2013-045s:\legallour documentslordinances\13\dca12-0008.doc
ORDINANCE NO. 2� 13-�45
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DENTON
DEVELOPMENT CODE MODIFYING THE STANDARD PROCEDURES FOR CERTIFICATE
OF APPROPRIATENESS REVIEW IN SUBCHAPTER 35.7; AND PROVIDING FOR A
PENALTY 1N THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (DCA12-0008)
WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of Denton,
Texas adopted the Denton Development Code (the "Development Code"); and
WHEREAS, after providing notice and after conducting a public hearing as required by law,
the Planning and Zoning Cominission recommended approval of certain changes to Subchapter 35.7
of the Denton Development Code; and
WHEREAS, after providing notice and after conducting a public hearing as required by law,
the City Council finds that the subject changes to the Denton Development Code are consistent with
the Comprehensive Plan and are in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true.
SECTION 2. Subchapter 35.7 of the Denton Development Code is amended to read as
follows:
Section 35.7.6.8.D.1 Standard procedure for a certificate of appropriateness review.
If the applicant is seeking a certificate of appropriateness to authorize work that is not
ordinary maintenance or a minor exterior alteration, the preservation officer shall forward
the application to the historic landmark commission for review not later than twenty-one
(21) days of receipt of a completed application. No Application shall be accepted for
processing unless it ts accompanied by all documents required by and prepared in
accordance with the requirements of this Subchapter, applicable Criteria Manuals, and a11
applicable City ordinances, rules and regulations (the "Regulations"). Not later than the
tenth business day after the submission of the Application, the DRC Chair sha11 make a
determination in writing whether the Application constitutes a complete Application. An
email or comment in the City's permit tracking prograrn is considered a determination in
writing. The determination shall specify the documents or other information needed to
complete the Application and sha11 state the date the Application will expire if the
documents or other information are not provided. The historic landmark commission
shall conduct a public hearing on the applications to allow applicants and interested
persons to present their views.
2. All decisions of the commission shall be in writing, stating its approval or the specific
reasons for denying or modifying any applications. A copy of the certificate shall be sent
to the applicant and a copy filed with planning and development department.
3. If a certificate of appropriateness has been approved by the historic landmarlc
commission:
a. It shall issue the certificate to the applicant; and
b. If a building permit is required for the proposed worlc, a copy of the certificate of
appropriateness shall be forwarded to the building official. I
4. If a certificate of appropriateness has been denied, the applicant may appeal the decision
in writing to the city council by filing a written notice with the city secretary within ten
(10) days of receiving notice of the denial.
5. After a final decision is reached denying a certificate of appropriateness, no further
applications may be considered for the subj ect matter of the denied certificate for one (1)
year from the date of the final decision unless:
a. The historic landmark commission waives the time limitation because the historic
landmark commission finds that there are changed circumstances regarding the
property sufficient to warrant a new hearing. A simple maj ority vote by the historic
landmark commission is required to grant the request for a waiver of the time
limitation. If the historic landmarlc commission denies the request the applicant
may appeal in writing to the city council by filing written notice with the city
secretary within ten (10) days of receiving the notice of the denial.
6. If final action has not been talcen by the landmarlc commission within forty-five (45) days
of the posting of the application on the commission's agenda by the preservation officer:
a. The preservation officer shall issue a certificate of appropriateness to the applicant
for the proposed work; and
b. If all other requirements of the city code are met and a building permit is required
for the proposed work, the buildi�g official shall issue a building permit to the
applicant for the proposed worlc.
SECTION 3. Any person violating a�y 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 4. 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 other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. This ordinance shall become effective fourteen (14) days from 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.
PASSED AND APPROVED this the ,�J tG' da:
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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