Glenn Heights City Zoning Code
ARTICLE XVIII
TEMPORARY USES AND PERMITS
§ 1 TEMPORARY USES AND PERMITS
XVIII.1.1
Temporary Uses.
The temporary uses addressed in this section shall be permitted, as a Temporary Use Permit, “TUP”, in all zoning district categories unless otherwise indicated in this Ordinance. The applicant for a temporary use permit must meet all of the conditions for such temporary use as set forth in this Section. Temporary use permits may be issued by the City Manager or his/her designee subject to the provisions of this Section. An appeal to the City Council may be made by an applicant whose temporary use permit was denied by the City Manager. The appeal shall be submitted within 10 calendar days of the City Manger’s decision and be in writing and accompanied by the appropriate fee. Any exceptions to the terms and provisions of this Section must be approved by the City Council, which the Council may authorize if it determines that an exception or waiver of the provisions of this Section is warranted due to special conditions. All temporary use permits shall contain a specified time limit for the discontinuance of the temporary use.
XVIII.1.2
Asphalt or Concrete Batching Plant.
A temporary asphalt or concrete batching plant permit may be approved by the City Manager, subject to the conditions of this section. Any exceptions to the following conditions shall require approval of the City Council:
A.
The batching plant site shall comply with all applicable provisions of city, state and federal laws.
B.
The batch plant shall not be located within five hundred feet (500') of an inhabited residence.
C.
Hours of operation and hauling shall be limited to Monday through Friday, 7:00 a.m. to 6:00 p.m. and Saturday, 9:00 a.m. to 5:00 p.m. Aggregate trucks shall be prohibited from hauling to or from the site on Sunday.
D.
The batch plant permit shall be valid for a three-month period. No extensions will be allowed without approval of the City Council.
E.
No portion of the batch plant or its operation shall be located on a public or private street, or on land dedicated to the city for parks and open space.
F.
The batch plant shall only furnish concrete, asphalt, or both, to the specific project for which the temporary permit is issued. The placement of a temporary batching plant for a private project is restricted to the site of the project.
G.
The temporary plant shall be operated in a manner that eliminates unnecessary dust, noise and odor (as illustrated by, but not limited to, covering trucks, hoppers, chutes, loading and unloading devices and mixing operations, and maintaining driveways and parking areas free of dust).
H.
A bond issued to the City of Glenn Heights, in the amount determined by the City Manager or his or her designee, shall be required prior to the issuance of the TUP for the restoration of the site. The site must be clear of all equipment, material and debris as well as all contaminated soil, chemicals and hazardous waste within seven (7) calendar days of completion of the project. In the event the site has been restored the bond will be returned to the applicant. In the event the site has not been restored to the satisfaction of the City Manager, the City will make every attempt to have the repairs complete within a period of one hundred and eighty (180) days thereupon returning any dollar amount in excess of the bond.
I.
A bond issued to the City of Glenn Heights, in an amount determined by the City Manager or his or her designee, shall be required prior to the issuance of the TUP for the repair of all public improvements that are damaged by any and all equipment necessary for and during the operation of the temporary batching plant. The applicant may choose to make the necessary repairs or replacements within thirty (30) calendar days of completion of the project for the return of the bond. In the event these repairs and replacements have not been made to the satisfaction of the City Manager the City will make every attempt to have the repairs complete within a period of one hundred and eighty (180) days thereupon returning any dollar amount in excess of the bond.
J.
Upon issuance and expiration of the temporary permit and cessation of activities, the City Building Official and permittee shall walk the site to verify compliance with these special conditions.
K.
Every attempt should be made by the applicant to ensure that no residential street is utilized for ingress and egress to the batch plant.
XVIII.1.3
Sales Trailer
A.
A temporary permit allowing sales from a modular trailer (mobile office) shall be valid until the issuance of a Certificate of Occupancy for a model home or for one hundred fifty (150) days, whichever comes first. There shall be no extensions of such temporary permit. A trailer shall not be used for living or sleeping purposes.
B.
The trailer must be removed within thirty (30) days after the issuance of a Certificate of Occupancy for a model home or one hundred fifty (150) days, whichever comes first.
C.
The trailer must be single-wide with a maximum length of seventy (70) feet.
D.
The trailer must have ground anchors for every ten feet (10') of the length of the trailer.
E.
The trailer must have skirting around the trailer to conceal the undercarriage.
F.
The trailer must be located in a platted subdivision on a lot which is owned by the applicant, builder, or developer and be located behind the front yard building lot line.
G.
Location of the trailer and landscaping plans must be approved by the City Manager or his/her designee.
H.
At a minimum, landscaping shall include foundation plantings for the front of the trailer to conceal the skirting, and the front yard (twenty-five feet (25') or building line whichever is greater) and side yards (four feet (4') minimum) must be grassed. Side yards must have a one to five (1-5) gallon shrubs every three feet (3') with seasonal flowers between.
I.
A temporary three-foot (3') wide concrete sidewalk to the parking area is required from the trailer to the curb.
J.
Building permit fees for the temporary sales trailer will be required and assessed according to the fee schedule and any necessary utility connection fees shall be paid.
K.
Temporary off-street parking of an approved all-weather surface shall be provided at a minimum rate of two spaces per proposed model home on the same side of the street as the models. Parking must also include at least one hard surface (i.e. concrete, asphalt etc.) parking space for handicap citizens.
L.
Upon issuance and expiration of the temporary permit and cessation of activities, the City Building Official and permittee shall walk the site to verify compliance with these special conditions. Upon the expiration of the temporary permit or the completion of the model home, whichever comes first, the City Building Official and permittee shall walk the site and verify that all temporary facilities have been removed.
XVIII.1.4
Model Homes.
The construction of model homes after approval of the Final Plat and prior to the acceptance of public improvements by the City shall be subject to the conditions of this section. Any exceptions to the following conditions shall require the approval of the City Council:
A.
No model home may be constructed prior to the approval of the Final Plat and issuance of a building permit by the City.
B.
No model home shall be sold until a Final Certificate of Occupancy has been issued for the structure.
C.
The developer/owner shall file a hold harmless agreement, in a form acceptable to the City Attorney, with the City agreeing to fully indemnify and release the City from all claims, suits, judgments and demands against the City which have accrued or which may accrue, and to hold the City harmless from all claims, suits, judgments and demands against the City, either severally or jointly, which have accrued or which may accrue as a result of the improvements, including sidewalks, streets, water and sewer lines, installations of electricity and other utilities, not having been fully inspected and approved by the City.
D.
The hold harmless agreement shall also indicate that the City shall assume no liability for the development or construction of the development or the improvements. The City only grants permission for the construction and showing of the model homes and in no way shall be held liable for the development of the subdivision/project or for any injury or damages which may result from the improvements, including those mentioned in Subsection C of this Section, not having been fully inspected an accepted by the City.
E.
Upon expiration of the temporary permit and cessation of activities, the city building official and permittee shall walk the site to verify compliance with these special conditions.
F.
Failure to fully construct a model home within six (6) months of the issuance of the building permit shall constitute a substandard structure and a public nuisance that may subject the structure to proceedings associated with the repair or demolition of substandard structures and to permit a lien to be placed upon the property.
XVIII.1.5
Seasonal Sales.
A temporary use permit may be issued by the City Manager or his or her designee for a seasonal sales use. The City Manager or his or her designee shall consider each request independently and may or may not approve the request. Temporary Use Permits for seasonal sales shall be subject to the following conditions:
A.
Temporary use permits shall be issued only for the seasonal sales merchandise such as Christmas trees, pumpkins, landscape vegetation and fresh produce.
B.
The outdoor display and sales of seasonal items such as mentioned in Subsection A above shall only be allowed in nonresidential districts.
C.
A temporary permit shall only be issued to any applicant and for any property twice per calendar year and only for thirty (30) day periods.
D.
The use shall not involve more than one tent or temporary building on a lot.
E.
The applicant shall have written permission from the property owner.
F.
No structure or activity relating to the temporary use shall be located within the required yard setbacks, easements, pedestrian walkways or rights-of-way.
G.
All outdoor display shall be removed within two (2) calendar days after the expiration of the permitted time.
H.
Upon both the issuance and expiration of the temporary permit and cessation of activities, the City Building Official and permittee shall walk the site to verify compliance with these special conditions.
XVIII.1.6
Carnival, Circus, Tent Revival or Special Event.
A temporary use permit for a carnival, circus, tent revival or special event may be issued by the City Manager or his or her designee, subject to the following conditions:
A.
Coordination with the City Manager or his or her designee shall begin a minimum of ninety (90) days prior to submission of an application for TUP. Application for a permit shall be made no less than ten (10) business days prior to the date such temporary carnival, circus, tent revival or special event shall commence operation.
B.
The fee for such permit shall be charged according to the fee schedule. Nonprofit organizations shall be exempt from permit fees upon submission of evidence of the nonprofit status of the organization.
C.
The application for a permit shall contain the following:
1.
Name, address and telephone number of person, organization or company conducting the event.
2.
Dates and time of operation of the carnival, circus, tent revival or special event.
3.
A plan showing in detail the different component parts of the temporary carnival, circus, tent revival or special event, including all shows, concessions, amusements, businesses, and the locations of each on the property.
4.
A written lease or agreement from the owner of such property stating permission to the applicant to operate a temporary carnival, circus, tent revival or special event on the property.
5.
A written agreement with the City, signed by all parties, dictating all pertinent understanding regarding reimbursement to the City for expenses incurred relevant to this event.
6.
Proposed location and size of parking area.
7.
Location and quantity of sanitary facilities, including but not limited to toilets and hand washing stations.
8.
The approximate number of persons who are attending and, if applicable, the number and types of animals and vehicles that will constitute such event.
9.
The location and orientation of loudspeakers or sound amplification devices, if any.
10.
Proof of public liability insurance with minimum combined limits of five million dollars ($5,000,000). The City of Glenn Heights shall be named as an additional insured on the policy.
11.
Any other information the City shall deem necessary under the standards for issuance.
D.
Safe and orderly movement of normal vehicular and pedestrian traffic shall not be interrupted. However, street closures may be coordinated with and approved by the City Manager or his or her designee.
E.
The temporary use shall not impede the movement of firefighting equipment, police, ambulances or public works.
F.
Police security (State certified Police Officer) must be provided at the applicant’s expense. However, the Glenn Heights’ Chief of Police shall have the discretionary authority to determine the number of Officers and hours of operation when said Police security shall be necessary.
G.
Waste from animals shall be removed frequently but no less than daily from the premises. Reduction of odor and insurance of a sanitary environment shall determine the frequency of animal waste removal. Animals shall not be kept closer than three hundred feet (300') to any residence or commercial establishment during non-operating hours of such event. Should the event involve the use of wild animals as defined by state law and city ordinances, regulations associated with such animals shall apply and require compliance.
H.
The application shall be reviewed by the Building Official and Police and Fire departments for security, fire and safety related issues.
I.
The permit will be valid for a maximum period of ten (10) consecutive days which time includes event set-up, take-down and clean-up.
J.
The City will review the permit application in conjunction with the City’s Special Event Ordinance as it exists and as it may be amended.
K.
Prior to the opening of the carnival, circus, tent revival or special event and upon expiration of the temporary permit and cessation of activities, the City Building Official and permittee shall walk the site to verify compliance with these special conditions.
XVIII.1.7
Refreshment Stands.
A temporary use permit for a refreshment stand may be issued by the City Manager or his or her designee, subject to compliance with the following conditions:
A.
A portable building may be used on a temporary basis as a refreshment stand for a period not to exceed six (6) months on the same lot or parcel within any consecutive twelve (12) month period, measured from the date of the issuance of the temporary permit.
B.
It shall be the responsibility of the applicant to comply with all provision[s] of this Section.
C.
A deposit in a sum according to the fee schedule shall be required at the time the temporary permit for the refreshment stand is obtained to ensure the removal of the stand if the use is discontinued and the stand is not removed from the site within ten (10) calendar days of the expiration or abandonment of the permit. Such deposit will be refunded once the stand has been removed, prior to ten (10) calendar days after the permit expires, and all other requirements have been met. Failure to timely remove the stand and otherwise comply with these requirements shall cause the deposit to be forfeited and deposited into the City’s general fund.
D.
All other applicable permits relative to providing food service must be obtained and satisfy all applicable state and local regulations associated with food sanitation. Failure to so comply may render the permit null and void and require immediate cessation of food service.
E.
A refreshment stand and all appurtenances thereto, shall comply with all applicable requirements of the zoning district in which it is located. Such facility shall not be required, however, to meet the landscaping, exterior masonry or underground utility requirements of the applicable zoning district.
F.
A refreshment stand may only be located on parking spaces of retail and/or commercial property, provided that such spaces are not necessary to meet the minimum parking requirements of the other uses on the lot or parcel.
G.
A refreshment stand in a portable building shall not be located within, nor encroach upon, a fire lane, maneuvering aisle, vehicle stacking space or required landscaping areas of the lot or parcel upon which the facility is placed. The location of such facility shall comply with all visibility obstruction regulations of the City.
H.
A Site Plan shall be submitted providing a well-delineated “safety” area to keep vehicles from entry into the stand and table area. Such Site Plan shall be prepared to scale and reviewed and approved by the Building Official and the Fire Marshal.
I.
The refreshment stand shall be located on an approved concrete surface.
J.
The refreshment stand shall be no more than a maximum of eight feet by twelve feet (8' x 12') in size.
K.
The refreshment stand shall obtain a health permit and meet all health requirements promulgated by the Dallas or Ellis County (whichever is applicable) health regulations and the Texas State Department of Health and as set forth in the City’s regulations governing same. Failure to so comply shall render the permit null and void and require the immediate cessation of food services.
L.
Upon both the issuance and expiration of the temporary permit and cessation of activities, the City Building Official and permittee shall walk the site to verify compliance with these special conditions.
(Ordinance O-03-09 adopted 4/20/09; Ordinance O-06-21 adopted 7/20/21)