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Z-05-06-23-13C1 - 6/23/2005ORDINANCE NO. Z- 66 0(0--;73- 13C l AN ORDINANCE AMENDING CHAPTER 11, SECTIONS 11.305, 11.425 AND 11.505, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO AMEND THE TEMPORARY USE PERMIT REQUIREMENTS TO ALLOW FOR THE ISSUANCE OF TEMPORARY USE PERMITS FOR TEMPORARY BUILDINGS AND TEMPORARY OUTDOOR STORAGE DURING EXPANSIONS, REMODELING OR RECONSTRUCTION; TO PERMIT TEMPORARY BUILDINGS AND TEMPORARY OUTDOOR STORAGE USES DURING EXPANSIONS, REMODELING OR RECONSTRUCTION; TO AMEND SCREENING REQUIREMENTS FOR OUTDOOR STORAGE; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. Chapter 11, Section 11.305(3), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 11.305 TEMPORARY USE PERMIT (3) Review and Action by Zoning Administrator (a) Application should be made at least 15 days in advance of the requested start date for a temporary use. (b) The Zoning Administrator shall make a determination whether to approve, approve with conditions or disapprove the permit within ten days after the date of application and shall determine the length of time that the permit is valid. Permits requested for a temporary building or temporary outdoor storage during expansions, remodeling or reconstruction as provided for in Section 11.425(5) shall be valid for a period of up to one (1) year and an extension may be requested from the Zoning Administrator for a period not to exceed one (1) additional year prior to the expiration of the original temporary use permit issued. All other permits shall be valid for a period between 1 and 45 days. (c) Where an application has been disapproved by the Zoning Administrator, the applicant shall be notified in writing of the reasons for the disapproval. @PFDeSktOp\::OD1AA/WORLDOX/O:/WDOX/ORDINANC/050623C1.WPD/vr II. Chapter 11, Section 11.425, Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to add subsection (5) as follows: 11.425 TEMPORARY BUILDINGS AND STRUCTURES (5) Use of Temporary Buildings or Temporary Outdoor Storage During Expansions, Remodeling or Reconstruction The following regulations shall apply to the use of temporary buildings or temporary outdoor storage during expansions, remodeling or reconstruction: (a) The temporary buildings or the temporary outdoor storage can only be used to accommodate staff, equipment or inventory displaced by the expansion, remodel or reconstruction. (b) The location of the temporary building or temporary outdoor storage must be shown on a site plan; and reviewed and approved by the Development Review Committee. The location requirements are as follow: (i) The placement of temporary outdoor storage shall not conflict with any vehicle circulation. (ii) The placement of temporary outdoor storage shall not conflict with any public utilities, easements or rights-of-way. (iii) If an alternative location exists, the temporary outdoor storage shall not be placed within the street yard. (iv) The location of the temporary building or temporary outdoor storage shall meet the accessory building requirements for that zoning district. (c) Upon review and approval by the Development Review Committee, a temporary use permit, as provided for in Section 11.305, shall be applied for all temporary buildings and temporary outdoor storage used during the expansion, remodeling or reconstruction of an existing business. (d) Separate building permits shall be obtained for the temporary building or temporary outdoor storage; and the expansion, remodel or reconstruction of the existing business. (e) The temporary building or temporary outdoor storage shall be removed no later than forty-five (45) days after the issuance of the Certificate of Occupancy for the building permit related to the expansion, remodel or reconstruction of the existing business. 2 (f) (g) (h) The business undergoing the expansion, remodel or reconstruction must be an existing business and not a new business, changing businesses or changing uses. An existing site plan for the existing business must already be on file with the City. Temporary outdoor storage uses shall also comply with the requirements provided in Section 11.505(3)(c). III. Chapter 11, Section 11.505(2), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 11.505 OUTDOOR DISPLAY AND STORAGE (2) Permitted Outdoor Display and Storage The three categories of Outdoor storage shall be allowed in the districts designated in the table below. Permitted Outdoor Display and Storage Table Category C-1 C-2 OF BP PF -1, PF -2, PF -3 LI, I, MI SR OS Outdoor Display X X Limited Outdoor Storage X X X General Outdoor Storage X X X Temporary Outdoor Storage X X X X X X X X Iv. Chapter 11, Section 11.505(3)(c), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 11.505 OUTDOOR DISPLAY AND STORAGE (3) Categories of Outdoor Display and Storage (c) General Outdoor Storage (i) General outdoor storage consists of all remaining forms of outdoor storage including temporary, as provided for in Section 11.425(5), not classified as outdoor display or limited outdoor storage. General outdoor 3 storage also includes items stored in shipping containers, conexes, and semi -trailers not attached to a truck. (ii) Shipping containers, conexes, and semi -trailers not attached to a truck shall not be stacked more than 2 units high. In the General Commercial (C-1) district, shipping containers, conexes, and semi -trailers shall not be stacked. (iii) General outdoor storage shall be allowed in unlimited quantity, provided that the storage area is screened from any public right-of-way by means of an opaque wall at least six feet in height. General outdoor storage in the Industrial (I) and Mining (MI) districts is exempt from the screening requirements provided that district buffering standards have been met. General outdoor storage in the General Commercial (C-1) district shall be screened from any public right-of-way or abutting property by means of a masonry wall that provides complete screening of the storage. The construction materials of the wall shall match material used on the principal building located on the same lot. (iv) Except for the Industrial (I) and Mining (MI) districts, no general outdoor storage shall be permitted within the following areas. 1. A required front setback 2. Between a front setback and the building front 3. Between a side setback along a public right-of-way and any building or structure (v) General outdoor storage shall not be allowed in any off-street parking areas. (vi) General outdoor storage in the OS district shall only be permitted in metropolitan and regional parks. (vii) The placement of general outdoor storage shall not conflict with any public utilities, easements or rights-of-way. (viii) The location of general outdoor storage shall meet the accessory building requirements for that zoning district. (ix) Where general outdoor storage is temporary, as provided for in Section 11.425(5), the Zoning Administrator may require alternative screening depending on the uniqueness of the situation. V. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this 4 ordinance shall not invalidate other sections or provisions thereof C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. READ and APPROVED on first reading this the day of , 2005. READ, APPROVED and ADOPTED on day of ATTEST: , 2005. reading this the NY Kiri` WELL, yor ty of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secreta 5 DATE: June 16, 2005 SUBJECT: City Council Meeting - June 23, 2005 ITEM: 13.C.1. Consider an ordinance amending Chapter 11, Zoning, Code of Ordinances (1995 Edition) to amend provisions related to temporary use permits, temporary buildings and outdoor storage. (First Reading) Department: Planning and Community Development Staff Person: Jim Stendebach, Planning Director Justification: This set of amendments to the zoning ordinance allows for the use of temporary buildings and temporary outdoor storage in non-residential zoning districts to accommodate displaced staff and merchandise during business expansions, remodeling or reconstruction. Staff proposes the following amendments to provide increased flexibility: • Amend Section 11.305 to utilize "Temporary Use Permits" to regulate the placement of temporary buildings and temporary outdoor storage and to regulate the length of time in which they are permitted: - Permits requested for a temporary building or temporary outdoor storage during expansions, remodeling or reconstruction shall be valid for a period up to one year. - The temporary building or temporary outdoor storage shall be removed 45 days after the final inspection or issuance of the Certificate of Occupancy. • Amend Section 11.425 (5) to establish criteria for permitting temporary buildings and temporary outdoor storage during expansions, remodeling and reconstruction. Require that temporary buildings or temporary outdoor storage used during expansions, remodeling or reconstruction be shown on a site plan and reviewed and approved by the Development Review Committee. The Development Review Committee shall make its determination based on the criteria listed in 11.425 (5) (b) (i -iv) which considers, among other things, the effects of the placement of the buildings and storage on traffic circulation and/or any potential conflicts with existing easements. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: The amendments attempt to resolve recurring issues staff has encountered since the adoption of the Zoning Ordinance in May 2002. Public Comment: Public Notice and a public hearing were held in accordance with City of Round Rock's Zoning Ordinance.