Sec. 10-457. Portable Storage Units

A portable storage unit may be used as a temporary structure within the city when in compliance with the standards of this section. The use of a portable storage container for a period of ninety-six hours or more in a district zoned residential, office, limited commercial, educational or light commercial, must comply with the regulations set forth in this section. Any use of such structures within the city not in compliance with this section will be unlawful.

   a.   Duration

      1.   A portable storage unit may be located as a temporary structure on property within the city for up to 30 days from time of delivery to time of removal. Such units may not be located on a specific property more than a 60-day period per calendar year.

      2.   A property owner may request and the planning director may grant up to two consecutive 24-hour extensions to the allowed duration of the storage unit on a property. Permission may be granted for thirty (30) days for portable storage containers on a single lot. At the expiration of the thirty-day period, applicants may seek to extend their use for one additional thirty-day period by applying to the Planning Director. The Planning Director shall have authority to approve one (1) additional thirty-day duration of the storage unit on a property if the Planning Director, in the Director’s sole discretion, makes a finding that:

         (a) The additional 30-day period is necessary because special circumstances, such as the size, shape, or location of the property, make completion of the use within the initial 60-day period impractical; or

         (b) The additional 30-day period is necessary for the removal of debris caused by a natural or man-made disaster.

            (1)   In the event of fire or natural disaster causing substantial damage to the unit, the property owner may apply to the city for permission to extend the time that a portable storage unit may be located as a temporary structure on the property. Application for such extended duration must be made in writing and filed with the city clerk's office and must give sufficient information to determine whether such extended duration should be granted. The planning director will determine whether or not to grant such extended duration and the length of such extension. The applicant may appeal such decision to the planning and zoning commission. In the event of such appeal, the decision of the planning and zoning commission will be final.

      3.   Any person utilizing a portable storage unit is responsible for having the unit removed at the end of the time for which it may lawfully remain in place or within 48 hours by the company providing the portable storage unit upon the direction of a law enforcement officer for safety reasons. In the event the portable storage unit is not removed within the timeframe allowed, the company providing the portable storage unit will be contacted to facilitate removal within 48 hours, of the portable storage unit. The individual utilizing a portable unit will be responsible for any fines, fees or additional costs and may be assessed against the property on which the temporary structure was located and may be filed as a lien against such property by the city clerk for removing the container when it is not lawfully placed.

   b.   Number of Units

      No more than three such storage units may be located on a specific piece of property within the city at one time.

   c.   Location and Size

      Such unit must be located no closer than 10 feet to the property line unless placed on an existing impervious driveway. Such unit may not exceed eight feet six inches in height, 10 feet in width or 20 feet in length.

   d.   Maintenance

      Such unit must be properly maintained, kept in a condition free from rust, peeling paint, broken portions and deterioration, and must not be allowed to fall into a state of disrepair.

   e.   Emergency Right-of-Way Placement

      Right-of-Way placement (on local streets), for portable storage units is allowed for 72 hours without authorization due to restricted access to the property. If the use of such unit in the public right-of-way is to exceed the 72 hour period, the owner or person in control of the unit must either seek a right-of-way use license pursuant to Section 17-1, or seek a variance from the Zoning Board of Adjustment pursuant to Section 10-251. In the event the portable storage unit is not removed within the timeframe allowed, the company providing the portable storage unit will be contacted to facilitate removal within 48 hours, of the portable storage unit. The individual utilizing a portable unit will be responsible for any fines, fees or additional costs and may be assessed against the property on which the temporary unit was located and may be filed as a lien against such property by the City for removing the container when it is not lawfully placed.

   f.   Anchoring in Hazardous Conditions

      It will be the obligation of the owner or user of such storage unit to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the temporary unit. In the event of high winds or other weather conditions in which such unit may become a physical danger to persons or property, the appropriate law enforcement officers may require removal within 48 hours of such temporary unit by the portable storage company providing the portable storage unit. The individual utilizing a portable unit will be responsible for any fines, fees or additional costs and may be assessed against the property on which the temporary unit was located and may be filed as a lien against such property by the City.

   g.   Prohibited Uses

      Such units must not be used as a habitable structure, a detached, permanent storage building or structure, tool house, greenhouse, home workshop, children’s playhouse, storage house, garden shelter, or similar purpose. Such units must not be utilized to store materials classified as hazardous by federal, state, or City laws.

Sec. 10-458 Outdoor Vending Machines.

These guidelines are intended to minimize the visual impacts within commercial areas and maintain the aesthetic within neighborhood commercial areas.

   a.   Outdoor vending machines shall be placed under roof overhangs or awnings to minimize their visibility from the street as well as provide protection from inclement weather to customers utilizing such devices.

   b.   A maximum of two outdoor vending machines are allowed per businesses with exterior property frontages of up to 100 feet. No more than three outdoor vending machines are allowed per location.

   c.   Outdoor vending machines located within the "C-1", Light Commercial Districts are allowed as an accessory use only.

   d.   No outdoor vending machine shall be placed in a location so as to impede pedestrian access, block parking areas or create an unsafe condition. Vending machines shall not be installed in the public right-of-way or immediately adjacent so as to require customers to stand in the public right-of-way in order to use the machine.

   e.   No vending machine shall exceed eight feet in height, three feet in depth, or six feet in width.

   f.   Outdoor vending machines may be externally illuminated to provide security at night. Illumination shall comply with Article VI. Development Standards, Division J. Outdoor Lighting.

   g.   All outdoor vending machines selling entertainment media must comply with all applicable sexually oriented businesses and zoning regulations. Outdoor vending machines shall not appear to flash, undulate, or pulse, or portray explosions, fireworks, flashes of light, or blinking or chasing light.

(Ord. No. 0-2011-8;1/26/11)

 

Sec. 10-459 Donation Containers

Donation containers include any structure or container which has four walls, a roof and a floor, not to exceed the dimensions of six feet one inch (6'1") in width or depth, nor shall exceed seven feet (7') in height, which is used for the donation of clothing, appliances, or other similar materials or products. Said structure or container shall be of adequate weight to withstand typical weather conditions as to not be moved within a parking lot by wind. The structure or container must be built substantially enough, as to not pose any public threat, and be painted or finished in a way that is visually coherent and conducive to its environment. Any use of such structures within the city not in compliance with this section will be unlawful. Any existing use of such structures prior to the adoption of this section that are not in compliance with this section must comply within 90 days of the adoption of this section.

 

a. Permit Required

A Temporary Use Permit (TUP) is required for each donation container that is not accessory to the primary use of the property. TUPs issued for donation bins operated by a 501(c)(3) non-profit organizations registered with the State of Texas are exempt from the filing fee. TUPs for donation containers may be issued for an initial 90 day period and may be renewed at the discretion of the Planning Director on an annual basis thereafter. Institutional uses are exempt from the permit requirement, however all other standards of this Section apply. The owner of the donation container must have written permission from the property owner on whose property the donation container will be placed. The property owner must obtain the TUP prior to the donation container temporary use. (Ord. No. 0-2019-62; 8/14/19)

b. Number of Containers

Donation containers shall be limited to one per acre with a maximum of four regardless of property size.

c. Location of Containers

1. Donation containers shall only be permitted in zoning districts that allow for outdoor display, provided that properties used for institutional uses are exempt from this restriction.
2. Donation containers shall not be located in the streetyard.
3. Donation containers shall not be located in any required landscaped area or bufferyard area, and shall not be located within fifty feet (50') of a property being used for residential purposes.
4. Donation containers shall not be located within a required building setback.
5. Donation containers shall be located on a paved surface at all times.
6. Donation containers shall not be located in any parking space required to meet the minimum parking requirements for a site and may not be located in any platted or dedicated access easements, fire lanes, or mapped floodplains.
7. Donation containers shall not be located on vacant lots.

d. Signage on Container

A donation container shall not be utilized as an off-premise sign. All donation containers not used as accessory structures, shall display, in a manner satisfactory to the Planning Director, information detailing the container's owner and contact information, prohibition of items being placed outside of container, and for-profit/nonprofit status.

e. Maintenance

Such containers must be properly maintained, kept in a condition free from rust, peeling paint, broken portions and deterioration, and must not be allowed to fall into a state of disrepair. The area around the container must be kept clean and free from litter, garbage, and debris.

f. Anchoring in Hazardous Conditions

It will be the obligation of the owner or user of such donation container to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the temporary container. In the event of high winds or other weather conditions in which such container may become a physical danger to persons or property, the appropriate law enforcement officers may require removal within 48 hours of such temporary container by the container's owner. The donation container's owner will be responsible for any fines, fees or additional costs and may be assessed against the property on which the temporary container was located and may be filed as a lien against such property by the City.

g. Prohibited Uses

Such donation containers must not be used as a habitable structure, a detached, permanent storage building or structure, tool house, greenhouse, home workshop, children's playhouse, storage house, garden shelter, or similar purpose. Containers must not be utilized to store materials classified as hazardous by federal, state, or City laws.

 

(Ord. No. 0-2016-8; 1/27/16) (Ord. No. 0-2019-62; 8/14/19)

 

Sec. 10-460 - 469. Reserved.

ARTICLE VII. ENVIRONMENTAL REGULATIONS

DIVISION A. Drainage and Water Utility Improvements

   Sec. 10-470.    Purpose

   Sec. 10-471.   Design of Facilities

   Sec. 10-472.   Requirements by Size of Drainage Area

   Sec. 10-473.   Detention Facilities

   Sec. 10-474.   Alternate Facilities

   Sec. 10-475.   Access and Dedication of Drainage Easements

   Sec. 10-476.   Sewage Facilities

   Sec. 10-477.   Plan Approval

   Sec. 10-478 - 489.   Reserved

DIVISION B. Low Impact Development Alternative

   Sec. 10-490.   Purpose and Intent

   Sec. 10-491.   Applicability

   Sec. 10-492.   Development Incentives and Alternative Standards

   Sec. 10-493.   Site-Specific Storm Water Management Plan [RESERVE]

   Sec. 10-494 – 499.   Reserved

DIVISION C. Water Facilities

   Sec. 10-500.   Adequate Water Facilities

   Sec. 10-501.   Design and Construction Requirements

   Sec. 10-502.   Fire Hydrants

   Sec. 10-503 - 509.   Reserved

DIVISION D. Public and Private Utilities

   Sec. 10-510.   Easements

   Sec. 10-511.   Damage

   Sec. 10-512.   Underground Utilities

   Sec. 10-513.   Construction Permit & Inspection Procedures

   Sec. 10-514.   Standards and Specifications Incorporated by Reference

   Sec. 10-515 - 519.   Reserved.

DIVISION E. Erosion and Sedimentation Control

   Sec. 10-520.   Findings of Fact

   Sec. 10-521.   Purpose

   Sec. 10-522.   Methods of Reducing Erosion and Sedimentation Losses

   Sec. 10-523.   Establishment of Development Permit

   Sec. 10-524.   Compliance with Development Permit

   Sec. 10-525.   Abrogation and Greater Restrictions; Interpretation

   Sec. 10-526.   Designation of Administrator

   Sec. 10-527.   Clearing and Grading Permit Required

   Sec. 10-528.   Policies for Issuance

   Sec. 10-529.   Clearing and Grading Permit Requirements

   Sec. 10-530.   Exemptions

   Sec. 10-531.   Revocation or Suspension

   Sec. 10-532.   Compliance

   Sec. 10-533. - 536.   Reserved.

DIVISION F. Control of Post Construction Stormwater Runoff

   Sec. 10-537.   General Provisions

   Sec. 10-538.   Definitions

   Sec. 10-539.   Stormwater Management Plan Requirements

   Sec. 10-540.   Waivers to Stormwater Management Requirements

   Sec. 10-541.   General Performance Criteria for Stormwater Management

   Sec. 10-542.   Basic Stormwater Management Design Criteria

   Sec. 10-543.   Requirements for Stormwagter Management Plan Approval

   Sec. 10-544.   Maintenance and Repair of Stormwater Facilities

   Sec. 10-545   Enforcement and Penalties

   Sec. 10-546 – 549. Reserved.

DIVISION G. Floodplain Regulations

   Sec. 10-550.   Findings of Fact

   Sec. 10-551.   Purpose

   Sec. 10-552.   Reserved

   Sec. 10-553.   Basis for Establishing the Areas of Special Flood Hazard

   Sec. 10-554.   Methods of Reducing Flood Losses

   Sec. 10-555.   Establishment of Development Permit

   Sec. 10-556.   Compliance and Development Permit

   Sec. 10-557.   Abrogation and greater restrictions; Interpretations

   Sec. 10-558.   Warning and Disclaimer of Liability

   Sec. 10-559.   Designation of Floodplain Administrator

   Sec. 10-560.   Duties and Responsibilities of Floodplain Administrator

   Sec. 10-561.   Development Permit Procedures

   Sec. 10-562.   Review Criteria

   Sec. 10-563.   Variance Procedures

   Sec. 10-564.   General Standards for Flood Hazard Reduction

   Sec. 10-565.   Specific Standards

   Sec. 10-566.   Standards for Subdivision Proposals

   Sec. 10-567.   Standards for Areas of Shallow Flooding Ao/AH Zones

   Sec. 10-568.   Floodways

   Sec. 10-569.   City’s Participation in Flood Control

   Sec. 10-570 - 579.   Reserved.

DIVISION A. Drainage and Water Utility Improvements