DCA19-0027aS:\Legal\Our pocuments\Ordinances�20�DCA 19-0027 DDC Subchapter S I���tcl� P1ants.Docx
ORDINANCE NO. DCA19-0027a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DENTON
DEVELOPMENT CODE SUBCHAPTER 5, "USE REGULATIONS," RELATED TO SPECIFIC
USE PERMIT REQUIREMENTS AND USE-SPECIFIC STANDARDS FOR TEMPORARY
CONCRETE OR ASPHALT BATCHING PLANTS 1N ALL ZONING DISTRICTS.;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDiNG A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE. (DCA 19-0027a)
WHEREAS, pursuant to Ordinance No. DCA18-0009q, the City Council of the City of
Denton adopted the newly revised 2019 Denton Development Code, the ("DDC"); and
WHEREAS, the City desires to amend Subchapter 5"Use Regulations " of the DDC to
revise the Table of Allowed Uses to permit Temporary Concrete and Asphalt Batching Plants by
right in all �c���ar�g districts with use-specific standards; and
WHEREAS, on January 8, 2020, the Planning and Zoning Commission, in compliance
with the laws of the State of "T"��:a�, gave the requisite notices by publication, held a hearing, and
recommended approval [5-0] of the amendments to the Denton Development Code; and
WHEREAS, on February 4, 2020, the City Council likewise conducted a public hearing in
accordance with local and state law and the City Council hereby finds that the subject amendments
to Subchapter 5 are consistent with the City's comprehensive plan, and federal, state, and local
law are in best interests of the City of Denton; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. The 2019 DDC is amended as set forth in `Bxhibit A," which is attached and
incorporated fully herein by reference.
SECTION 3. Any person, firm, partnership or corporation violating any provision of this
ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by
fine in sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance
is violated, shall constitute a separate and distinct offense.
SECTION 4. If any provisioz� of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of the
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Denton Development Code of Ordinances, as
arnended, in effect when the offense was committed and the former law is continued in effect for
this purpose.
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S:\Legal\Our pocuments\Ordinances�20\DCA 19-0027 DDC Subchapter 5 Batch P1ants.Docx
SECTION 6. In compliance with Section 2.09(c) of the Denton Charter, 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, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the
date of its passage.
T"he motion to approve this Ordinance was made by ��� ^�� ° f�„�¢, ��' and
seconded by ��/�" ,��/��`" ; the Ordinance was passed and approved by
the following vote L7 - � '�:
Chris Watts, Mayor:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
Abstain Absent
PASSED AND APPROVED this the �w _ w_ day of �,� °�� �,�° -��, 2020.
�
��� ..f ,�
�%`�' 1�,.,�""`�',:�''� �
CHRIS WATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: � ._.
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
I:
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Exhibit "A"
Subchapter 5: Use Regulations
5.2 Table of Allowed Uses
Table 5.2-A: Table of Allowed Uses, lists the uses allowed in the base zoning districts. All uses
are defined in Subchapter 9: Definitions. Development or use of a property for any other use not
specifcally allowed in Table 5.2-A: Table of Allowed Uses, or otherwise approved under the
appropriate procedure is prohibited.
5.2.1 Explanation of Table Abbreviations
A. Permitted By-Right Uses
A"P" in a cell indicates that the use is permitted by right in the respective zoning
district. Permitted uses are subject to all other applicable regulations of this DDC.
B. Specific Use Permit Required
An "S" in a cell indicates that the use is only permitted in the respective zoning
district if approved as a specific use in accordance with the procedures in
Subsectian 2.5.2; Spec�fc iJse 1'ermit (SUP).
C. Prohibited Uses
A blank cell indicates that the use is prohibited in the respective zoning district.
D. Use-Specifc Standards
Regardless of whether or not a use is allowed by right or with approval of a specifc
use permit, additional standards may be applicable to that use. Use-specific
standards are identifed and cross-referenced in the last column of Table 5.2-A:
Table of Allowed Uses. Uses marked with a"+" following the "P" or "S" in a
zoning district indicates that use-specific standards apply to that use type in that
zoning district. For example, "P ❑" indicates that a use is permitted by-right, but
that additional standards apply in that zoning district.
5.2.2 Organization of Table
In Table 5.2-A: Table of Allowed Uses, land uses are classified into general use categories and
specific uses based on common functional, product, or physical characteristics such as the type
and amount of activity, the type of customers or residents, how goods or services are sold or
delivered, and site conditions. This classification provides a systematic basis for assigning present
and future land uses into appropriate zoning districts.
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5.2.3 Table of Allowed Uses
5.5.6B. Concrete or Asphalt Batching Plant, Temporary
Permit Requirements
Applicants for a permit to operate a temporary concrete or asphalt batching must submit a letter
from the Texas Commission on Environmental Quality (TCEQ) indicating that the proposed
facility is exempt from the permitting procedures under the standard exemption, as amended.
a. Concrete Batching Plants
i. When both wastewater and stormwater discharges will be generated on-site,
concrete batch plants must be permitted under TCEQ discharge permit
TXG110000.
ii. When only stormwater discharges will be generated on-site, concrete batch
plants may be included in construction stormwater permit TXR150000 for the
construction site, if located at the construction site.
2. Location
a. Temporary concrete batching plants (including associated stationary equipment and
stockpiles) shall be located at least 300 feet from any r��r�eatic-�r��l 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
boundaries of the project for which tl°�e facility is to pour concrete, provided that the facility
is located on or contiguous to the project.
b. Temporary asphalt batching plants shall be located at least one-half mile from any
recreational area, school, or residence, or any other structure not occupied or used
exclusively by the owner of the property upon which the facility is located.
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3. Operational Standards
a. The facility shall be operated in a manner that eliminates unnecessary dust, r��is�:,
and odor (including, with limitation, covering trucks, hoppers and chutes, loading and
unloading devices, mixing operation and maintaining driveways and par�:ing areas free of
dust).
b. 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.
c. Spilled cement and fly ash used in the batch shall be cleaned up immediately and
contained or dampened to minimize dust emissions due to wind erosion and vehicle traffic.
d. All open-bodied vehicles transporting material from a dry batch plant to the paving
mixer shall be loaded with a layer of sand on top, and the truck shall be covered with a tarp
to minimize the emission of dust under existing conditions.
e. The applicant shall clear the site of all equipment, material, and debris upon
completion of the project.
4. 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 September 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; and 1:00 p.m. and 8:30 p.m. on
Sundays.
5. Revocation of Permit
In addition to the criteria established in Subsection 5.5.3D, the Director may terminate or revoke
a temporary use permit for a concrete or asphalt batching plant for any of the following reasons:
a. The facility fails to comply with any of the requirements as listed in this subsection;
or
b. The facility violates any of the standards as listed on the standard exemption list
adopted by the Texas Commission on Environmental Quality (TCEQ), as amended.
6. Additional Approval Required for Off-Site Temporary Batch Plants
A Spe�i�ic Use Permit (SUP) is required for all temporary batching facilities grinding, mixing, or
otherwise preparing concrete, asphalt, or its ingredients or products for transportation to another
site other than the site on which the batching facility is being located.
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