2009-101sAour documents\ordinances\09\dca08-0008.doc
ORDINANCE NO. On?- AN
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE TEMPORARY USE
PROVISIONS OF SUBCHAPTER 12 OF THE DENTON DEVELOPMENT CODE, INCLUDING
THE ADDITION OF TEMPORARY STORAGE CONTAINERS AND OTHER PORTABLE
STORAGE UNITS, OCCASIONAL SALES, AND FARMERS MARKETS AS TEMPORARY
USES IN SUBCHAPTER 12; AMENDING SUBCHAPTER 23 OF THE DENTON
DEVELOPMENT CODE TO PROVIDE DEFINITIONS FOR TEMPORARY USES,
TEMPORARY STORAGE CONTAINERS AND OTHER PORTABLE STORAGE UNITS,
CHRISTMAS TREE AND PUMPKIN SALES, FIELD OR CONSTRUCTION OFFICE, SPECIAL
EVENTS AND OCCASIONAL SALES; REPEALING THE DEFINITION OF "OCCASIONAL
SALES" FROM SECTION 35.76, "DEFINITIONS AND EXPLANATIONS" OF THE DENTON
CODE OF ORDINANCES; AND PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE
DATE. (DCA08-0008)
WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of Denton,
Texas adopted the Denton Development Code (the "Development Code") and
WHEREAS, after providing notice and after conducting a public hearing as required by law,
the Planning and Zoning Commission recommended approval of certain changes to Subchapters 12
and 23 of the Denton Development Code.
WHEREAS, after providing notice and after conducting a public hearing as required by law,
the City Council finds that the subject changes to the Development Code are consistent with the
Comprehensive Plan and are in the public interest; 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 as true.
SECTION 2. Subchapters 12 and 23 are amended to reflect the changes outlined in Exhibit
"A", attached and incorporated fully herein by reference; all provisions not changed herein to remain
as written.
SECTION 3. 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 4. If any provision 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 other
provisions or applications, and to this end the provisions of this ordinance are severable.
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SECTION 5. 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.
PASSED AND APPROVED this
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
2009.
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BY:
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EXHIBIT A
Subchapter 35.12.9. of the DDC is amended to read as follows:
A. Purpose
The purpose of this subsection is to allow certain uses on a temporary basis with conditions. The
Building Official may permit temporary uses in accordance with Table 35.12.9 of this code.
B. Revocation. The Building Official may revoke a temporary use permit if it is determined
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 violates any applicable statute, law, ordinance or
regulation; or
4. The operation of the temporary use constitutes a nuisance or poses a real or potential
threat to the health, safety or welfare of the public.
C. Conditions. The Building Official may prescribe reasonable conditions upon a temporary
use permit to protect the public health, safety and general welfare of the community, with
particular attention to areas proximately located to the permitted temporary use. Such
conditions may include specific performance standards, noise mitigation measures, lighting
restrictions, restrictions on hours of operation, odor control measures, off-street parking
requirements, traffic restrictions, and other standards designed to minimize adverse impacts
on surrounding areas.
D. General Provisions.
1. 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.
2. Neither the granting 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, provided that the permittee strictly complies with all permit
requirements and restrictions.
3. The Building Official may condition issuance of a temporary use permit upon either or
both of the following:
a. applicant's demonstration of full compliance with all applicable permitting,
licensing, surety, insurance and performance standards of any governmental,
administrative or regulatory body exercising jurisdiction over the requested
temporary use; and
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b. applicant's posting of bonds or other securities in an amount, and of a type,
reasonably sufficient to remediate, repair and restore any public lands, infrastructure,
or easements, or any public or private floodplains or environmentally sensitive areas,
which could foreseeably suffer damage, directly or indirectly, as a consequence of the
requested temporary use, regardless of whether such damages are actually caused by
the applicant or by third-party participants in the temporary activity.
4. The applicant shall post the permit issued by the City in a prominent location on the site.
5. All temporary uses, except occasional sales, shall comply with the following:
a. Temporary uses shall comply with applicable setback requirements listed in
Subchapter 5, Zoning Districts and Limitations. In situations where temporary
storage containers and other portable storage units are used for loading and unloading
purposes and the only placement location is on an existing driveway, temporary
storage containers and other portable storage units may encroach into a required
setback;
b. Display, sales, and other temporary use-related activities shall be conducted on
private property and not on public land or rights-of-way unless specifically permitted
in writing by the Building Official;
c. Vehicular access points, public roads and rights-of-way, and pedestrian or bicycle
paths shall not be damaged or obstructed. Public roads may be closed for a
temporary special event where specifically authorized by the City Council;
d. Hours of operation shall be compatible with the adjacent land uses;
e. Devices shall be of a temporary nature, movable, and shall not block visibility for
vehicles or pedestrians on or off the lot so as to create a safety hazard;
f. The applicant shall guarantee that all trash and debris generated by the temporary use
will be removed within 24 hours at no expense to the City; and
g. Signs shall comply with all Code requirements.
E. Uses.
1. Temporary Storage Containers and Other Portable Storage Units
a. Temporary storage containers and other portable storage units shall be located on an
improved surface, but may not be located in any part of a fire lane, required parking
space, maneuvering lane, public right-of-way, or visibility triangle.
b. The property where the temporary storage container is located shall contain a
principal structure and the storage container will be considered an accessory to the
principal structure.
Storage containers that are less than 120 square feet, located in a rear yard and are
screened from public view, are not required to obtain a temporary use permit.
2. Farmer's Market
I Christmas Tree and Pumpkin Sales
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4. Occasional Sales
a. No more than three occasional sales may be allowed upon the premises of a
residential dwelling in any twelve-month period (limited to one sale every four
months), with a limit of three days per time per lot.
b. Occasional sale signs indicating the location and date of the occasional sale may not
exceed six square feet in area. No more than one such sign may be located upon the
premises of the occasional sale, and no more than three such signs maybe located off
premises. No such signs may be set out more than 24 hours in advance of the sale
and all must be removed within 24 hours after the final day of the sale.
c. No such occasional sale signs maybe attached to any public property, including, but
not limited to, any light pole, utility pole, signal pole, sign pole, nor may they be
placed or located upon any median of any public street, road or highway.
5. Special Events
a. Permitting decisions shall be made without regard to the content of protected speech.
b. 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 regulations.
6. Field or Construction Office
a. Field or construction offices may only be approved for licensed contractors working
on construction projects for which permits have been issued. They shall be located
on the same property and within the same project area where the work is being done
and shall not encroach into any public right-of-way. Field construction or offices
shall be required to meet all applicable state and local building and set-up codes.
b. Field or construction offices may not be used as residences.
7. Temporary Concrete or Asphalt Batching Plants
a. General requirements.
I. 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 adopted and amended from time to time.
ii. 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.
iii. The facility shall be operated in a manner which eliminates unnecessary dust,
noise and odor (including, with limitation, covering trucks, hoppers and chutes,
loading and unloading devices, mixing operation and maintaining driveways and
parking areas free of dust).
iv. The facility must produce concrete or asphalt for the specific subdivision or
project site upon which it is located, and may not produce concrete or asphalt for
any other unrelated subdivision or project.
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v. 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.
vi. 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.
vii. Temporary concrete batching plants (including associated stationary equipment
and stockpiles) shall be located at least three hundred (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 boundaries of the project for
which the facility is to pour concrete, provided that the facility is located on or
contiguous to the project.
viii. Temporary asphalt batching plants shall be located at least one-half (1/2) 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.
ix. Applicant shall clear the site of all equipment, material and debris upon
completion of the project.
b. Hours of operation. The facility may operate only between the hours of 6:00 am and
8:30 pm, Monday through Friday, from June 1 to September 30; 7:00 am and 8:30
pm, Monday through Friday October 1 to May 31; 8:00 am and 8:30 pm on
Saturdays; and 1:00 pm and 8:30 pm on Sundays.
c. Revocation of permit. In addition to the reasons enumerated above, the building
official may terminate or revoke a permit for any of the following reasons:
The facility fails to comply with any of the requirements as listed in this section;
or
ii. The facility violates any of the standards as listed on the standard exemption list
adopted by the Texas Natural Resources Conservation Commission as amended
from time to time.
F. Permit Renewal.
An applicant may renew, or receive a new permit for the same activity on the same lot in
accordance with the following limitations:
1. Temporary Storage Containers and Other Portable Storage Units: May not exceed
three (3) permits per calendar year, with a limit of 30 days per permit per lot within
residential uses or zoning districts., Temporary storage containers and other portable
storage units located within a non-residential zoning district are allowed one (1) permit a
calendar year, with a limit of 180 days per lot. Properties that have existing temporary
storage containers and other portable storage units prior to the effective date of this
Ordinance will be required to obtain a temporary use permit.
2. Farmers Market: Maximum of 180 days per calendar year per lot
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3. Christmas Tree and Pumpkin Sales: Maximum of 30 days per calendar year per event.
4. Special Events: Maximum of 21 days per calendar year per event.
All other uses not specifically addressed: Maximum of 30 days per calendar year per
lot. Applicants may not obtain a permit for a temporary use for the same lot if that site
has exceeded the time limitation for that calendar year.
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Table 35.12.9 Temporary Uses
Number of
Number of
Temporary Use
Permitted Zoning
Setback
Permits
days per
p
Requirements
Allowed per
Year
Permit
Temporary Storage
Setback requirements
Containers and Other
All Zoning Districts*
by zoning district (see
3
30 days
Portable Storage Units
Subchapter 5)**
Non-residential
Setback requirements
Farmers Market
Zoning Districts
by zoning district (see
1
180 days
Subchapter 5)
Christmas Trees and
Non-residential
Setback requirements
Pumpkin Sales
Zoning Districts
b zoning district
by (see
N/A
30 (per event)
Subchapter 5)
Occasional Sales
Residential Zoning
N/A
N/A
N/A
Districts
Special Events
Non-residential
Setback requirements
by zoning district (see
N/A
21 days
Zoning Districts
Subchapter 5)
(per event)
Field or Construction
Setback requirements
Office
All Zoning Districts
by zoning district (see
Subchapter 5)
Temporary Concrete or
Setback requirements
Asphalt Batching Plant
All Zoning Districts
by zoning district (see
3
60
Subchapter 5)
* Temporary storage containers and other portable storage units located within a non-residential zoning
district are allowed one (1) permit per calendar year, with a limit of 180 days per lot.
Temporary storage containers and other portable storage units may encroach into a required setback.
***Field or construction offices may be approved no sooner than 30 days prior to the start of construction
and shall be removed within 30 days after completion of the work for which the construction permit has
been issued.
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Subchapter 35.23.2. of the DDC is amended to add or replace the following definitions:
Temporary uses: Temporary uses are defined as those activities permitted and described in
Section 35.12.9.
Temporary Storage Containers and Other Portable Storage Units: Temporary storage
containers and other portable storage units used for the storage of items on a property (excluding
use for storing equipment during multi-family dwelling and non-residential alterations and
construction projects).
Christmas Tree and Pumpkin Sales: Christmas tree and pumpkin sales include the sale of
healthy, nonhazardous, cut or live evergreen trees, wreaths, tree stands and pumpkins. Permits
for temporary Christmas tree and pumpkin sales are limited to the non-residential districts.
Field or Construction Office: A temporary modular building located at a construction site
which serves only as an office until the given construction work is completed.
Special Events: A temporary outdoor use on private property that extends beyond the normal
uses and standards allowed by the Denton Development Code. "Special events" include, but are
not limited to, outdoor entertainment, educational and cultural events, art shows, sidewalk sales,
haunted houses, carnivals, fairs, special auto sales, grand openings, festivals, home exhibitions,
and church bazaars.
Subchapter 35.23.2. of the DDC is amended to delete in its entirety the definition of "Garage
Sale" and to add the definition of "Occasional Sales" as follows:
Occasional Sales: Occasional sales are the sale, or offering for sale, of tangible personal
property to the public, upon the premises of an existing residential dwelling, by the owner or
lessee of the residential dwelling. Such sales commonly include garage or yard sales.
The definition of "Occasional Sales" in Section 35.76, "Definitions and Explanations" of the
Denton Code of Ordinances is hereby repealed.
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