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2018-080 Illegal Land Use ISRDate: June 29, 2018 Report No. 2018-080 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Illegal Land Uses EXECUTIVE SUMMARY: Zoning Enforcement (ZE) is a division of the Department of Development Services. ZE officers are responsible for ensuring land uses are in compliance with the City’s zoning ordinances. These officers conduct extensive research to determine the history of a use and the applicable zoning regulations and work closely with property owners, individual citizens, and businesses on an as- needed basis to bring illegal uses in compliance. BACKGROUND: At a recent meeting, City Council inquired about how illegal land uses are handled and what enforcement actions the City takes in these cases. Below is a discussion and general overview of how the City’s ZE officers handle cases of illegal land use. DISCUSSION: With regard to issues of illegal land use, ZE employs several steps to gain compliance. Voluntary compliance is the desired result, and ZE officers make every effort to gain compliance through personal contact and education related to City ordinances. Voluntary compliance can mean one of four things: 1) Cessation of the illegal use; 2) Application for a Specific Use Permit (SUP) to continue the use, if this is a permitted option under the applicable zoning district; 3) Application to rezone the subject property to allow for the use; or 4) Relocation of the use (business) to a property with a zoning district that allows the use. In most cases concerning illegal land use, the use is a business-related activity, though there are occasions where the use is conducted by an individual citizen on private residential property. In many instances, cases of illegal land use are derived from a citizen complaint. When ZE receives a complaint, much preliminary research is conducted before an officer makes face-to-face contact with a citizen/business. ZE officers research the current and historical zoning of the property, as this affects enforcement options. Certain properties have legal non-conforming status that in effect “freezes” the use of the property – even if that use does not comply with current zoning ordinances. Additionally, the annexation of property into the City can limit the ordinances that can be enforced. When a property is annexed, the City essentially agrees to take annexed properties “as is,” so existing uses on these parcels are not subject to conforming to current zoning ordinances. ZE officers have annexation maps that are reviewed before proceeding with any actions; these maps detail when certain parcels were annexed into the City. Once the applicable zoning regulations are determined, ZE officers research the Denton Development Code (DDC) to determine allowable uses for the zoning. Often, a SUP is required in Date: June 29, 2018 Report No. 2018-080 order for a citizen/business to continue their use. ZE officers consult appropriate staff in the Planning Department to ensure that their conclusions regarding the need for a SUP are correct before making contact with the citizen. In other cases where an SUP is not applicable, a rezoning may be appropriate to permit the use. At this stage in the preliminary research, officers then research Development Services records for Certificates of Occupancy (COs) for any businesses on the parcel, along with any other documentation relating to said businesses. After preliminary research is complete, ZE officers attempt to make in-person contact with the citizen/business owner. Officers explain the nature of the complaint and the zoning regulations. If a SUP is required or a rezoning is appropriate in order for the citizen/business to continue the use, officers explain this process and provide contact information for all relevant parties. A notice and order is issued to the citizen/business owner; this order details all of the information that has been explained verbally and provides a timeline for the citizen/business to gain compliance. The notice and order is not a citation, but the citizen/business owner is asked to sign the order and are then given a copy of the order. After the allotted time provided by the notice and order, ZE officers conduct follow-up inspections. Officers check the property to determine if the citizen/business has ceased the illegal land use. In cases where a SUP or rezoning is required in order to continue the use, officers consult appropriate staff and departmental software to check for SUP or rezoning application. If application has been made, ZE officers continue to monitor the progress of the application to ensure that the permit application does not stagnate. If the citizen/business owner has not 1) ceased the illegal land use, 2) applied for a SUP (where applicable), or 3) submitted application to rezone the property, the ZE officer makes final contact to offer an extension and additional resources to gain compliance. At this stage, if the citizen/business has not made reasonable attempts to gain compliance, ZE officers have two additional methods to gain compliance: A court summons and/or issuing the citizen/business owner a citation. If a friendly rapport exists between the officer and the other party, a citation can be issued. If the situation is more delicate, a court summons is often the best solution. To obtain a summons, an officer constructs a probable cause affidavit for summons, which is reviewed by the municipal court judge. After the judge reviews all the documentation – and finds merit for the summons – a summons is issued through the municipal court. The defendant is brought to court to enter their plea and/or pay their fine. If the defendant wishes to pursue a trial, the ZE officer is responsible for working with the prosecutor to provide him/her with all relevant information. If the defendant pays the fine, this does not absolve the defendant of the continued illegal land use. In this circumstance, ZE officers would continue to monitor the property and cite the citizen/business owner daily for the continued illegal land use, essentially forcing a court appearance by the defendant to establish a plan to gain compliance. CONCLUSION: The City’s Zoning Enforcement division is charged with bringing illegal land uses into compliance with the City’s zoning ordinance. There are multiple methods by which an illegal use can become compliance with the zoning regulations, as outlined above. Every illegal land use case is unique and requires extensive research and coordination between the ZE officers and the citizen/business owner. Further information on this topic can be provided to the Council upon request. Date: June 29, 2018 Report No. 2018-080 STAFF CONTACT: Scott A. McDonald, Director of Development Services Scott.McDonald@cityofdenton.com (940)349-8539