§ 35.12.9. Temporary Uses.

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.

The 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

b.

The 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 twenty-four (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.

c.

Storage containers that are less than one hundred twenty (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 and Open Air Market.

3.

Christmas tree and pumpkin sales.

4.

Occasional sales.

a.

No more than three (3)occasional sales may be allowed upon the premises of a residential dwelling in any twelve (12)-month period (limited to one (1) sale every four (4) months), with a limit of three (3) days per time per lot.

b.

Occasional sale signs indicating the location and date of the occasional sale may not exceed six (6) square feet in area. No more than one (1) such sign may be located upon the premises of the occasional sale, and no more than three (3) such signs may be located off-premises. No such signs may be set out more than twenty-four (24) hours in advance of the sale and all must be removed within twenty-four (24) hours after the final day of the sale.

c.

No such occasional sale signs may be 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.

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 (½) 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.

The 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 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.

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:

i.

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 thirty (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 one hundred eighty (180) days per lot. Properties that have existing temporary storage containers and other portable storage units prior to the effective date of the ordinance from which this section is derived will be required to obtain a Temporary Use Permit.

2.

Farmer's Market and Open Air Market: Maximum of 9 months per calendar year.

3.

Christmas tree and pumpkin sales: Maximum of thirty (30) days per calendar year per event.

4.

Special Events: Maximum of twenty-one (21) days per calendar year per event.

5.

All other uses not specifically addressed: Maximum of thirty (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.

Table 35.12.9. Temporary Uses

Temporary Use	Permitted Zoning	Setback Requirements	Number of Permits Allowed per Year	Number of Days per Permit
Temporary Storage Containers and Other Portable Storage Units	All Zoning Districts*	Setback requirements by zoning district (see Subchapter 5)**	3	30 days
Farmer's Market and Open Air Market	Non-residential Zoning Districts	Setback requirements by zoning district (see Subchapter 5)	1	9 months
Christmas Trees and Pumpkin Sales	Non-residential Zoning Districts	Setback requirements by zoning district (see Subchapter 5)	N/A	30 (per event)
Occasional Sales	Residential Zoning Districts	N/A	N/A	N/A
Special Events	Non-residential Zoning Districts	Setback requirements by zoning district (see Subchapter 5)	N/A	21 days (per event)
Field or Construction Office	All Zoning Districts	Setback requirements by zoning district (see Subchapter 5)	***	***
Temporary Concrete or Asphalt Batching Plant	All Zoning Districts	Setback requirements by zoning district (see Subchapter 5)	3	60
* 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 one hundred eighty (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 thirty (30) days prior to the start of construction and shall be removed within thirty (30) days after completion of the work for which the Construction Permit has been issued.