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.
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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.
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(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.