving Day and December 31 of any calendar year (d) Permit criteria The building official may grant a temporary use permit if the applicant demonstrates that the temporary use will comply with all applicable laws, ordinances and regula- tions. Sec. 35-135. Temporary concrete or asphalt batching plants. (a) General Requirements (1) Applicants for a permit to operate a temporary concrete or asphalt batching plant must submit a letter from the Texas Natural Resources Conservation Commission (TNRCC) indicating that the proposed facility is exempt from the permitting procedures under the standard exemption, as adopted and amended from time to time (2) All stockpiles shall be sprinkled with water or dust suppressant chemicals, or both, as necessary to achieve maximum control of dust emissions The stockpile sprinkler system shall be operable at all times PAGE 5 (3) The facility shall be operated in a man- ner which eliminates unnecessary dust, noise and odor (including, without limitation, covering trucks, hoppers and chutes loading and unloading devices and mixing operations, and maintaining driveways and parking areas free of dust) (4) The facility must produce concrete or asphalt for the specific subdivision or pro- ject site upon which it is located, and may not produce concrete or asphalt for any other unrelated subdivision or project (5) Spilled cement and fly ash used in the batch shall be cleaned up immediately and contained or dampened to minimize dust emis- sions due to wind erosion and vehicle traffic (6) All open -bodied vehicles transporting material from a dry batch plant to the paving mixer shall be loaded with a final layer of wet sand, and the truck shall be covered with a tarp to minimize the emission of dust under existing conditions (7) Temporary concrete batching plants (in- cluding associated stationary equipment and stockpiles) shall be located at least 300 feet from any recreational area, school, residence or other structure not occupied or used solely by the owner of the property upon which the facility is located This distance limitation does not apply to structures within the bound- aries of the project for which the facility is to pour concrete, provided that the facility is located on or contiguous to the project (8) Temporary asphalt batching plants shall be located at least one half mile from any recreational area, school, residence or other structure not occupied or used solely by the owner of the property upon which the facility is located (9) Applicant shall clear the site of all equipment, material and debris upon completion of the project (b) Maximum duration of permit A permit shall be valid for a period not to exceed 60 days No more than three permits may be issued for the same site PAGE 6 or project within the twelve month period following the original date of issuance (c) Hours of operation The facility may operate only between the hours of 6 00 a m and 8 30 p m , Monday through Friday, from June 1 to Sep- tember 30, 7 00 a m and 8 30 p m , Monday through Friday from October 1 to May 31, 8 00 a m and 8 30 p m on Saturdays, 1 00 p m and 8 30 p m on Sundays (d) Eligible zoning classifications Temporary batch plants are eligible for permitting in all zoning districts (e) Revocation of permit In addition to the reasons enumerated in §35-132 (c), the Building Official may terminate or revoke a permit for any of the following reasons (1) The facility fails to comply with any of the requirements as listed in this Section (2) The facility violates any of the stan- dards as listed on the standard exemption list adopted by the Texas Natural Resources Conser- vation Commission and amended from time to time SECTION IV. That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the va- lidity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity SECTION V That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION VI. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the day of 1996 PAGE 7 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 8