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HomeMy WebLinkAbout1979-062NOTE Amended by Ordinance No 99-029 ORDINANCE NO 7 9 - 6 A AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE POSTING OF SIGNS BY THE DIRECTOR OF PLANNING UPON THE APPLICATION FOR A ZONING CHANGE OR A SPECIAL PERMIT, PROVIDING FOR RFQUIRFMENTS FOR THE 4I7E, LOCATION AND CONTENTS OF SAID SIGNS, PROVIDING A PFNALTY rOR REMOVAL OR DEFACING OF SAID SIGNS, PROVIDING FOR SEVERABILITY, AND PROVIDINC AN EFFECTIVE DATE THE CITY COUNCIL OF THE CITY OF DFNPON, TEXAS HEREBY ORDAINS SECTION I No later than ten (10) days before the Planning and Toning Commission public hearing on an appplication for a zoning change or special permit, the applicant shall allow the Director of Planning or his designated representative to place a sign or signs on the property site under application for the purpose of advertising proposed zoning changes and special permits Signs placed on the property site involved shall be in the best location possible for general public view as determined by Director of Planning Signs placed on the property site involved shall be no smaller than eighteen (18)inches by twenty-five (25)inches and shall at minimum include the words, "Zoninq Change Requested" and the current city telephone number of the planninq department All signs shall remain on the property site until final disposition of the zoning or special permit request is determined Upon such a final disposition r it shall be the applicant's responsibility to remove the said signs from the property site involved SECTION II It shall be unlawful for any person prior to a final disposition of an application request to knowingly remove, deface or injure in any manner a sign or part thereof placed upon property under the authority of this ordinance Any person who violates any provision of this ordinance be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not to exceed two hundred dollars ($900 00) SECTION III If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaininq portions of this ordinance, it being the intent of the City Council of the City of Denton, Texas in adopting this ordinance, that no portion hereof or provision or regulation contained shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion hereof and all provisions are declared to be severable for that purpose SECTION IV Phis ordinance shall become effective fourteen days from the date of its passage, and the City Secretary is directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED, this the 21st day of August, A D 1979 LL ASH, MAYOR - CITY OP DENTON, TEXAS ATTEST BRt)Qa OLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM 469:5�� BURT R SOLOMONS, ACTING CITY ATTORNEY, CITY OF DENTON, TEXAS ORDINANCE NO QC1-C AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 35 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY REVISING SECTION 35-7 "AMENDMENTS" AND SECTION 35-44 "NOTICE OF PUBLIC HEARINGS", PROVIDING FOR NEW STANDARDS FOR PUBLIC NOTIFICATION PROCEDURES USED TO ADVERTISE PUBLIC HEARINGS REQUIRED WHEN THE BOUNDARIES OF ZONING DISTRICTS OR THE REGULATIONS ESTABLISHED RELATED TO ZONING ARE AMENDED, SUPPLEMENTED, OR CHANGED, OR WHEN ZONING VARIANCES, APPEALS, OR SPECIAL EXCEPTIONS ARE MADE, REQUIRING THE USE OF CERTIFIED MAIL TO NOTIFY PROPERTY OWNERS LOCATED WITHIN 200 FEET FROM A PROPERTY WHERE A ZONING CHANGE, VARIANCE, APPEAL, OR SPECIAL EXCEPTION IS REQUESTED, REQUIRING THE USE OF FIRST CLASS MAIL TO NOTIFY PROPERTY OWNERS LOCATED WITHIN 500 FEET OF A PROPERTY WHERE A ZONING CHANGE, VARIANCE, APPEAL, OR SPECIAL EXCEPTION IS REQUESTED, REQUIRING THE POSTING OF SIGNS ADVERTISING PUBLIC HEARING DATES ON PROPERTIES WHERE A ZONING CHANGE, VARIANCE, APPEAL, OR SPECIAL EXCEPTION IS REQUESTED, BY ADDING SECTION 35-56 "ACCESS TO PROPERTY/REMEDY FOR REMOVAL OF SIGN", PROVIDING THE REMOVAL OF A SIGN POSTED PER THIS ORDINANCE CONSTITUTES A VIOLATION OF LAW, REPEALING ORDINANCE 79-629 PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton, Texas holds public hearings as required by Chapter 35 "Zoning" for many purposes, including zoning amendments, variances, zoning appeals, and special exceptions to the zoning code, and WHEREAS, the City of Denton complies with Texas State Law regarding requirements for public hearing notification of citizens and interested parties, and WHEREAS, the City Council of the City of Denton has determined that public hearing notification procedures strongly affect public participation in city government, and that high levels of public participation are vital to good government and sound municipal decision -making, and WHEREAS, the City Council of the City of Denton has determined that public hearing notification requirements should be expanded and improved to maintain high levels of public participation, and that other measures have been identified to enhance existing requirements, and WHEREAS, the City Council has conducted a public hearing on the proposed regulations contained herein, NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I. That Chapter 35 "Zoning" of the Code of Ordinances of the City of Denton, Texas, is hereby amended by deleting subsection (b)(3) to Section 35-7 "Amendments," and replacing the subsection with language to read as follows (3) Public Hearing Required by Planning and Zoning Commission The Planning and Zoning Commission shall hold a public hearing on any application for an amendment or change in the zoning ordinance prior to making its recommendation and report to the city council (a) Notice of Public Hearing Notice of the public hearing shall be given not less than ten (10) days before the date set for the commission's public hearing using each of the following methods (1) Published Notice Notice of the scheduled public hearing shall be published in the official newspaper of the city stating the time and place of such public hearing and a description of the requested amendment to the zoning ordinance (11) Legal Notice Legal notice of the scheduled public hearing shall be sent to all owners of real property lying within two hundred (200) feet of the subject property Notice shall be given by posting such notice not less than ten (10) days before the date set for hearing, properly addressed and postage -paid via certified mail to each owner as indicated by the most recently approved city tax roll (111) Courtesy Notice Written notice of the scheduled public hearing, properly addressed and postage -paid via first class mail shall be provided to all residents of property located within five hundred (500) feet of the subject property by posting such notice to each parcel address as recorded on the city's Geographic Information System (GIS) data base Failure on the part of property owners to receive the courtesy notice shall not invalidate the scheduled public hearing process (iv) Posted Notice A sign shall be posted on the subject property according to rules established and published by the Planning and Development Department, a copy of which will be available at the City Secretary's office and the Planning and Development Department offices (b) Action by the Planning and Zoning Commission (1) Recommendation of Approval If the commission recommends approval of the requested zoning change, such request shall be referred to the council at their next available regular meeting, except that it shall be not less than twenty (20) days but not more than sixty (60) days after the commission meeting at which the recommendation was made (11) Conditions may be attached In order to safeguard the public safety and welfare and to protect properties from adverse impacts and incompatibilities, the commission may recommend conditions and restrictions on the subject property (ill) Recommendation of Denial If the c of the requested zoning change, such the council unless the applicant, commission's action, shall file a Department requesting that the coi recommendation commission recommends denial request shall not be referred to within ten (10) days of the request in writing with the incd review the commission's SECTION U. That Chapter 35 "Zoning' of the Code of Ordinances of the City of Denton, Texas is hereby amended by deleting Section 35-44 "Notice of Public Hearings" and replacing the section with language to read as follows Sec 35-44 Notice of public hearings The Zoning Board of Adjustment shall hold a public hearing on all applications and appeals made hereto (a) Notice of Public Hearing Notice of the public hearing shall be given not less than ten (10) days before the date set for the board's public hearing using each of the following methods (1) Published Notice Notice of the scheduled public hearing shall be published in the official newspaper of the city stating the time and place of such public hearing and a description of the requested amendment to the zoning ordinance (2) Legal Notice Legal notice of the scheduled public hearing shall be sent to all owners of real property lying within two hundred (200) feet of the subject property Notice shall be given by posting such notice not less than ten (10) days before the date set for hearing, properly addressed and postage -paid via certified mad to each owner as indicated by the most recently approved city tax roll (3) Courtesy Notice Written notice of the scheduled public hearing properly addressed and postage -paid via first class mad shall be provided to all residents of property located within five hundred (500) feet of the subject property by posting such notice to each parcel address as recorded on the city's Geographic Information System (GIS) data base Failure on the part of property owners to receive the courtesy notice shall not invalidate the scheduled public hearing process (4) Posted Notice A sign shall be posted on the subject property according to rules established and published by the Planning and Development Department, a copy of which will be available at the City Secretary s office and the Planning and Development Department offices SECTION III. That Chapter 35 "Zoning' of the Code of Ordinances of the City of Denton Texas, is hereby amended by adding Section 35-56 "Access to Property, Remedy for Removal of Sign' to read as follows (a) Access to Property The applicant/petitioner/landowner shall allow the Director of Planning and Development or his/her designee to enter on to the premises for which a zoning change or amendment, variance, appeal, or special exception public hearing is scheduled for the purposes of installing, maintaining, and removing signs required by this ordinance (b) Remedy for Removal of Sign It shall be unlawful for any person, other than the Director of Planning and Development or lusher designee, to knowingly remove, deface, or injure in any manner a sign or part thereof required by the provisions of this ordinance SECTION IV That the provisions of Ordinance 79-62 are hereby repealed in their entirety SECTION V. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION VI. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such validity SECTION VII. That all provisions of the ordinances of the City of Denton in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force and effect SEC1I0N VIII. That this ordinance shall become effective fourteen (14) days from its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chromcle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the -ty- day of 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY BY I W' Z