1996-047AN 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
A SF-16 SF-13 SF-10 SF-7 2F MF-R MF-I MF-2 P OAR O NS GR
I I I I II I I II II I Icl Bl"l"'l
TE~O~Y US X X X X X X X X
ES EXCLUD~G
CONCRE~ OR
ASP~T
BATC~G (SEE
DEF~ON)
TE~0~RYUS X X X X X X X X X X X X X X X X X X X
ES CONC~TE OR
ASPH~T BATCH
~G (SEE DEF~I
TION)
*Only for non-ros~dentml PD
SECTION III. That the Code of Ordznances, Denton, Texas, is
hereby amended by adding division slx to Article III of Chapter 35
of the code, which said division reads as follows
DIVISION 6 TEMPOP~ARY 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) ADDllcant 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) Reculred 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 s~zes of temporary
structures
(8) Estimates of dally 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 appllcant has misrepresented any
material fact on his or her application, or
supporting materials
(2) The temporary use falls or ceases to
comply with applicable standards or criteria
for ~ssuance of a permit
(3) The operation of the temporary use v~o-
lates any statute, law, ordinance or regula-
tion
(4) The operation of the temporary use con-
statutes a nuisance or poses a real or poten~
tlal 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 ~nclude, spe-
cific performance standards, no~se m~t~gat~on mea-
sures, l~ght~ng restrictions, restrictions on hours
of operatlon, 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
wlth~n ten (10) days of the decision, by making
written application to the c~ty secretary Alter-
natlvely, e~ther the applicant or the building
offlclal may apply d~rectly to the board of adjust-
ment for a speclal 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
(1) Neither the grant of a temporary use permit,
nor the permlttee's compliance with its terms,
shall constitute a defense to prosecution under any
law or ordinance, other than as stated zn 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
permlttee 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 permlttee's responsibility to fully
comply w~th 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
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) Ella~ble zonlna 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 offzclal may
grant a temporary use permit if the applicant
demonstrates that the temporary use wzll comply
with all applicable laws, ordinances and regula-
tions
Sec. 35-134. Christmas tree sales.
(a) Descr~Dtlon Christmas tree sales encompass
the sale of healthy, non-hazardous, cut or live
evergreen trees, wreaths, and tree stands
(b) Ellqlble 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.
Sac. 35-135. Temporary conorete or asphalt batching plants.
(a) General Reaulrements
(1) Applicants for a permit to operate a
temporary concrete or asphalt batchlng 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) Ail 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 (lnclud~ng, without l~mltat~on,
covering trucks, hoppers and chutes loading
and unloading devices and mlxlng operations,
and malnta~n~ng driveways and parking areas
free of dust)
(4) The facility must produce concrete or
asphalt for the specific subdivision or pro-
]ect s~te upon which it ~s located, and may
not produce concrete or asphalt for any other
unrelated subdivision or project
(5) Spilled cement and fly ash used ~n the
batch shall be cleaned up immediately and
contalned or dampened to m~nlmlze dust emls-
slons 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 f~nal layer of
wet sand, and the truck shall be covered with
a tarp to m~nlmlze the emission of dust under
ex,sting conditions
(7) Temporary concrete hatching plants
cludlng 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 ~s located Th~s distance l~m~tatlon
does not apply to structures w~thln the bound-
aries of the project for which the facility
to pour concrete, provided that the facility
is located on or contiguous to the project
(8) Temporary asphalt batch~ng 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 s~te
PAGE 6
or project w~than the twelve month per~od followzng
the original date of mssuance
(c) Hours of oDeratzon The faczl~ty may operate
only between the hours of 6 00 a m and 8 30
p m , Monday through Frzday, from June 1 to Sep-
tember 30, 7 00 a m and 8 30 p m , Monday through
Fraday from October i 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) Elzqm~le zonmn~ classzf~catmons Temporary
batch plants are elmgmble for permitting ~n all
zonmng dmetrzcts
(e) Revocatmon of permit In addmtlon to the
reasons enumerated zn §35-132 (c), the Buzldmng
Offlcmal may termmnate or revoke a permzt for any
of the followmng reasons
(1) The facml~ty falls to comply wzth any of
the requirements as lasted ~n th~s Sectmon
(2) The facilzty vmolates any of the stan-
dards as lasted on the standard exemptzon lmst
adopted by the Texas Natural Resources Conser-
vatzon Commasszon and amended from time to
t~me
SECTION IV. That zf any sectmon, subsectmon, paragraph, sen-
tence, clause, phrase or word mn thzs ordmnance, or applmcatzon
thereof to any person or czrcumstances zs held znvalzd by any court
of competent jurzsdmctmon, such holdmng shall not affect the va-
lmdmty of the remamnmng portmons of thzs ordmnance, and the Cmty
Councal of the Czty of Denton, Texas, hereby declares at would have
enacted such remamnmng portzons despzte any such mnvalmdmty
SECTION V That any person vzolatmng any prov~smon of thzs
ordznance shall, upon convmctzon, be fmned a sum not exceedmng
$2,000 00 Each day that a provmslon of thms ordmnance Ks vmolated
shall constmtute a separate and dzstznct offense
SECTION VI. That thms ordznance shall become effectmve
fourteen (14) days from the date of mrs passage, and the Cmty
Secretary zs hereby dzrected to cause the captmon of thzs ordmnance
to be publmshed twmce mn the Denton Record-Chronmcle, the offmczal
newspaper of the Czty of Denton, Texas, wzthzn ten (10) days of the
date of zts passage
PASSED AND APPROVED thzs the~'~day of~~__, 1996
PAGE 7
BOB CASTLEBERRY, MAYy ~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 8