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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