HomeMy WebLinkAbout1999-029ORDINANCE NO.
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 3544 "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 79-62; 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 herem, NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION I. That Chapter 35 "Zomng" 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
(II) 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
(III) 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
(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
(ii) 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
(III) Recommendation of Denial If the commission recommends denial
of the requested zoning change, such request shall not be referred to
the council unless the applicant, within ten (10) days of the
commission's action, shall file a request in wntmg with the
Department requesting that the council review the commission's
recommendation
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
SECT ON 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 apphcant/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 tlus ordinance
(b) Remedy for Removal of Sign It shall be unlawful for any person, other than the Director of
Planning and Development or his/her 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
SECTION 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 -Chronicle, 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 day of 11999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
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