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HomeMy WebLinkAboutDCA24-0006aORDINANCE NO DCA24–OO06a AN ORDNANCE OF TIEE CITY OF DDTTON, TWAS AMENDRgG THE DENTON DEVELOPMENT CODE STANDARDS AND REGULATIONS FOR DONATION BOXES; AMENDMENTS INCLUDE BUT ARE NOT LIN©IED TO TABLE 5.2-A: TABLE OF ALLOWED USES. SECTION 5.4.3 : GENERAL STANDARDS FOR ACCESSORY USES AND STRUC'ruRES. SECTION 5.4.4: ADDITIONAL STANDARDS FOR SPECIFIC ACCESSORY USES. AND SECTION 9.2: DEFn{rrIONS RELATED TO DONATION BOXES; PROVIDUqG FOR APPLICATION REQUIREMnqTS AND PROCESS; PROVIDnqG FOR A PENALTY IN THE MAMdUM AMOUNr OF $2,000.00 FOR VIOLATIONS THEREOF; PROVDniG SAVINGS AND SEVERABILITY CLAUSES AND AN EFFECTIVE DATE. (DCA24-0006a) WHEREAS, pursuant to Ordinance No. DCA18-0009q, the City Council of the City of Denton adopted the newly revised 2019 Denton Development Code, the (“DDC”); and WHEREAS, donation boxes are not an allbwed use in the DDC; and WHEREAS, the United States Supreme Court has recognized that solicitation of donations is expressive conduct protected by the First Amendment; and WHEREAS, the amendments proposed include the following: 1. Table 5.2-A: Table of Allowed Uses – Update regulations for a Donation Box 2. Section 5.4.3: General Standards for Accessory Uses and Structures – exempting donation boxes from &ont and side yard prohibitions 3. Section 5.4.4: Additional Standards for Specific Accessory Uses – related to a Donation Box 4. Section 9.2: Definitions – Update definitions for Donation Box; and WHEREAS, on May 15, 2024, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, gave the requisite notices by publication, held due hearings and recommended approval [7-0] of the amendment to the Denton Development Code; and WHEREAS, on June 4, 2.024, the City Council likewise conducted a public hearing in accordance with local and state law and the City Council hereby finds.that the Code amendments are consistent with the City’s comprehensive plan, and the federal, state, and local law are in the best interests of the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE crrY OF DENrON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance ale incorporated herein by reference and found to be true. Page 1 of 3 i SECTION 2. Table 5.2-A: Table of Allowed Uses, Section 5.4.4: Additional Standards for Specific Accessory Uses, and Section 9.2: Definitions of the DDC are amended as set forth in “Exhibit A”, which is attached and my incorporated herein by reference. SECTION 3. By the adoption of the provisions herein existing donation boxes located in the Denton City Limits and identified on “Exhibit B” which is attached and fully incorporated herein by reference, are hereby deemed allowed, conforming uses as they exist on the date of approval of this Ordinance. Existing Donation Boxes shall comply with Section 5.4.4 of the Denton Development Code, as amended. SECTION 4. Any person, film, partnership, or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by a fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated, shall constitute a separate and distinct oKense. SECTION 5. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 6. An oaense committed before the effective date of this ordinance is governed by prior law and the provisions of the Denton Development Code, as amended, in effect when the offense was committed, and the former law is continued in effect for this purpose. SECTION 7. Save and except as amended hereby, the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Denton Development Code shall remain in full force and effect. SECTION 8. In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days &om the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. The motion to approve this ordinance was made by afBbib.\ c\Kkk Fl,C*c and seconded by BfI k.'\ Scc k , the ordinance was passed and approved bythe following vote K- IJ: Aye Nay Abstain Absent Mayor Gerard Hudspeth:,-/ ,/ JX Vicki Byrd, District 1: Brian Beck District 2: Page 2 of 3 [ Paul Meitzer. District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5: Jill Jester, At Large Place 6: J J a J PASSED AND APPROVED this the ql" day of Jp,b{-2024. ArrEST: LAUREN THODEN, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: Page 3 of 3 Exhibit A Amend 5.2-A Table of Allowed Uses as follows: Table 5.2.A: Table of Allowed Uses ICtfTC use permIt requIred Blank cell = use prohibited += use-specific standards aS= Amend Section 5.4.3: related to for Donation Boxes, to read as follows: 11 B. Accessory structures, with the exception of donation boxes, non-residential detached carports, gas station car wash facitities, and security/entry booths, are prohibited in front and side yards. Accessory structures for public or private schools may be located in side yards, but shall not be located in front yards. Amend Section 5.4.4: to repeal and replace the standards and requirements for Donation Boxes, to read as follows: It B. +eFthe 1. Donation Box. A donation box 5holl noi restrict the use or access+o any parking space54 baRre required principe+ use on the lot. Donation boxes shall comply with the following: General a. A donation box shall not be an allowed accessorY use to those uses listed under the headers Residential Uses Household Living and Industrial Uses as provided for in Table 5.2-A: Table of Allowed Uses. The storage of donated materials, goods, supplies shall occur only within the permitted donation box. Donated items shall not be stored outside of the permitted donation box. c. A donation box shall not be used for the donation and collection of hazardous chemicals, mechanical equipment, or electrical equipment. A maximum of one donation box is allowed for buildings 50,000 square feet or less. One addItional donation box may be permitted for every additional 50,000 square feet (or portion thereon of floor area of the principal structure. In no instance shall more than three (3) donation boxes be permitted on a single lot. For shopping center sites, a sIte shall be defined as the lot or contiguous area of real property which encompasses all the buildings, structures, appurtenances and land devoted to a common use occupying and using multiple contiguous lots. Shopping center sites shall be subject to the same square footage requirements provided in subsection (1)(d) and no more than three (3) donation boxes may be permitted on a shoppIng center site. Pad sites or outparcels platted independent of the parent lot(s) shall be considered included as part of the shopping center site. Location and DesIgn. b d e 2. Page 1 of 3 a. Donation box placement must comply with the minimum front-, side, and rear-yard setback of the applicable zoning district. b. Donation boxes shall be located on an improved surface, but may not be located in any part of a public easembnt, fire lane, requIred parking space, maneuvering lane, public right-of-way, or Vision Clearance Area. & The base area of a donation box shall not exceed 50 square feet in size. d. The height of a donation box shall not exceed 8 feet in height. e. A donation box shall not be allowed to contain text and/or illustratiorLS related to any off- premises businesses and/or organization..A donation box may contain signage related to the entitY/organization for which donations.ate being solicited. f. A donatIon box shall be required to display the name, address, phone number, and e-mail of a designated local contact who is responsible for the maintenance and upkeep of the donation box as well as a current permit decal issued by the atv. & Donation boxes shall be constructed from sturdy, weather resistant material in accordance with the City’s adopted buIlding code. Registration and Permitting. No person or entIty shall place and utilize a donation box for whIch a registration has not been properly made and fee paId and filed wIth the Development Services Department and a permit decal issued by the CitY. Permits shall be valid for 12 months and registration shall be made upon forms furnished by the city for such purpose and shall require the following minimum information: a. Name, address, phone number, and email address of the propertY owner and the owner and operatdr of the donatIon box (if different); b. Name, address, phone number and e-mail address of the management company if the donation box is to be managed by a managernent company that is not the property owner nor the owner and operator of the donation box; a Name, address, phone number and e-mail address of the designated local contact responsible for the maintenance and upkeep of the donation box; d. If the applicant does not own the property where the donation box is to be located, the applicant must provide .written authorization, signed by the propertY owner before a notary public, authorizIng the applicant to place a donation box on the premises; and e. A site plan/survey of the property including the principal use, associated parking, and proposed location of the donation box to ensure complianee with.Section S.4.4B.2 Maintenance and Upkeep. a. The permit holder and the property owner shall be held jointly and severally liable and responsible for the maintenance, upkeep, and servicing of the donation box and clean up and .removal of any donations left on the property outside of the donation box. Any maintenance, service, or cleanup associated with a donation box shall be completed within 24 hours of notification and/or issuance of citation by the city to the designated local contact for the box or the management company and/or owner listed on the registration. The city shall have the authority to abate any property in violation of this subsection that is deemed a public nuIsance under any other provision of the Code of Ordinances. b a The visual and structural Integrity of the donatidn box must be maintained continuously. d. The current permit decal for the specific donation box must be affixed and displayed at all times on the outside of the donation box. RevocatIon of Permit a. Ground$ Any perrnit issued hereunder may be revoked by the City if the permit holder has received two citations for violation(s) of this Subsection or any other provIsion of this code within a 12-month time period or has knowingly made a false materIal statement in the application or otherwise becomes dIsqualified for the issuance of q permit under the terms of this Subsection. 3. 4. 5. Page 2 of 3 - b.Notice. Notice of the revocation shall be given to the permit holder in writing, with the reasons for the revocation specified in the notice, served either by personal service or by certified United States mail to their last known address. The revocation shall become effective the date following personal service or if mailed, three days from the date of mailing. Stay. Any appeal of revocation pursuant to Section 2.8.3 shall stay the revocation until said appeal is finalized. Removal of box; impoundment. Upon finalization of any revocation, the permIt holder shall remove said donation box no later than ten days after said final decision. Upon expiration of this ten.day grace period, the donation box shall acquire noncompliant status and be subject to immediate impoundment without further notice. One-year waitinR period. In the event the permit of any permit holder is revoked by the city, no subsequent permit shall be issued to such person or affiliated entity within one year of the date such permit revocation was finalized. C. d. e. Amend Section 9.2: Definitions, to update the definition to read as follows: Donation Box: A portable container for the acceptance of donations operated by a non-governmental entity, a far- profIt company, or a non-profit organization that can be emptied and readily moved. Such uses shall+in accessory to a primary business on the same lot. Page 3 of 3 Exhibit B Existing Donation Boxes @ • © • • • • © • • • 8 e Newton Rayzor Elementary: 1400 Maldne St. Denton Bible Church: 2300 E. University Dr. Singing Oaks Church of Christ: 101 Cardinal Dr. Ginnings Elementary: 2525 Yellowstone Pl. Thrift Giant: 1701 Brinker Rd. Callhoun Middle School: 709 W Congress Hodge Elementary: 3900 Grant Pkwy, Borman Elementary: 1201 Parvin St. (in the parking lot, left side) Alexander Elementary: 800 Mack Dr. Ann Windle School for Young Children: 901 AudI:a La Evers Elementary: 3300 Evers pkwy. Pecan Creek Elementary: 4400 Lakeview Rd. Salvation Amy: 1508 E McKinney Street Page 1 of 1