1979-062 NOTE Amended by Ordinance No 99-029
ORDINANCe. 9 ' 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 qI?E,
LOCATION AND CONTENTS OF SAID SIGNS, PROVIDING A PFNALTY FOR REMOVAL OR
DEFACING OF SAID SIGNS, PROVIDING FOR SEVERABILITY, AND PROVIDINC AN
EPFECTIVE DATE
THE CITY COUNCIL OF THE CITY OF DFN£ON, TEXAS HEREBY ORDAINg
SECTION I
No later than ten (10) days before the Planning and ?omlng
Commission public hearing on an apppllcatlon for a zoning change or
special permit, the applicant shall allow the Director of Planning or
his designated representative to place a sign or s]qns om 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 Plannlnq Signs placed on the property
site involved shall be no smaller than eighteen (IS)inches by
twenty-fIve (25)Inches and shall at mlnlmum include the words, "Zonlnq
Change Requested" and the current city telephone number of the plannlnq
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 , ~t sba]] be the applicant's
responsibility to remove the sa~d signs from the property site involved
SECTION II
It shall be unlawful for any person prior to a final dzspos~t~on
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 provl~lom of th~s
ordinance be deemed guilty of a m~sdemeanor, and, upon conviction,
shall be punished by a fine not to exceed two hundred dollars ($200 00)
SECTION III
If any section, subsection, paragraph, sentence, clause, phrase or
word in this ordinance, or application thereof to any person or
circumstances is held invalid by any court of competent 7urlsd~ctlon,
such holding shall not affect the validity of the remaining portions of
this ordinance, it being the intent of the City Council of the C~ty of
Denton, Texas in adopting this ordinance, that no portion hereof or
provision or regulation contained shall become lnoperatlve or fail by
reason of any unconstitutionality or ~nval~dlty of any other port~on
hereof and all provisions are declared to be severable for that purpose
SECTION IV
£h]s ordinance shall become effective fourteen days from the date
of its passage, and the City Secretary is dlrmcted to cause the caption
of th~s ordinance to be published twice in the Denton Record-Chronicle,
the official newspaper of the City of Denton, Texas, w~th~n ten (10)
days of the date of its passage
PA~SED AND APPROVED, this the 2lst day of August, A D 1979
~LL"19ASH, ~AYOR'- -
CITY OF DENTON, TEXAS
ATTEST ~
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
BURT R SOLOMONS, ACTING CITY
ATTORNEY, CITY OF DENTON, TEXAS
ORDINANCE NO (J0 --C 7
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 3S
"ZONING" OF THE COD~ OF O~IN~C~S OF THE CITY OF DENTON~ T~S~ BY
R~VISINO S~CTION 35-7 "~NDM~NTS' ~D S~CTION 3S-44 "NOTICE OF PUBLIC
H~NGS', PRO~DING FOR N~W STUD--S FOR PUBLIC NOTIFICATION
PROC~DU~8 U$~D TO ~RTIS~ PUBLIC H~NOS ~QUI~D WHeN TH~
BOUNDerS OF ZONING DIST~CTS OR TH~ ~GU~ATIONS ~ST~LISH~D
~AT~D TO ZONINO ~ ~ND~D~ SUPPLeMeNTeD, OR CrinOiD, OR WHeN
ZONING V~C~S~ ~P~S~ OR SP~CI~ ~XC~PTION8 ~ M~, ~QUI~NG
TH~ US~ OF C~RTIFI~D ~ TO NOTI~ PROPERTY O~ LOCATED WITHIN
200 FEET FROM A PROPERTY ~E~ A ZONING CH~GE, V~CE, ~PE~, OR
SPECI~ EXCE~ION IS ~QUESTED, ~QUI~NG THE USE OF ~T CLASS ~L
TO NOTI~ PROPERTY O~E~ LOCATED ~THIN 500 FEET OF A PROPERTY
WHE~ A ZONING C~GE, V~CE, APPEl, OR SPECI~ EXCE~ION IS
~QUESTED, ~QUI~NG T~ POSTING OF SIGNS ~RTISING PUBLIC HE~NG
DATES ON PROPERTIES ~E~ A ZONING CH~GE, V~CE, APPEl, OR
SPECI~ EXCEPTION IS ~QUES~D, BY ~DING SECTION 35-~6 "ACCESS TO
PROPERTY~DY FOR ~MOV~ OF SIGN', PRO~DING THE ~MOV~ OF A
SIGN POSTED PER THIS O~IN~CE CONSTITUTES A ~OLATION OF LAW,
~PE~ING O~IN~CE 79-62, PRO~DING A PEN~ IN THE ~M
~OUNT OF $2,000 00 FOR ~OLATIONS THE~OF, PRO~DING A SERVILITY
CLAUSE, PRO~DING A SA~NGS CLAUSE ~D PRO~DING FOR ~ EF~CTIVE
DATE
~E~AS, ~e C~ of DenWn, Tex~ holds pubhc he~ngs ~ requlr~ by Chapter 35
"Zomng" for m~y pu~oses, including zomng men~ents, vm~ces, zoning appeals, ~d specxal
exceptions to ~e zomng code, ~d
~E~AS, the C~W of Denton comphes w~ Tex~ State Law reg~d~ng reqmrements for
pubhc hemng notification of c~ttz~s ~d mt~ested p~xes, ~d
~E~AS, ~e C~W Co.cd of ~e C~ of Denton h~ dctemmed ~at pubhc hemng
notification pmc~es s~ngly ~fect pubhc p~c~patxon ~n c~W gove~ent, ~d ~at h~ levels of
pubhc p~expat~on ~e m~ to good gove~ent ~d so~d m~c~pal dec~s~on-m~ng, ~d
~AS, ~e CxW Co~c~l of ~e CtW of Denton ~ detem~ned ~at pubhc hemng
notification req~t~ sho~d be exp~d~ ~d ~mproved to mmntmn ~ levels of pubhc
p~c~pat~on, ~d ~at o~ me~es have been ~denttfied to e~ce ex~stmg reqmrm~ts, ~d
~AS, ~e C1W Co.ell h~ conducted a pubhc hemng on the proposed regulations
contmned herexn, NOW THE~FO~
T~ CO~qC~ OF T~ CITY OF DE~ON, TE~S HE.BY O~S
~ ~at Chapt~ 35 "Zomg" of the Code of ~d~n~ces of ~e CxW of Denton,
Text, ~s h~eby m~ded by deleting subsection (b)(3) to Sectton 35-7 "~en~ents," ~d r~lac~ng
~e subs~t~on w~ l~age to read ~ follows
(3) Public Hear, ng Requ,red by Planning and Zoning Commission The Planmng
and Zoning Commms~on shall hold a pubhc heanng on any apphcabon for an
amendment or change ,n the zoning ordmanca pnor to making ~ts recommendation
and report to the c~ty counctl
(a) Notice of Public Hearing Not,ca of the pubhc heanng shall be given not
Isss than ten (10) days before the date set for the commission's publ;c heanng
using each of the following methods
(I) Published Notice Notice of the scheduled pubhc hsanng shall be
pubhshed ~n the offic;al newspaper of the c~ty stating the t~me and
place of such pubhc heanng and a descnpt~on of the requested
amendment to the zomng ordinance
(ii) Legal Notice Legal notme of the scheduled pubhc heanng shall be
sent to all owners of real property lying w~th~n two hundred (200) feet
of the subject property Not,ca shall be g~ven by posting such notme
not less than ten (10) days before the date set for heanng, properly
addressed and postage-paid wa certified ma~l to each owner as
~nd~cated by the most recently approved city tax roll
(111) Courtesy Notice Written not~ce of the scheduled pubhc heanng,
properly addressed and postage-pa~d wa first class ma~l shall be
provided to all residents of property located within five hundred (500)
feet of the subject property by posting such not,ca to each parcel
address as recorded on the c~ty's Geographic Information System
(GIS) data base Failure on the part of property owners to receive the
courtesy notice shall not ~nvahdate the scheduled pubhc heanng
process
(Iv) Poated Notice A sign shall be posted on the subject property
according to rules estabhshed and pubhshed by the Planmng and
Development Department, a copy of which w~ll be available at the
C~ty Secretary's office and the Planmng and Development
Department offices
(b) Action by the Planning and Zoning Commission
(i) Recommendation of Approval If the comm,ssion recommends
approval of the requested zomng change, such request shall be
referred to the council at their next available regular meeting, except
that ~t shall be not less than twenty (20) days but not more than s~xty
(60) days after the commtsslon meeting at which the recommendation
was made
{11) Conditions may be attached In order to safeguard the pubhc
safety and welfare and to protect properties from adverse ~mpacts
and ~ncompatlbd~t~es, the commission may recommend conditions
and restncttons on the subject property
(i11) Recommendation of Denial If the commission recommends demal
of the requested zomng change, such request shall not be referred to
the council unless the apphcant, w~th~n ten (10) days of the
commission's action, shall file a request m writing w~th the
Department requesting that the councd revfew the commission's
recommendation
~ That Chapter 35 "Zomng' of the Code of Ordinances of the Clty of Denton, Texas
~s hereby amended by deleting Section 35-44 "Nottce ofPubhc Heanngs" and replacing the section w~th
language to reed as follows
Sec 35-44 Notice of public hearings
The Zomng Board of AdJustment shall hold a pubhc heanng on all apphcat~ons and
appeals made hereto
(a) Notice of Public Hearing Not~ce of the pubhc heanng shall be g~ven not
less than ten (10) days before the date set for the board's pubhc heanng using
each of the following methods
(1) Published Notice Notme of the scheduled pubhc hearing shall be
pubhshed ~n the official newspaper of the c~ty stating the ttme and place
of such pubhc heanng and a description of the requested amendment to
the zomng ordfnance
(2) Legal Notice Legal not~ce of the scheduled pubhc heanng shall be sent
to all owners of real property lying w~th~n two hundred (200) feet of the
subject property Notice shall be g~ven by posting such notme not less
than ten (10) days before the date set for heanng, properly addressed
and postage-pa~d via certified marl to each owner as ~ndtcated by the
most recently approved cdy tax roll
(3) Courteay Notice Wntten notme of the scheduled pubhc heanng
propedy addressed and postage-pa~d wa first class ma~l shall be
provided to all residents of property located w~th~n five hundred (500) feet
of the subject property by posting such not~ce 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 notme shall
not ~nvahdate the scheduled pubhc heanng process
(4) Poated Notice A s,gn shall be posted on the subject property according
to rules established and pubhshed by the Planmng and Development
Department, a copy of which wdl be available at the Ctty Secretary s
office and the Planning and Development Department offices
SECTION III, That Chapter 35 "Zomng' of the Code of Or&nances of the C~ty of Demon
Texas, ~s hereby mended by addmg Sectton 35-56 "Access to Property, Remedy for Removal of Stgn' to
read as follows
(a) Access to Property The applacant/pet~ttoner/landowner shall allow the D~rector of Planmng
and Development or his/her destgnee to enter on to the premises for which a zomng change or
amendment, variance, appeal, or specaal exception pubhc heanng is scheduled for the purposes of
~nstallmg, mmntmnmg, and remowng sagns reqmred by this or&nance
(b) Remedy for Removal of S~gn It shall be unlawful for any person, other than the D~rector of
Plannm§ and Development or his/her destgnee, to knowangly remove, deface, or injure tn any manner a
stgn or part therenf reqmred by the prowsaons of this ordinance
SECTION IV That the pmv~saons of Orchnance 79-62 are hereby repealed m thetr en~ety
SECTION V. That any person vaolatmg any pmmslon of flus ordinance shall, upon eonvaetaon,
be fined a sum not exceeding $2,000 00 Each day that a provasaon of this ordmence ts wolated shall
constitute a separate and chstmct offense
SECTION VI. That tf any sectmn, subsection, paragraph, sentence, clause, phrase or word tn
this ordinance, or apphcatmn thereof to any person or mrcumstanees xs held lnvalad by any court of
competent junsdmtton, such holdmg shall not affect the valx&ty of the rematmng por~lons of this
ordinance, and the City Council of the Caty of Denton, Texas hereby declares ~t would have enacted
such remaamng porttons desptte any such vahchty
SECTION VII. That all provision8 of the ordinances of the Cxty of Denton m conflact w~th the
provmons of fins ordinance are hereby repealed, and all other provmons of the ordinances of the Ctty
of Denton, not m conflaet wath the provlsmns of this ordmance, shall remain m full force and effect
SECTION VIII[, That thts ordinance shall become effective fourteen (14) days from Its
passage, and the Caty Secretary is hereby darected to cause the caption of this ordinance to be pubhshed
twaee m the Denton Reeord-Chromele, a dmly newspaper published m the Cay of Denton, Texas,
wtthin ten (10) days of the date oftts passage
PASSED AND APPROVED this the ,~/'~ dayof . .~q.Z~__,/?.Z~_ .1999
JACK MILLE~,~MA~OR
ATTEST
JENNIFER WALTERS, CITY SECRETARY