The following temporary land uses require specific conditions
to be met prior to the issuance of a building permit. These land uses
are listed as C, conditions required, in the schedule of uses, since
they shall meet the specific regulations listed below for each use
prior to being issued a building permit.
(1)
Batch plant regulations, temporary.
(A)
A “temporary batch plant” is defined as a manufacturing
facility for the on-site production of concrete or asphalt that operates
only during the construction of a project, and to be removed in its
entirety upon project completion. Following removal, the tract shall
be returned to its previous condition.
(B)
Applicants for a permit to operate a temporary concrete or asphalt
batching plant shall submit a letter from the Texas Commission on
Environmental Quality (TCEQ) indicating that the proposed facility
is meets the state requirements.
(C)
All stockpiles shall be sprinkled with water or dust suppressant
chemicals, or both, as necessary to achieve maximum control of airborne
dust emissions. The stockpile sprinkler system shall be operable at
all times.
(D)
The facility shall be operated in a manner which mitigates the effect
of dust, noise and odor (including covering trucks, hoppers and chutes,
loading and unloading devices, mixing operation, and maintaining driveways
and parking areas free of dust).
(E)
The facility shall 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.
(F)
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.
(G)
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 during transport.
(H)
Temporary batch plants (including associated stationary equipment
and stockpiles) shall be located at least 500 feet from any recreational
area, school, or residence. 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 onsite
or contiguous to the project.
(I)
The applicant shall clear the site of all equipment, material and
debris upon completion of the project, and return the area as close
to its original state as reasonably possible.
(J)
The facility may operate only between the hours of 7:00 a.m. to 8:30
p.m. Monday through Friday; 8:00 a.m. to 8:30 p.m. on Saturdays; and
1:00 p.m. to 8:30 p.m. on Sundays.
(K)
The permit for temporary concrete and asphalt batch plants shall
contain an expiration date not to exceed 180 days, and shall not be
transferable to any other construction company or individual. Further,
the permit shall be limited to a specific construction project and
shall not be transferable to any other construction project. However,
upon written notice that the construction project remains a working
facility, the director may, at his sole discretion, extend the permit
for an additional time period in which to complete the project.
(L)
The following shall be grounds for the revocation of an issued permit:
(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; or
(iii)
The facility fails to comply with any of the requirements set
forth in this section.
(2)
Construction yard or field office regulations, temporary.
(A)
A “field office” is defined as a temporary building or
structure used in connection with a development or construction project.
(B)
A “construction yard” is associated with a field office
and contains equipment and/or vehicles necessary for construction.
(C)
Electrical connections shall be supplied by overhead or underground
access - no open wiring lying directly on the ground shall be allowed.
(D)
Four (4) parking spaces shall be provided.
(E)
The director shall determine whether or not the proposed location
is appropriate and setbacks have been observed.
(3)
Model home regulations, temporary.
(A)
A “model home” is defined as the temporary use of a new
residential home to display the construction, design, exterior and
interior finishes, and provide a temporary sales office for the homebuilder
and/or real estate agents to sell similar homes within a subdivision.
(B)
The temporary model home shall be located on an approved plat. The
plat need not be filed, but shall be filed prior to the sale of the
model home to the individual owner.
(4)
Open storage regulations, temporary.
(A)
Temporary outdoor storage and display of merchandise is not permitted
to a exceed ninety (90) day duration, unless specifically allowed
by the underlying zoning district or by the approval by the director.
(B)
Open storage shall not be located in any required front, side, or
rear setback and shall not impede vehicle or pedestrian movement on
the site.
(C)
Open storage shall not be located in any parking spaces, except “big
box” stores (i.e. stores greater than 50,000 square feet in
size) may display garden merchandise for sale within excess parking
spaces on a temporary basis. Examples of appropriate merchandise for
this type of parking lot display includes, but is not limited to,
mulch or garden soil bags, bedding plants, saplings, and storage sheds.
Approval of any parking lot open storage or display shall require
a revised site plan showing the location of the open storage or display,
indicating the number of parking spaces required to ensure that the
storage is located in spaces in excess of those required, the type
of merchandise to be displayed or stored, and the duration of the
sale. The director shall approve or disapprove any parking lot storage
or display.
(5)
Open storage regulations, temporary, under eave display.
(A)
“Temporary, under eave storage and display” is defined
as seasonal merchandise that may be placed outside or near the main
entrance of a store and that is on sale or featured as a seasonal
product, such as pumpkins, cords of wood, lawn mowers, barbeque grills,
bedding plants, etc.
(B)
This definition also includes the outdoor, under eave storage of
shopping carts.
(C)
This definition may also be used for the temporary use of food purveyors,
such as hot dog or lemonade stands used as part of a sales promotion.
(D)
Such merchandise may be displayed or sold for the normal duration
of the season, so long as the display is limited to the under eave
area.
(E)
Limited to ten (10) feet from the front facade of the building) so
long as pedestrian and/or vehicular traffic patterns are not impeded.
(F)
A four (4) foot wide clearance shall be provided for a walkway within
the display, if needed, and
(G)
A six (6) foot wide opening shall be provided on the sidewalk leading
to the entrance of the building.
(6)
Portable on-site storage container regulations, temporary.
(A)
A “portable on-site storage container” is defined as
a self-contained, movable storage structure that is delivered to the
residential site by a commercial provider (such as PODS(R)) for a limited duration. These may be used to store
household goods, furniture, and similar items during construction
or in anticipation of moving said household goods to another location.
(B)
The portable on-site storage container permit (which includes the
permit number and expiration date) shall be affixed on the portable
on-demand storage container to be clearly visible from the street
or alley the container faces.
(C)
Maximum of two (2) portable on-site storage containers per lot.
(D)
The portable on-site storage container shall not be located so as
to impede natural movement along sidewalks or rights-of-way.
(E)
Portable on-site storage containers are allowed on the subject property
for no longer than seven (7) consecutive days from time of delivery
to time of removal.
(F)
A portable on-site storage container may be used at various times
on a given site for a period not to exceed twenty-one (21) days in
any 365-day period.
(G)
Portable on-site storage containers shall not be used for retail
sales, any habitable use, or any other principal use.
(H)
Portable on-site storage containers placed shall not exceed eight
and one-half (8-1/2) feet in height, ten (10) feet in width, and twenty
(20) feet in length.
(7)
Seasonal sales regulations.
(A)
“Seasonal sales” are defined as those items that are
typically sold during a specific time of year. The following four
(4) seasonal sales categories may operate for the durations shown
below:
(i)
Holiday items.
Temporary display and sale of cut
holiday trees with incidental sales of holiday decorations and firewood
for a maximum sixty (60) days;
(ii)
Fall items.
Temporary display and sale of pumpkins
with the incidental sale of fall decorations for a maximum of sixty
(60) days; or
(iii)
Winter items.
Temporary display and sale of firewood
with the incidental sale of firewood accessories between October 1st
and March 1st.
(B)
Other types of seasonal sales may be approved for temporary use by
the director.
(C)
A letter from the property owner, allowing the proposed use.
(D)
A tax certificate from the state showing that sales tax is being
collected on site.
(E)
Only one (1) seasonal sales permit is allowed per applicant, per
lot or per calendar year.
(F)
Temporary use of tents, portable buildings (maximum 200 square feet),
or other existing non-conforming structures located on the subject
property is allowed for temporary occupancy, but is required to meet
setbacks and be reviewed and approved by the fire marshal prior to
issuance of a seasonal sales permit.
(G)
One (1) sign is allowed and shall be reviewed and approved prior
to issuance of a seasonal sales permit, per the sign ordinance regulations.
(H)
Any temporary fencing shall be reviewed for location and materials
prior to issuance of a seasonal sales permit.
(I)
Restroom facilities for employees shall be provided either on-site
(e.g. portable toilet), or off-site if within 300 feet of the subject
property and accompanied with a letter of permission from the property
owner.
(J)
The site shall provide safe vehicular access, off-street parking,
and accommodation for the delivery of materials. Vehicular use areas
shall be an all-weather surface, which can include a maintained gravel
surface.
(K)
The scope of the activity cannot encumber required parking spaces
of an adjacent business. However, seasonal sales shall utilize a paved
parking area for display and sales.
(L)
Merchandise shall be neatly organized and not haphazardly piled.
Firewood seasonal sales lasting more than sixty (60) days shall be
orderly stacked and shall not be sold from a trailer, unless used
for customer delivery purposes and parked to mitigate visibility.
(M)
Within ten (10) calendar days following the permit’s expiration,
the site shall be clear of all structures, fencing, signage, trailers,
material, merchandise, and equipment associated with the seasonal
sale operation.
(Ordinance 2019-42 adopted 10/8/19)
