Pflugerville City Zoning Code

4.7 Temporary

Uses, Structures, and Permits

4

4.7.1 General Provisions.

All temporary uses and structures shall comply with the following general provisions, as applicable.

A.
Temporary uses shall comply with all applicable City ordinances relating to public nuisances, noise, signage, lighting, building, plumbing, electrical, fire safety, temporary food establishments, peddlers and solicitors, etc. Notwithstanding the provisions of this section, additional development permits may be required depending on the scope of the temporary use or structure.
B.
Temporary uses, or components thereof, and temporary structures shall not be located within or cause interference with driveways, alleys, fire lanes, fire department connections (FDC), fire hydrants, public roads, or sidewalks.
C.
The property owner shall be responsible for ensuring the site is kept clear of litter and debris at all times, and the site is returned to its previous condition upon the cessation of the temporary use or structure.
D.
A temporary food establishment permit issued by the health department shall be required for any selling/handling of on-site prepared food to ensure the health, safety, and welfare of the public. These provisions do not apply to the sale of prepackaged, sealed food(s) or cottage food pursuant to State law.
E.
All tents or similar temporary structures that are 400 square feet or greater or are enclosed shall be approved by the fire marshal, prior to erection and inspected once constructed through a Temporary Use Permit.
F.
Off-street parking associated with a temporary use must be provided on an improved surface unless approved otherwise by the Planning Director and the fire marshal through a Temporary Use Permit. The Planning Director may only consider parking on an unimproved surface when provided with concurrence by the owner that any impacted soil resulting from parking on an unimproved surface will be cleaned for any spill/leak from a vehicle by removing all impacted soils and contain for proper disposal.

[Ord. # 1436-20-03-10, Amend Sec. 4.7, 03/10/2020]

Effective on: 3/10/2020

4

4.7.2 Types of Permitted Temporary Uses and Structures

The temporary uses and structures below are permitted with certain controls in order to ensure compatibility with other uses in the zoning district within which the temporary uses or structures are proposed to locate. Temporary uses and structures not specifically articulated or classified in this section shall require a Temporary Use Permit or another applicable development permit. The following temporary uses and structures are permitted with conditions provided in this section:

A.
Garage Sales
B.
Temporary Outdoor Sales of Seasonal Products
Temporary sales of seasonal products may be allowed subject to the following provisions:
1. 1.
  Temporary outdoor sales of seasonal products do not require a Temporary Use Permit provided it satisfies the general provisions per Section 4.7.1 and the conditions in this section.
2. 2.
  It shall be permitted in areas with a base zoning of R, GB-1, GB-2, CL-4, and CL-5, or any public property or any place of worship property.
3. 3.
  It shall be generally self-sufficient with regards to water, sewer, and electricity. Temporary connections to potable water and sanitary sewer are prohibited. Electricity shall be from a generator or an approved electrical outlet via an approved portable cord that is in conformance with the electrical code as adopted by the City.
4. 4.
  It shall be subject to a maximum duration of 45 consective days per calendar year.
5. 5.
  Display and sales of Christmas trees may not begin prior to November 15th, and the property must be cleaned and vacated by January 1st.
C.
Nonprofit Seasonal Fundraisers
Nonprofit seasonal fundraisers hosted by a nonprofit or charitable group shall be permitted with the following provisions:
1. 1.
  Nonprofit seasonal fundraisers do not require a Temporary Use Permit provided it satisfies the general provisions per Section 4.7.1 and the conditions in this section.
2. 2.
  This section shall apply to only seasonal or periodic fundraisers conducted by nonprofit or charitable groups. Examples of fundraiser events permitted under this section are pumpkin sales, booster club carwashes, and public school-sponsored concessions.
3. 3.
  It shall be generally self-sufficient with regards to water, sewer, and electricity. Temporary connections to potable water and sanitary sewer are prohibited. Electricity shall be from a generator or an approved electrical outlet via an approved portable cord that is in conformance with the electrical code as adopted by the City.
4. 4.
  The outdoor sale of used clothing, accessories, furniture, household, or sporting goods is prohibited, except for places of worship or school-sponsored on-site events, not to exceed a duration of two (2) consecutive days.
5. 5.
  Nonprofit seasonal fundraisers with the any temporary outdoor sale of seasonal products shall be subject to a maximum duration of 45 consecutive days per calendar year.
D.
Farmers’ Markets
A farmers’ market may be allowed; however, it shall require a Temporary Use Permit and satisfy the general provisions in Section 4.7.1 and the following provisions:
1. 1.
  Farmers’ markets shall be permitted on public properties and civic spaces approved by the Planning Director, and private property within the PF, A, R, GB-1, GB-2, CL4, or CL5 Districts and in the Downtown District Overlay;
2. 2.
  It shall be certified by the Texas Department of Agriculture;
3. 3.
  It shall be generally self-sufficient with regards to water, sewer, and electricity. Temporary connections to potable water and sanitary sewer are prohibited. Electricity shall be from a generator or an approved electrical outlet via an approved portable cord that is in conformance with the electrical code as adopted by the City;
4. 4.
  Adequate on-site restroom facilities and solid waste containers shall be required; and
5. 5.
  It shall be subject to a maximum duration of two days per week.
E.
Tents and Canopies
1. 1.
  All tents, canopies, or similar temporary structures that are 400 square feet or greater, or are enclosed, shall be approved by the fire marshal, prior to erection and will be required to be inspected once constructed through a Temporary Use Permit.
2. 2.
  All tents, canopies, and other similar temporary structures may only be used pursuant to the Fire Code.
3. 3.
  All tents, canopies, and other similar temporary structures shall not be within 20’ of any lot line, building, a parked or moving car, or any internal combustion engine unless otherwise approved by the fire marshal.
4. 4.
  No open flame or grease-laden vapor appliances shall be used for heating or cooking under a tent or canopy or other similar temporary structures nor within 20’ of the canopy or tent unless otherwise approved by the fire marshal.
F.
Temporary uses, buildings, facilities, and equipment incidental to construction
1. 1.
  Temporary uses incidental to construction do not require a Temporary Use Permit provided it satisfies the general provisions per Section 4.7.1 and the conditions in this section and are associated with approved development permit(s).
2. 2.
  Temporary buildings and equipment for uses incidental to construction work on-premises are permitted in any zone but shall be removed upon the completion or abandonment of construction work. Temporary buildings shall not be located on any public street or public right-of-way at any time during construction.
3. 3.
  Temporary outdoor storage of inventory displaced by the expansion, remodel, or reconstruction shall only be authorized by a Temporary Use Permit.
4. 4.
  The parking of construction equipment or motor vehicles associated with construction shall comply with the provisions of Section 71.04 of the Code of Ordinances.
G.
Temporary Portable Storage Units
Temporary portable storage units are subject to the following regulations:
1. 1.
  Location.
  1. a.
    Shall be located on an improved paved surface such as a paved driveway or parking lot;
  2. b.
    Are prohibited in any right-of-way or easement;
  3. c.
    Shall not be situated in a sight triangle or in a location that will impair the line of sight for pedestrian and vehicular travel on a public street;
  4. d.
    Shall not be situated within a Fire Lane, obstruct access to a Fire Department Connection (FDC) or be located within three (3) feet of a fire hydrant; and
  5. e.
    Shall not be located within the Downtown District Overlay.
2. 2.
  Residential Conditions.
  1. a.
    A temporary portable storage unit associated with a residential use shall not require a Temporary Use Permit provided that it satisfies the location requirements and conditions of use provided in this section.
  2. b.
    No more than one (1) temporary portable storage unit shall be allowed per dwelling unit on any residential lot and shall not remain on-site for more than seven (7) consecutive days.
  3. c.
    No more than four (4) temporary portable storage units may be placed on a residential lot per calendar year, and there shall be a minimum of sixty (60) days between such placement of each unit.
  4. d.
    Temporary portable storage units shall not be used in conjunction with a Home Occupation.
  5. e.
    No temporary portable storage unit shall exceed a height of eight feet (8'), a width of eight feet (8'), or floor area of 128 square feet unless otherwise authorized by the Planning Director through a temporary use permit.
3. 3.
  Non-residential Conditions.
  1. a.
    A temporary, portable storage unit associated with a non-residential use shall require a Temporary Use Permit and satisfy the location requirements and conditions of use provided in this section.
  2. b.
    No more than four (4) temporary portable storage units may be placed on a non-residential lot per calendar year, and there shall be a minimum of sixty (60) days between such placement of each unit unless the site is undergoing active construction and then the unit(s) may remain while construction is ongoing.
  3. c.
    No temporary portable storage unit shall exceed a height of eight feet (8'), a width of eight feet (8'), or floor area of 128 square feet unless otherwise authorized by the Planning Director.
H.
Temporary Residential Sales Offices and Model Homes
The following regulations shall apply to temporary residential sales offices and model homes within residential zoning districts:
1. 1.
  A Temporary Use Permit is not required; however, other development permits shall be required, as applicable. (e.g., building, electrical, and plumbing permits.)
2. 2.
  May be located within a residential district as part of an ongoing residential development; however, they shall only be located on the periphery of a subdivision or at the entrance to a subdivision.
3. 3.
  Temporary residential sales offices, not otherwise serving as a model home, are not subject to design standards of this Chapter.
4. 4.
  Shall be either a model home or temporary structure that will operate for a period of time determined by the operator and the Building Official.
5. 5.
  Shall be removed or converted to a use permitted within the district when certificates of occupancy have been issued to 95 percent of the associated residential units or when the use as a sales office or model home has ceased, whichever is earlier.
6. 6.
  Model homes for new subdivisions shall only be occupied for residential habitation after all business activities have ceased and upon the sale of the home.
I.
Mobile Food Vendors
1. 1.
  Mobile Food Vendors (MFV) shall be permitted as temporary uses in the following scenarios without a Temporary Use Permit provided it satisfies the general provisions of Section 4.7.1 and the conditions in this section:
  1. a.
    As an authorized vendor at City-sponsored events and public park concessions;
  2. b.
    As an authorized vendor or caterer at a special event for a maximum period of seventy-two (72) hours, but no more than twelve (12) hours per day; or
  3. c.
    As a temporary shaved ice establishment limited to 180 days per calendar year at a particular location.
2. 2.
  Mobile Food Vendors (MFV) shall be subject to the following general conditions:
  1. a.
    A MFV shall provide proof of a valid mobile food permit or temporary food establishment permit from the City’s public health provider and prominently displayed at all times;
  2. b.
    A MFV shall comply with all applicable requirements from the City, County, and State including, but not limited to the Texas Food Establishment Rules, and sales tax requirements;
  3. c.
    A MFV shall have written approval from the property owner or tenant to be located on-site, and such site shall be registered with the City to host mobile food vendors;
  4. d.
    All MFV vehicles shall clearly identify the business name and a valid contact telephone number on both sides of the vehicle;
  5. e.
    A MFV shall be generally self-sufficient with regards to water, sewer, and electricity. Temporary connections to potable water and sanitary sewer are prohibited. Electricity shall be from a generator or an approved electrical outlet via an approved portable cord that is in conformance with the Electrical Code as adopted by the City. When portable extension cords are used, they shall not be installed or placed where they may be subject to pedestrian traffic unless provided with appropriate protection as approved by the field inspector;
  6. f.
    A MFV shall be required to have permission to utilize the restroom facilities of the principal use unless otherwise provided by an alternative means;
  7. g.
    A MFV shall arrange solid waste management with the principal use, or otherwise be solely responsible for the cleanup and proper disposal of all trash associated with the use;
  8. h.
    A MFV shall not provide for a drive-thru, drive-up window, or similar apparatus; however, this does not preclude a MFV from having a walk-up service window;
  9. i.
    A MFV shall not be permitted to: block a drive aisle, locate on or block a sidewalk, be parked on a public street unless otherwise approved by the City;
  10. j.
    A MFV may have one (1) “A-frame” sign, not to exceed three (3) feet in height, immediately adjacent to their vehicle for the purpose of displaying a menu or special advertisement;
  11. k.
    A MFV shall be permitted to utilize string lights or similar to enhance the customer ambience provided the connections shall adhere to the UL standards and shall not be placed in a manner which would create a safety issue. The following lighting types shall be prohibited: any wall pack light, any strobe, rotating, flashing, color-changing, up lighting not otherwise contained by an overhead awning, spotlight, fog light, headlight, or any similar lighting that may provide a commonly perceived distraction to entice patronage to a passerby as determined by the Planning Director;
  12. l.
    A MFV utilizing sound to encourage patronage shall be subject to and comply with noise requirements outlined in Chapter 94 of the Code of Ordinances. Use of a horn by a MFV to encourage patronage shall be prohibited and considered a nuisance; and
  13. m.
    A MFV shall be subject to Chapter 111. Peddlers and Solicitors of the Code of Ordinances.
3. 3.
  Mobile Food Vendors (MFV) shall be subject to the following fire safety requirements:
  1. a.
    A MFV operating out of a motor vehicle or trailer shall provide proof of a fire inspection from Travis County, approved within the last year.
  2. b.
    A MFV shall not block or obstruct a designated fire lane, or impede access to a fire hydrant, a Fire Department Connection (FDC), or any other fire service features as determined by the Fire Department.
  3. c.
    There shall be a minimum of ten (10) feet of separation between each individual MFV, and a minimum of twenty (20) feet of separation between any MFV and a permanent on-site structure.
  4. d.
    Generators must be located so they cannot be accessed by the public. In situations with limited site layout, generators may be separated from the public by a physical guard/barrier. Generators must be shut down prior to refueling. Refueling must be conducted only during non-business hours. Refueling must be done at least 20’ away from the food truck.
  5. e.
    A MFV shall have one 2A10BC fire extinguisher, properly maintained and affixed with a current inspection tag confirming its status.
  6. f.
    A MFV utilizing solid fuel cooking (wood, charcoal, pellets, etc.) or cooking methods that produce grease-laden vapors will be required to have a Class K fire extinguisher in addition to the 2A10BC fire extinguisher.
  7. g.
    A MFV utilizing propane fuel for cooking shall be limited to no more than an aggregate of 84 pounds of propane.
  8. h.
    A MFV utilizing propane fuel shall be equipped with a leak detection device.
J.
On-Site Special Events
1. 1.
  On-site special events shall be permitted as temporary uses without a Temporary Use Permit provided it satisfies the general provisions of Section 4.7.1 and the conditions provided in this section. This section does not apply to special events held by the City on publically-owned or managed land.
2. 2.
  On-site special events shall be subject to the following conditions:
  1. a.
    The event holder shall have permission from the property owner to hold the special event on-site;
  2. b.
    The special event shall not interfere with the safe and orderly movement of pedestrian or vehicular travel within public rights-of-way near the site and on-site;
  3. c.
    The event holder shall provide for adequate health and sanitation facilities;
  4. d.
    With the exception of property within the Downtown District Overlay where on-street public parking is available, special events shall provide for adequate off-street parking to accommodate the event and other temporary and primary uses on-site;
  5. e.
    The operation shall be generally self-sufficient with regards to water, sewer, and electricity. Temporary connections to potable water and sanitary sewer are prohibited. Electricity shall be from a generator or an approved electrical outlet via an approved portable cord that is in conformance with the electrical code as adopted by the City.
  6. f.
    Adequate on-site restroom facilities solid and waste containers shall be required; and
  7. g.
    The duration of the special event shall be limited to a maximum period of seventy-two (72) hours, but no more than twelve (12) consecutive hours per day.
3. 3.
  A Special Event shall require a Temporary Use Permit if such event
  1. a.
    Will be conducted primarily outdoors; and
  2. b.
    Interferes with the safe and orderly movement of pedestrian or vehicular travel within public rights-of-way near the site and on-site; or
  3. c.
    Requires special city services, including but not limited to, street closure, provisions of barricades, traffic control, special parking arrangements, special electrical services or special police services.
4. 4.
  Where the fire marshal determines that an indoor or outdoor gathering of persons has an adverse impact on public safety through diminished access to buildings, structures, fire hydrants and fire apparatus access roads or where such gatherings adversely affect public safety services of any kind, the fire marshal shall have the authority to require the development of or prescribe a public safety plan that provides an approved level of public safety and addresses the following items: 1.) Emergency vehicle ingress and egress, 2.) Fire Protection, 3.) Emergency egress or escape routes, 4.) Emergency medical services, 5.) Public assembly areas, 6.) The directing of both attendees and vehicles, including the parking of vehicles, 7.) Vendor and food concession distribution, 8.) The need for the presence of law enforcement, 9.) The need for fire and emergency medical services personnel.
K.
Other Temporary Uses and Structures
Temporary uses and structures not specifically classified or that do not meet the conditions of the temporary uses and structures provided in the section may be authorized through a Temporary Use Permit with approval criteria in this section.
1. 1.
  Land use compatibility. The temporary use shall be compatible with the purpose and intent of this Code and the zoning district in which it will be located. The temporary use shall not impair the normal, safe, and effective operation of a permanent use on the same site. The temporary use shall not endanger or be materially detrimental to the public health, safety or welfare, or injurious to property or improvements in the immediate vicinity of the temporary use, given the nature of the activity, its location on the site, and its relationship to parking and access points.
2. 2.
  Compliance with other regulations. All structures and the site as a whole shall meet all applicable building code, zoning district, and fire code standards and shall be promptly removed upon the cessation of the use or event. Upon cessation of the event or use, the site shall be returned to its previous condition (including the removal of all trash, debris, signage, attention attracting devices, or other evidence of the special event or use).
3. 3.
  Hours of operation and duration. The duration and hours of operation of the temporary use shall be consistent with the intent of the event or use and compatible with the surrounding land uses. The duration and hours of operation shall be established by the Planning Director at the time of approval of the Temporary Use Permit.
4. 4.
  Traffic circulation. The temporary use shall not cause undue traffic congestion or accident potential, as determined by the City Engineer, given anticipated attendance and the existing design of adjacent streets, intersections, and traffic controls.
5. 5.
  Off-street parking. Adequate off-street parking shall be provided for the temporary use, and it shall not create a parking shortage for any of the other existing uses on the site. In the Downtown District Overlay, on-street parking may be used to address the adequacy of parking for the temporary use or event.
6. 6.
  Public conveniences and litter control. Adequate on-site restroom facilities and waste containers may be required. The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed at no expense to the city.
7. 7.
  Appearance and nuisances. The temporary use shall be compatible in intensity, appearance and operation with surrounding land uses in the area, and it shall not impair the usefulness, enjoyment or value of adjacent property due to the generation of excessive noise, dust, smoke, glare, spillover lighting, or other forms of environmental or visual pollution.

[Ord. # 1436-20-03-10, Amend Sec. 4.7, 03/10/2020]

Effective on: 3/10/2020

4

4.7.3 Temporary Use Permit

A.
Applicability. A Temporary Use Permit is required pursuant to Sections 4.7.1, 4.7.2 and 4.7.3, subject to approval by the Fire Marshal and the Planning Director.
B.
Application Submittal Requirements
1. 1.
  An application shall be made at least fifteen (15) days in advance of the requested start date for a temporary use or event.
2. 2.
  A completed application providing for the following, as applicable:
  1. a.
    The name and address of the applicant;
  2. b.
    The name and address of the sponsor or organization represented by the applicant, as applicable;
  3. c.
    Written permission from the property owner for the dates, times, and activities approved by the owner to be conducted on the premises;
  4. d.
    The kinds of goods to be sold or services to be offered at the event or with the temporary use;
  5. e.
    The dates and times of the event or temporary use;
  6. f.
    The location of the event or temporary use; and
  7. g.
    The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed at no expense to the city.
3. 3.
  A general site plan is required with a Temporary Use Permit application showing the following, as applicable:
  1. a.
    Adequate parking for temporary use;
  2. b.
    Site location and layout;
  3. c.
    Traffic access and circulation planned;
  4. d.
    Show locations of structures, fire lanes, fire department connections (FDC), fire hydrants, streets, alleys, drive aisles, driveways, and temporary fencing with entry and exit gates;
  5. e.
    Show the footprint of any building, location of building exits, sidewalks, and pathways;
  6. f.
    Location of tents or temporary structures including dimensions;
  7. g.
    Food trucks, vendors and merchandise areas;
  8. h.
    Location of outdoor grills, fryers, or smoker pad sites;
  9. i.
    Size and location of any stages;
  10. j.
    Dimensions and distances of proposed site elements from other site elements, as required by this Chapter and the Fire Code; and
  11. k.
    Any other details relating to the specifics of the temporary use or event.
C.
Review and Action
1. 1.
  The Planning Director shall determine whether to approve, approve with conditions, or disapprove the permit within ten (10) days after the date of application and shall determine the length of time that the permit is valid.
2. 2.
  The Planning Director may establish conditions of approval deemed necessary to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including but not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening/buffering, and guarantees for site restoration and cleanup following the temporary use.
3. 3.
  Where an application has been disapproved by the Planning Director, the applicant shall be notified in writing of the reasons for the disapproval.

[Ord. # 1436-20-03-10, Amend Sec. 4.7, 03/10/2020]

Effective on: 3/10/2020

Pflugerville City Zoning Code

4.7 Temporary

Uses, Structures, and Permits

4

4.7.1 General Provisions.

All temporary uses and structures shall comply with the following general provisions, as applicable.

A.
Temporary uses shall comply with all applicable City ordinances relating to public nuisances, noise, signage, lighting, building, plumbing, electrical, fire safety, temporary food establishments, peddlers and solicitors, etc. Notwithstanding the provisions of this section, additional development permits may be required depending on the scope of the temporary use or structure.
B.
Temporary uses, or components thereof, and temporary structures shall not be located within or cause interference with driveways, alleys, fire lanes, fire department connections (FDC), fire hydrants, public roads, or sidewalks.
C.
The property owner shall be responsible for ensuring the site is kept clear of litter and debris at all times, and the site is returned to its previous condition upon the cessation of the temporary use or structure.
D.
A temporary food establishment permit issued by the health department shall be required for any selling/handling of on-site prepared food to ensure the health, safety, and welfare of the public. These provisions do not apply to the sale of prepackaged, sealed food(s) or cottage food pursuant to State law.
E.
All tents or similar temporary structures that are 400 square feet or greater or are enclosed shall be approved by the fire marshal, prior to erection and inspected once constructed through a Temporary Use Permit.
F.
Off-street parking associated with a temporary use must be provided on an improved surface unless approved otherwise by the Planning Director and the fire marshal through a Temporary Use Permit. The Planning Director may only consider parking on an unimproved surface when provided with concurrence by the owner that any impacted soil resulting from parking on an unimproved surface will be cleaned for any spill/leak from a vehicle by removing all impacted soils and contain for proper disposal.

[Ord. # 1436-20-03-10, Amend Sec. 4.7, 03/10/2020]

Effective on: 3/10/2020

4

4.7.2 Types of Permitted Temporary Uses and Structures

A.
Garage Sales
B.
Temporary Outdoor Sales of Seasonal Products
Temporary sales of seasonal products may be allowed subject to the following provisions:
1. 1.
  Temporary outdoor sales of seasonal products do not require a Temporary Use Permit provided it satisfies the general provisions per Section 4.7.1 and the conditions in this section.
2. 2.
  It shall be permitted in areas with a base zoning of R, GB-1, GB-2, CL-4, and CL-5, or any public property or any place of worship property.
3. 3.
  It shall be generally self-sufficient with regards to water, sewer, and electricity. Temporary connections to potable water and sanitary sewer are prohibited. Electricity shall be from a generator or an approved electrical outlet via an approved portable cord that is in conformance with the electrical code as adopted by the City.
4. 4.
  It shall be subject to a maximum duration of 45 consective days per calendar year.
5. 5.
  Display and sales of Christmas trees may not begin prior to November 15th, and the property must be cleaned and vacated by January 1st.
C.
Nonprofit Seasonal Fundraisers
Nonprofit seasonal fundraisers hosted by a nonprofit or charitable group shall be permitted with the following provisions:
1. 1.
  Nonprofit seasonal fundraisers do not require a Temporary Use Permit provided it satisfies the general provisions per Section 4.7.1 and the conditions in this section.
2. 2.
  This section shall apply to only seasonal or periodic fundraisers conducted by nonprofit or charitable groups. Examples of fundraiser events permitted under this section are pumpkin sales, booster club carwashes, and public school-sponsored concessions.
3. 3.
  It shall be generally self-sufficient with regards to water, sewer, and electricity. Temporary connections to potable water and sanitary sewer are prohibited. Electricity shall be from a generator or an approved electrical outlet via an approved portable cord that is in conformance with the electrical code as adopted by the City.
4. 4.
  The outdoor sale of used clothing, accessories, furniture, household, or sporting goods is prohibited, except for places of worship or school-sponsored on-site events, not to exceed a duration of two (2) consecutive days.
5. 5.
  Nonprofit seasonal fundraisers with the any temporary outdoor sale of seasonal products shall be subject to a maximum duration of 45 consecutive days per calendar year.
D.
Farmers’ Markets
A farmers’ market may be allowed; however, it shall require a Temporary Use Permit and satisfy the general provisions in Section 4.7.1 and the following provisions:
1. 1.
  Farmers’ markets shall be permitted on public properties and civic spaces approved by the Planning Director, and private property within the PF, A, R, GB-1, GB-2, CL4, or CL5 Districts and in the Downtown District Overlay;
2. 2.
  It shall be certified by the Texas Department of Agriculture;
3. 3.
  It shall be generally self-sufficient with regards to water, sewer, and electricity. Temporary connections to potable water and sanitary sewer are prohibited. Electricity shall be from a generator or an approved electrical outlet via an approved portable cord that is in conformance with the electrical code as adopted by the City;
4. 4.
  Adequate on-site restroom facilities and solid waste containers shall be required; and
5. 5.
  It shall be subject to a maximum duration of two days per week.
E.
Tents and Canopies
1. 1.
  All tents, canopies, or similar temporary structures that are 400 square feet or greater, or are enclosed, shall be approved by the fire marshal, prior to erection and will be required to be inspected once constructed through a Temporary Use Permit.
2. 2.
  All tents, canopies, and other similar temporary structures may only be used pursuant to the Fire Code.
3. 3.
  All tents, canopies, and other similar temporary structures shall not be within 20’ of any lot line, building, a parked or moving car, or any internal combustion engine unless otherwise approved by the fire marshal.
4. 4.
  No open flame or grease-laden vapor appliances shall be used for heating or cooking under a tent or canopy or other similar temporary structures nor within 20’ of the canopy or tent unless otherwise approved by the fire marshal.
F.
Temporary uses, buildings, facilities, and equipment incidental to construction
1. 1.
  Temporary uses incidental to construction do not require a Temporary Use Permit provided it satisfies the general provisions per Section 4.7.1 and the conditions in this section and are associated with approved development permit(s).
2. 2.
  Temporary buildings and equipment for uses incidental to construction work on-premises are permitted in any zone but shall be removed upon the completion or abandonment of construction work. Temporary buildings shall not be located on any public street or public right-of-way at any time during construction.
3. 3.
  Temporary outdoor storage of inventory displaced by the expansion, remodel, or reconstruction shall only be authorized by a Temporary Use Permit.
4. 4.
  The parking of construction equipment or motor vehicles associated with construction shall comply with the provisions of Section 71.04 of the Code of Ordinances.
G.
Temporary Portable Storage Units
Temporary portable storage units are subject to the following regulations:
1. 1.
  Location.
  1. a.
    Shall be located on an improved paved surface such as a paved driveway or parking lot;
  2. b.
    Are prohibited in any right-of-way or easement;
  3. c.
    Shall not be situated in a sight triangle or in a location that will impair the line of sight for pedestrian and vehicular travel on a public street;
  4. d.
    Shall not be situated within a Fire Lane, obstruct access to a Fire Department Connection (FDC) or be located within three (3) feet of a fire hydrant; and
  5. e.
    Shall not be located within the Downtown District Overlay.
2. 2.
  Residential Conditions.
  1. a.
    A temporary portable storage unit associated with a residential use shall not require a Temporary Use Permit provided that it satisfies the location requirements and conditions of use provided in this section.
  2. b.
    No more than one (1) temporary portable storage unit shall be allowed per dwelling unit on any residential lot and shall not remain on-site for more than seven (7) consecutive days.
  3. c.
    No more than four (4) temporary portable storage units may be placed on a residential lot per calendar year, and there shall be a minimum of sixty (60) days between such placement of each unit.
  4. d.
    Temporary portable storage units shall not be used in conjunction with a Home Occupation.
  5. e.
    No temporary portable storage unit shall exceed a height of eight feet (8'), a width of eight feet (8'), or floor area of 128 square feet unless otherwise authorized by the Planning Director through a temporary use permit.
3. 3.
  Non-residential Conditions.
  1. a.
    A temporary, portable storage unit associated with a non-residential use shall require a Temporary Use Permit and satisfy the location requirements and conditions of use provided in this section.
  2. b.
    No more than four (4) temporary portable storage units may be placed on a non-residential lot per calendar year, and there shall be a minimum of sixty (60) days between such placement of each unit unless the site is undergoing active construction and then the unit(s) may remain while construction is ongoing.
  3. c.
    No temporary portable storage unit shall exceed a height of eight feet (8'), a width of eight feet (8'), or floor area of 128 square feet unless otherwise authorized by the Planning Director.
H.
Temporary Residential Sales Offices and Model Homes
The following regulations shall apply to temporary residential sales offices and model homes within residential zoning districts:
1. 1.
  A Temporary Use Permit is not required; however, other development permits shall be required, as applicable. (e.g., building, electrical, and plumbing permits.)
2. 2.
  May be located within a residential district as part of an ongoing residential development; however, they shall only be located on the periphery of a subdivision or at the entrance to a subdivision.
3. 3.
  Temporary residential sales offices, not otherwise serving as a model home, are not subject to design standards of this Chapter.
4. 4.
  Shall be either a model home or temporary structure that will operate for a period of time determined by the operator and the Building Official.
5. 5.
  Shall be removed or converted to a use permitted within the district when certificates of occupancy have been issued to 95 percent of the associated residential units or when the use as a sales office or model home has ceased, whichever is earlier.
6. 6.
  Model homes for new subdivisions shall only be occupied for residential habitation after all business activities have ceased and upon the sale of the home.
I.
Mobile Food Vendors
1. 1.
  Mobile Food Vendors (MFV) shall be permitted as temporary uses in the following scenarios without a Temporary Use Permit provided it satisfies the general provisions of Section 4.7.1 and the conditions in this section:
  1. a.
    As an authorized vendor at City-sponsored events and public park concessions;
  2. b.
    As an authorized vendor or caterer at a special event for a maximum period of seventy-two (72) hours, but no more than twelve (12) hours per day; or
  3. c.
    As a temporary shaved ice establishment limited to 180 days per calendar year at a particular location.
2. 2.
  Mobile Food Vendors (MFV) shall be subject to the following general conditions:
  1. a.
    A MFV shall provide proof of a valid mobile food permit or temporary food establishment permit from the City’s public health provider and prominently displayed at all times;
  2. b.
    A MFV shall comply with all applicable requirements from the City, County, and State including, but not limited to the Texas Food Establishment Rules, and sales tax requirements;
  3. c.
    A MFV shall have written approval from the property owner or tenant to be located on-site, and such site shall be registered with the City to host mobile food vendors;
  4. d.
    All MFV vehicles shall clearly identify the business name and a valid contact telephone number on both sides of the vehicle;
  5. e.
    A MFV shall be generally self-sufficient with regards to water, sewer, and electricity. Temporary connections to potable water and sanitary sewer are prohibited. Electricity shall be from a generator or an approved electrical outlet via an approved portable cord that is in conformance with the Electrical Code as adopted by the City. When portable extension cords are used, they shall not be installed or placed where they may be subject to pedestrian traffic unless provided with appropriate protection as approved by the field inspector;
  6. f.
    A MFV shall be required to have permission to utilize the restroom facilities of the principal use unless otherwise provided by an alternative means;
  7. g.
    A MFV shall arrange solid waste management with the principal use, or otherwise be solely responsible for the cleanup and proper disposal of all trash associated with the use;
  8. h.
    A MFV shall not provide for a drive-thru, drive-up window, or similar apparatus; however, this does not preclude a MFV from having a walk-up service window;
  9. i.
    A MFV shall not be permitted to: block a drive aisle, locate on or block a sidewalk, be parked on a public street unless otherwise approved by the City;
  10. j.
    A MFV may have one (1) “A-frame” sign, not to exceed three (3) feet in height, immediately adjacent to their vehicle for the purpose of displaying a menu or special advertisement;
  11. k.
    A MFV shall be permitted to utilize string lights or similar to enhance the customer ambience provided the connections shall adhere to the UL standards and shall not be placed in a manner which would create a safety issue. The following lighting types shall be prohibited: any wall pack light, any strobe, rotating, flashing, color-changing, up lighting not otherwise contained by an overhead awning, spotlight, fog light, headlight, or any similar lighting that may provide a commonly perceived distraction to entice patronage to a passerby as determined by the Planning Director;
  12. l.
    A MFV utilizing sound to encourage patronage shall be subject to and comply with noise requirements outlined in Chapter 94 of the Code of Ordinances. Use of a horn by a MFV to encourage patronage shall be prohibited and considered a nuisance; and
  13. m.
    A MFV shall be subject to Chapter 111. Peddlers and Solicitors of the Code of Ordinances.
3. 3.
  Mobile Food Vendors (MFV) shall be subject to the following fire safety requirements:
  1. a.
    A MFV operating out of a motor vehicle or trailer shall provide proof of a fire inspection from Travis County, approved within the last year.
  2. b.
    A MFV shall not block or obstruct a designated fire lane, or impede access to a fire hydrant, a Fire Department Connection (FDC), or any other fire service features as determined by the Fire Department.
  3. c.
    There shall be a minimum of ten (10) feet of separation between each individual MFV, and a minimum of twenty (20) feet of separation between any MFV and a permanent on-site structure.
  4. d.
    Generators must be located so they cannot be accessed by the public. In situations with limited site layout, generators may be separated from the public by a physical guard/barrier. Generators must be shut down prior to refueling. Refueling must be conducted only during non-business hours. Refueling must be done at least 20’ away from the food truck.
  5. e.
    A MFV shall have one 2A10BC fire extinguisher, properly maintained and affixed with a current inspection tag confirming its status.
  6. f.
    A MFV utilizing solid fuel cooking (wood, charcoal, pellets, etc.) or cooking methods that produce grease-laden vapors will be required to have a Class K fire extinguisher in addition to the 2A10BC fire extinguisher.
  7. g.
    A MFV utilizing propane fuel for cooking shall be limited to no more than an aggregate of 84 pounds of propane.
  8. h.
    A MFV utilizing propane fuel shall be equipped with a leak detection device.
J.
On-Site Special Events
1. 1.
  On-site special events shall be permitted as temporary uses without a Temporary Use Permit provided it satisfies the general provisions of Section 4.7.1 and the conditions provided in this section. This section does not apply to special events held by the City on publically-owned or managed land.
2. 2.
  On-site special events shall be subject to the following conditions:
  1. a.
    The event holder shall have permission from the property owner to hold the special event on-site;
  2. b.
    The special event shall not interfere with the safe and orderly movement of pedestrian or vehicular travel within public rights-of-way near the site and on-site;
  3. c.
    The event holder shall provide for adequate health and sanitation facilities;
  4. d.
    With the exception of property within the Downtown District Overlay where on-street public parking is available, special events shall provide for adequate off-street parking to accommodate the event and other temporary and primary uses on-site;
  5. e.
    The operation shall be generally self-sufficient with regards to water, sewer, and electricity. Temporary connections to potable water and sanitary sewer are prohibited. Electricity shall be from a generator or an approved electrical outlet via an approved portable cord that is in conformance with the electrical code as adopted by the City.
  6. f.
    Adequate on-site restroom facilities solid and waste containers shall be required; and
  7. g.
    The duration of the special event shall be limited to a maximum period of seventy-two (72) hours, but no more than twelve (12) consecutive hours per day.
3. 3.
  A Special Event shall require a Temporary Use Permit if such event
  1. a.
    Will be conducted primarily outdoors; and
  2. b.
    Interferes with the safe and orderly movement of pedestrian or vehicular travel within public rights-of-way near the site and on-site; or
  3. c.
    Requires special city services, including but not limited to, street closure, provisions of barricades, traffic control, special parking arrangements, special electrical services or special police services.
4. 4.
  Where the fire marshal determines that an indoor or outdoor gathering of persons has an adverse impact on public safety through diminished access to buildings, structures, fire hydrants and fire apparatus access roads or where such gatherings adversely affect public safety services of any kind, the fire marshal shall have the authority to require the development of or prescribe a public safety plan that provides an approved level of public safety and addresses the following items: 1.) Emergency vehicle ingress and egress, 2.) Fire Protection, 3.) Emergency egress or escape routes, 4.) Emergency medical services, 5.) Public assembly areas, 6.) The directing of both attendees and vehicles, including the parking of vehicles, 7.) Vendor and food concession distribution, 8.) The need for the presence of law enforcement, 9.) The need for fire and emergency medical services personnel.
K.
Other Temporary Uses and Structures
Temporary uses and structures not specifically classified or that do not meet the conditions of the temporary uses and structures provided in the section may be authorized through a Temporary Use Permit with approval criteria in this section.
1. 1.
  Land use compatibility. The temporary use shall be compatible with the purpose and intent of this Code and the zoning district in which it will be located. The temporary use shall not impair the normal, safe, and effective operation of a permanent use on the same site. The temporary use shall not endanger or be materially detrimental to the public health, safety or welfare, or injurious to property or improvements in the immediate vicinity of the temporary use, given the nature of the activity, its location on the site, and its relationship to parking and access points.
2. 2.
  Compliance with other regulations. All structures and the site as a whole shall meet all applicable building code, zoning district, and fire code standards and shall be promptly removed upon the cessation of the use or event. Upon cessation of the event or use, the site shall be returned to its previous condition (including the removal of all trash, debris, signage, attention attracting devices, or other evidence of the special event or use).
3. 3.
  Hours of operation and duration. The duration and hours of operation of the temporary use shall be consistent with the intent of the event or use and compatible with the surrounding land uses. The duration and hours of operation shall be established by the Planning Director at the time of approval of the Temporary Use Permit.
4. 4.
  Traffic circulation. The temporary use shall not cause undue traffic congestion or accident potential, as determined by the City Engineer, given anticipated attendance and the existing design of adjacent streets, intersections, and traffic controls.
5. 5.
  Off-street parking. Adequate off-street parking shall be provided for the temporary use, and it shall not create a parking shortage for any of the other existing uses on the site. In the Downtown District Overlay, on-street parking may be used to address the adequacy of parking for the temporary use or event.
6. 6.
  Public conveniences and litter control. Adequate on-site restroom facilities and waste containers may be required. The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed at no expense to the city.
7. 7.
  Appearance and nuisances. The temporary use shall be compatible in intensity, appearance and operation with surrounding land uses in the area, and it shall not impair the usefulness, enjoyment or value of adjacent property due to the generation of excessive noise, dust, smoke, glare, spillover lighting, or other forms of environmental or visual pollution.

[Ord. # 1436-20-03-10, Amend Sec. 4.7, 03/10/2020]

Effective on: 3/10/2020

4

4.7.3 Temporary Use Permit

A.
Applicability. A Temporary Use Permit is required pursuant to Sections 4.7.1, 4.7.2 and 4.7.3, subject to approval by the Fire Marshal and the Planning Director.
B.
Application Submittal Requirements
1. 1.
  An application shall be made at least fifteen (15) days in advance of the requested start date for a temporary use or event.
2. 2.
  A completed application providing for the following, as applicable:
  1. a.
    The name and address of the applicant;
  2. b.
    The name and address of the sponsor or organization represented by the applicant, as applicable;
  3. c.
    Written permission from the property owner for the dates, times, and activities approved by the owner to be conducted on the premises;
  4. d.
    The kinds of goods to be sold or services to be offered at the event or with the temporary use;
  5. e.
    The dates and times of the event or temporary use;
  6. f.
    The location of the event or temporary use; and
  7. g.
    The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed at no expense to the city.
3. 3.
  A general site plan is required with a Temporary Use Permit application showing the following, as applicable:
  1. a.
    Adequate parking for temporary use;
  2. b.
    Site location and layout;
  3. c.
    Traffic access and circulation planned;
  4. d.
    Show locations of structures, fire lanes, fire department connections (FDC), fire hydrants, streets, alleys, drive aisles, driveways, and temporary fencing with entry and exit gates;
  5. e.
    Show the footprint of any building, location of building exits, sidewalks, and pathways;
  6. f.
    Location of tents or temporary structures including dimensions;
  7. g.
    Food trucks, vendors and merchandise areas;
  8. h.
    Location of outdoor grills, fryers, or smoker pad sites;
  9. i.
    Size and location of any stages;
  10. j.
    Dimensions and distances of proposed site elements from other site elements, as required by this Chapter and the Fire Code; and
  11. k.
    Any other details relating to the specifics of the temporary use or event.
C.
Review and Action
1. 1.
  The Planning Director shall determine whether to approve, approve with conditions, or disapprove the permit within ten (10) days after the date of application and shall determine the length of time that the permit is valid.
2. 2.
  The Planning Director may establish conditions of approval deemed necessary to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including but not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening/buffering, and guarantees for site restoration and cleanup following the temporary use.
3. 3.
  Where an application has been disapproved by the Planning Director, the applicant shall be notified in writing of the reasons for the disapproval.

[Ord. # 1436-20-03-10, Amend Sec. 4.7, 03/10/2020]

Effective on: 3/10/2020

Pflugerville City Zoning Code

4.7 Temporary

Uses, Structures, and Permits

4

4.7.1 General Provisions.

All temporary uses and structures shall comply with the following general provisions, as applicable.

A.
Temporary uses shall comply with all applicable City ordinances relating to public nuisances, noise, signage, lighting, building, plumbing, electrical, fire safety, temporary food establishments, peddlers and solicitors, etc. Notwithstanding the provisions of this section, additional development permits may be required depending on the scope of the temporary use or structure.
B.
Temporary uses, or components thereof, and temporary structures shall not be located within or cause interference with driveways, alleys, fire lanes, fire department connections (FDC), fire hydrants, public roads, or sidewalks.
C.
The property owner shall be responsible for ensuring the site is kept clear of litter and debris at all times, and the site is returned to its previous condition upon the cessation of the temporary use or structure.
D.
A temporary food establishment permit issued by the health department shall be required for any selling/handling of on-site prepared food to ensure the health, safety, and welfare of the public. These provisions do not apply to the sale of prepackaged, sealed food(s) or cottage food pursuant to State law.
E.
All tents or similar temporary structures that are 400 square feet or greater or are enclosed shall be approved by the fire marshal, prior to erection and inspected once constructed through a Temporary Use Permit.
F.
Off-street parking associated with a temporary use must be provided on an improved surface unless approved otherwise by the Planning Director and the fire marshal through a Temporary Use Permit. The Planning Director may only consider parking on an unimproved surface when provided with concurrence by the owner that any impacted soil resulting from parking on an unimproved surface will be cleaned for any spill/leak from a vehicle by removing all impacted soils and contain for proper disposal.

[Ord. # 1436-20-03-10, Amend Sec. 4.7, 03/10/2020]

Effective on: 3/10/2020

4

4.7.2 Types of Permitted Temporary Uses and Structures

A.
Garage Sales
B.
Temporary Outdoor Sales of Seasonal Products
Temporary sales of seasonal products may be allowed subject to the following provisions:
1. 1.
  Temporary outdoor sales of seasonal products do not require a Temporary Use Permit provided it satisfies the general provisions per Section 4.7.1 and the conditions in this section.
2. 2.
  It shall be permitted in areas with a base zoning of R, GB-1, GB-2, CL-4, and CL-5, or any public property or any place of worship property.
3. 3.
  It shall be generally self-sufficient with regards to water, sewer, and electricity. Temporary connections to potable water and sanitary sewer are prohibited. Electricity shall be from a generator or an approved electrical outlet via an approved portable cord that is in conformance with the electrical code as adopted by the City.
4. 4.
  It shall be subject to a maximum duration of 45 consective days per calendar year.
5. 5.
  Display and sales of Christmas trees may not begin prior to November 15th, and the property must be cleaned and vacated by January 1st.
C.
Nonprofit Seasonal Fundraisers
Nonprofit seasonal fundraisers hosted by a nonprofit or charitable group shall be permitted with the following provisions:
1. 1.
  Nonprofit seasonal fundraisers do not require a Temporary Use Permit provided it satisfies the general provisions per Section 4.7.1 and the conditions in this section.
2. 2.
  This section shall apply to only seasonal or periodic fundraisers conducted by nonprofit or charitable groups. Examples of fundraiser events permitted under this section are pumpkin sales, booster club carwashes, and public school-sponsored concessions.
3. 3.
  It shall be generally self-sufficient with regards to water, sewer, and electricity. Temporary connections to potable water and sanitary sewer are prohibited. Electricity shall be from a generator or an approved electrical outlet via an approved portable cord that is in conformance with the electrical code as adopted by the City.
4. 4.
  The outdoor sale of used clothing, accessories, furniture, household, or sporting goods is prohibited, except for places of worship or school-sponsored on-site events, not to exceed a duration of two (2) consecutive days.
5. 5.
  Nonprofit seasonal fundraisers with the any temporary outdoor sale of seasonal products shall be subject to a maximum duration of 45 consecutive days per calendar year.
D.
Farmers’ Markets
A farmers’ market may be allowed; however, it shall require a Temporary Use Permit and satisfy the general provisions in Section 4.7.1 and the following provisions:
1. 1.
  Farmers’ markets shall be permitted on public properties and civic spaces approved by the Planning Director, and private property within the PF, A, R, GB-1, GB-2, CL4, or CL5 Districts and in the Downtown District Overlay;
2. 2.
  It shall be certified by the Texas Department of Agriculture;
3. 3.
  It shall be generally self-sufficient with regards to water, sewer, and electricity. Temporary connections to potable water and sanitary sewer are prohibited. Electricity shall be from a generator or an approved electrical outlet via an approved portable cord that is in conformance with the electrical code as adopted by the City;
4. 4.
  Adequate on-site restroom facilities and solid waste containers shall be required; and
5. 5.
  It shall be subject to a maximum duration of two days per week.
E.
Tents and Canopies
1. 1.
  All tents, canopies, or similar temporary structures that are 400 square feet or greater, or are enclosed, shall be approved by the fire marshal, prior to erection and will be required to be inspected once constructed through a Temporary Use Permit.
2. 2.
  All tents, canopies, and other similar temporary structures may only be used pursuant to the Fire Code.
3. 3.
  All tents, canopies, and other similar temporary structures shall not be within 20’ of any lot line, building, a parked or moving car, or any internal combustion engine unless otherwise approved by the fire marshal.
4. 4.
  No open flame or grease-laden vapor appliances shall be used for heating or cooking under a tent or canopy or other similar temporary structures nor within 20’ of the canopy or tent unless otherwise approved by the fire marshal.
F.
Temporary uses, buildings, facilities, and equipment incidental to construction
1. 1.
  Temporary uses incidental to construction do not require a Temporary Use Permit provided it satisfies the general provisions per Section 4.7.1 and the conditions in this section and are associated with approved development permit(s).
2. 2.
  Temporary buildings and equipment for uses incidental to construction work on-premises are permitted in any zone but shall be removed upon the completion or abandonment of construction work. Temporary buildings shall not be located on any public street or public right-of-way at any time during construction.
3. 3.
  Temporary outdoor storage of inventory displaced by the expansion, remodel, or reconstruction shall only be authorized by a Temporary Use Permit.
4. 4.
  The parking of construction equipment or motor vehicles associated with construction shall comply with the provisions of Section 71.04 of the Code of Ordinances.
G.
Temporary Portable Storage Units
Temporary portable storage units are subject to the following regulations:
1. 1.
  Location.
  1. a.
    Shall be located on an improved paved surface such as a paved driveway or parking lot;
  2. b.
    Are prohibited in any right-of-way or easement;
  3. c.
    Shall not be situated in a sight triangle or in a location that will impair the line of sight for pedestrian and vehicular travel on a public street;
  4. d.
    Shall not be situated within a Fire Lane, obstruct access to a Fire Department Connection (FDC) or be located within three (3) feet of a fire hydrant; and
  5. e.
    Shall not be located within the Downtown District Overlay.
2. 2.
  Residential Conditions.
  1. a.
    A temporary portable storage unit associated with a residential use shall not require a Temporary Use Permit provided that it satisfies the location requirements and conditions of use provided in this section.
  2. b.
    No more than one (1) temporary portable storage unit shall be allowed per dwelling unit on any residential lot and shall not remain on-site for more than seven (7) consecutive days.
  3. c.
    No more than four (4) temporary portable storage units may be placed on a residential lot per calendar year, and there shall be a minimum of sixty (60) days between such placement of each unit.
  4. d.
    Temporary portable storage units shall not be used in conjunction with a Home Occupation.
  5. e.
    No temporary portable storage unit shall exceed a height of eight feet (8'), a width of eight feet (8'), or floor area of 128 square feet unless otherwise authorized by the Planning Director through a temporary use permit.
3. 3.
  Non-residential Conditions.
  1. a.
    A temporary, portable storage unit associated with a non-residential use shall require a Temporary Use Permit and satisfy the location requirements and conditions of use provided in this section.
  2. b.
    No more than four (4) temporary portable storage units may be placed on a non-residential lot per calendar year, and there shall be a minimum of sixty (60) days between such placement of each unit unless the site is undergoing active construction and then the unit(s) may remain while construction is ongoing.
  3. c.
    No temporary portable storage unit shall exceed a height of eight feet (8'), a width of eight feet (8'), or floor area of 128 square feet unless otherwise authorized by the Planning Director.
H.
Temporary Residential Sales Offices and Model Homes
The following regulations shall apply to temporary residential sales offices and model homes within residential zoning districts:
1. 1.
  A Temporary Use Permit is not required; however, other development permits shall be required, as applicable. (e.g., building, electrical, and plumbing permits.)
2. 2.
  May be located within a residential district as part of an ongoing residential development; however, they shall only be located on the periphery of a subdivision or at the entrance to a subdivision.
3. 3.
  Temporary residential sales offices, not otherwise serving as a model home, are not subject to design standards of this Chapter.
4. 4.
  Shall be either a model home or temporary structure that will operate for a period of time determined by the operator and the Building Official.
5. 5.
  Shall be removed or converted to a use permitted within the district when certificates of occupancy have been issued to 95 percent of the associated residential units or when the use as a sales office or model home has ceased, whichever is earlier.
6. 6.
  Model homes for new subdivisions shall only be occupied for residential habitation after all business activities have ceased and upon the sale of the home.
I.
Mobile Food Vendors
1. 1.
  Mobile Food Vendors (MFV) shall be permitted as temporary uses in the following scenarios without a Temporary Use Permit provided it satisfies the general provisions of Section 4.7.1 and the conditions in this section:
  1. a.
    As an authorized vendor at City-sponsored events and public park concessions;
  2. b.
    As an authorized vendor or caterer at a special event for a maximum period of seventy-two (72) hours, but no more than twelve (12) hours per day; or
  3. c.
    As a temporary shaved ice establishment limited to 180 days per calendar year at a particular location.
2. 2.
  Mobile Food Vendors (MFV) shall be subject to the following general conditions:
  1. a.
    A MFV shall provide proof of a valid mobile food permit or temporary food establishment permit from the City’s public health provider and prominently displayed at all times;
  2. b.
    A MFV shall comply with all applicable requirements from the City, County, and State including, but not limited to the Texas Food Establishment Rules, and sales tax requirements;
  3. c.
    A MFV shall have written approval from the property owner or tenant to be located on-site, and such site shall be registered with the City to host mobile food vendors;
  4. d.
    All MFV vehicles shall clearly identify the business name and a valid contact telephone number on both sides of the vehicle;
  5. e.
    A MFV shall be generally self-sufficient with regards to water, sewer, and electricity. Temporary connections to potable water and sanitary sewer are prohibited. Electricity shall be from a generator or an approved electrical outlet via an approved portable cord that is in conformance with the Electrical Code as adopted by the City. When portable extension cords are used, they shall not be installed or placed where they may be subject to pedestrian traffic unless provided with appropriate protection as approved by the field inspector;
  6. f.
    A MFV shall be required to have permission to utilize the restroom facilities of the principal use unless otherwise provided by an alternative means;
  7. g.
    A MFV shall arrange solid waste management with the principal use, or otherwise be solely responsible for the cleanup and proper disposal of all trash associated with the use;
  8. h.
    A MFV shall not provide for a drive-thru, drive-up window, or similar apparatus; however, this does not preclude a MFV from having a walk-up service window;
  9. i.
    A MFV shall not be permitted to: block a drive aisle, locate on or block a sidewalk, be parked on a public street unless otherwise approved by the City;
  10. j.
    A MFV may have one (1) “A-frame” sign, not to exceed three (3) feet in height, immediately adjacent to their vehicle for the purpose of displaying a menu or special advertisement;
  11. k.
    A MFV shall be permitted to utilize string lights or similar to enhance the customer ambience provided the connections shall adhere to the UL standards and shall not be placed in a manner which would create a safety issue. The following lighting types shall be prohibited: any wall pack light, any strobe, rotating, flashing, color-changing, up lighting not otherwise contained by an overhead awning, spotlight, fog light, headlight, or any similar lighting that may provide a commonly perceived distraction to entice patronage to a passerby as determined by the Planning Director;
  12. l.
    A MFV utilizing sound to encourage patronage shall be subject to and comply with noise requirements outlined in Chapter 94 of the Code of Ordinances. Use of a horn by a MFV to encourage patronage shall be prohibited and considered a nuisance; and
  13. m.
    A MFV shall be subject to Chapter 111. Peddlers and Solicitors of the Code of Ordinances.
3. 3.
  Mobile Food Vendors (MFV) shall be subject to the following fire safety requirements:
  1. a.
    A MFV operating out of a motor vehicle or trailer shall provide proof of a fire inspection from Travis County, approved within the last year.
  2. b.
    A MFV shall not block or obstruct a designated fire lane, or impede access to a fire hydrant, a Fire Department Connection (FDC), or any other fire service features as determined by the Fire Department.
  3. c.
    There shall be a minimum of ten (10) feet of separation between each individual MFV, and a minimum of twenty (20) feet of separation between any MFV and a permanent on-site structure.
  4. d.
    Generators must be located so they cannot be accessed by the public. In situations with limited site layout, generators may be separated from the public by a physical guard/barrier. Generators must be shut down prior to refueling. Refueling must be conducted only during non-business hours. Refueling must be done at least 20’ away from the food truck.
  5. e.
    A MFV shall have one 2A10BC fire extinguisher, properly maintained and affixed with a current inspection tag confirming its status.
  6. f.
    A MFV utilizing solid fuel cooking (wood, charcoal, pellets, etc.) or cooking methods that produce grease-laden vapors will be required to have a Class K fire extinguisher in addition to the 2A10BC fire extinguisher.
  7. g.
    A MFV utilizing propane fuel for cooking shall be limited to no more than an aggregate of 84 pounds of propane.
  8. h.
    A MFV utilizing propane fuel shall be equipped with a leak detection device.
J.
On-Site Special Events
1. 1.
  On-site special events shall be permitted as temporary uses without a Temporary Use Permit provided it satisfies the general provisions of Section 4.7.1 and the conditions provided in this section. This section does not apply to special events held by the City on publically-owned or managed land.
2. 2.
  On-site special events shall be subject to the following conditions:
  1. a.
    The event holder shall have permission from the property owner to hold the special event on-site;
  2. b.
    The special event shall not interfere with the safe and orderly movement of pedestrian or vehicular travel within public rights-of-way near the site and on-site;
  3. c.
    The event holder shall provide for adequate health and sanitation facilities;
  4. d.
    With the exception of property within the Downtown District Overlay where on-street public parking is available, special events shall provide for adequate off-street parking to accommodate the event and other temporary and primary uses on-site;
  5. e.
    The operation shall be generally self-sufficient with regards to water, sewer, and electricity. Temporary connections to potable water and sanitary sewer are prohibited. Electricity shall be from a generator or an approved electrical outlet via an approved portable cord that is in conformance with the electrical code as adopted by the City.
  6. f.
    Adequate on-site restroom facilities solid and waste containers shall be required; and
  7. g.
    The duration of the special event shall be limited to a maximum period of seventy-two (72) hours, but no more than twelve (12) consecutive hours per day.
3. 3.
  A Special Event shall require a Temporary Use Permit if such event
  1. a.
    Will be conducted primarily outdoors; and
  2. b.
    Interferes with the safe and orderly movement of pedestrian or vehicular travel within public rights-of-way near the site and on-site; or
  3. c.
    Requires special city services, including but not limited to, street closure, provisions of barricades, traffic control, special parking arrangements, special electrical services or special police services.
4. 4.
  Where the fire marshal determines that an indoor or outdoor gathering of persons has an adverse impact on public safety through diminished access to buildings, structures, fire hydrants and fire apparatus access roads or where such gatherings adversely affect public safety services of any kind, the fire marshal shall have the authority to require the development of or prescribe a public safety plan that provides an approved level of public safety and addresses the following items: 1.) Emergency vehicle ingress and egress, 2.) Fire Protection, 3.) Emergency egress or escape routes, 4.) Emergency medical services, 5.) Public assembly areas, 6.) The directing of both attendees and vehicles, including the parking of vehicles, 7.) Vendor and food concession distribution, 8.) The need for the presence of law enforcement, 9.) The need for fire and emergency medical services personnel.
K.
Other Temporary Uses and Structures
Temporary uses and structures not specifically classified or that do not meet the conditions of the temporary uses and structures provided in the section may be authorized through a Temporary Use Permit with approval criteria in this section.
1. 1.
  Land use compatibility. The temporary use shall be compatible with the purpose and intent of this Code and the zoning district in which it will be located. The temporary use shall not impair the normal, safe, and effective operation of a permanent use on the same site. The temporary use shall not endanger or be materially detrimental to the public health, safety or welfare, or injurious to property or improvements in the immediate vicinity of the temporary use, given the nature of the activity, its location on the site, and its relationship to parking and access points.
2. 2.
  Compliance with other regulations. All structures and the site as a whole shall meet all applicable building code, zoning district, and fire code standards and shall be promptly removed upon the cessation of the use or event. Upon cessation of the event or use, the site shall be returned to its previous condition (including the removal of all trash, debris, signage, attention attracting devices, or other evidence of the special event or use).
3. 3.
  Hours of operation and duration. The duration and hours of operation of the temporary use shall be consistent with the intent of the event or use and compatible with the surrounding land uses. The duration and hours of operation shall be established by the Planning Director at the time of approval of the Temporary Use Permit.
4. 4.
  Traffic circulation. The temporary use shall not cause undue traffic congestion or accident potential, as determined by the City Engineer, given anticipated attendance and the existing design of adjacent streets, intersections, and traffic controls.
5. 5.
  Off-street parking. Adequate off-street parking shall be provided for the temporary use, and it shall not create a parking shortage for any of the other existing uses on the site. In the Downtown District Overlay, on-street parking may be used to address the adequacy of parking for the temporary use or event.
6. 6.
  Public conveniences and litter control. Adequate on-site restroom facilities and waste containers may be required. The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed at no expense to the city.
7. 7.
  Appearance and nuisances. The temporary use shall be compatible in intensity, appearance and operation with surrounding land uses in the area, and it shall not impair the usefulness, enjoyment or value of adjacent property due to the generation of excessive noise, dust, smoke, glare, spillover lighting, or other forms of environmental or visual pollution.

[Ord. # 1436-20-03-10, Amend Sec. 4.7, 03/10/2020]

Effective on: 3/10/2020

4

4.7.3 Temporary Use Permit

A.
Applicability. A Temporary Use Permit is required pursuant to Sections 4.7.1, 4.7.2 and 4.7.3, subject to approval by the Fire Marshal and the Planning Director.
B.
Application Submittal Requirements
1. 1.
  An application shall be made at least fifteen (15) days in advance of the requested start date for a temporary use or event.
2. 2.
  A completed application providing for the following, as applicable:
  1. a.
    The name and address of the applicant;
  2. b.
    The name and address of the sponsor or organization represented by the applicant, as applicable;
  3. c.
    Written permission from the property owner for the dates, times, and activities approved by the owner to be conducted on the premises;
  4. d.
    The kinds of goods to be sold or services to be offered at the event or with the temporary use;
  5. e.
    The dates and times of the event or temporary use;
  6. f.
    The location of the event or temporary use; and
  7. g.
    The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed at no expense to the city.
3. 3.
  A general site plan is required with a Temporary Use Permit application showing the following, as applicable:
  1. a.
    Adequate parking for temporary use;
  2. b.
    Site location and layout;
  3. c.
    Traffic access and circulation planned;
  4. d.
    Show locations of structures, fire lanes, fire department connections (FDC), fire hydrants, streets, alleys, drive aisles, driveways, and temporary fencing with entry and exit gates;
  5. e.
    Show the footprint of any building, location of building exits, sidewalks, and pathways;
  6. f.
    Location of tents or temporary structures including dimensions;
  7. g.
    Food trucks, vendors and merchandise areas;
  8. h.
    Location of outdoor grills, fryers, or smoker pad sites;
  9. i.
    Size and location of any stages;
  10. j.
    Dimensions and distances of proposed site elements from other site elements, as required by this Chapter and the Fire Code; and
  11. k.
    Any other details relating to the specifics of the temporary use or event.
C.
Review and Action
1. 1.
  The Planning Director shall determine whether to approve, approve with conditions, or disapprove the permit within ten (10) days after the date of application and shall determine the length of time that the permit is valid.
2. 2.
  The Planning Director may establish conditions of approval deemed necessary to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including but not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening/buffering, and guarantees for site restoration and cleanup following the temporary use.
3. 3.
  Where an application has been disapproved by the Planning Director, the applicant shall be notified in writing of the reasons for the disapproval.

[Ord. # 1436-20-03-10, Amend Sec. 4.7, 03/10/2020]

Effective on: 3/10/2020