DCA19-0006aS:�Le��l�C)i.ar pocume.nts\G�rdirrarrc�s\1�\f�Cp,13-OCY06 refined.docr�
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AN ORDINANCE OF THE C1TY OF DENTON, TEXAS, SUSPENDING ENFORCEMENT OF
REGULATIONS PRESCRIBING THE TYPES OF MATERIALS, PRODUCTS OR AESTHETIC
METHODS USED FOR CONSTRUCTfON OR RCNOVATION OF RESIDENTIAL AND
COMMLRCIAL BUILDINGS, IN SO FAR AS THEY CONFLICT WITH HB 2439 AND HB 2497,
PASSED BY THE 86�" LEGISLATURE OF THE STATE OF TEXAS AND SIGNED BY GOVERNOR
GREG ABBOTT ON JUNE 14, 2019; ENACTING SELCCTED INTERIM AMENDMENTS TO
PREEMPTCD PROVISIONS OF THE DENTON DEVELOPMENT CODE (ORD. 2d02-040, AS
PREVIOUSLY OR HEREAFTER AMENDED}, THE 20i9 DENTON DEVELOPMENT CODE (ORD.
DCA18-0009q, AS IT NOW EXISTS OR AS IT MAY BE AMENDED}, AND BUILDING CODE
REGULATIONS; PROVIDING FOR COMPLIANCE WITH NEW STATE LAWS AFFECTING
MATERIALS USED IN THE CONSTRUCTION OR RENOVAT[ON OF RESIDENTIAL AND
COMMERICAL BUILDINGS; RULCS AND PROCEEDINGS BEFORE THE ZONING BOARD OF
ADJUSTMENT; PROV[DING FOR APPEALS; PROVIDING RELATED DIRECTIVES TO THE CITY
MANAGER; PROVIDING A CONFLICT/SAVINGS CL�IUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the 2d19 Legislature enacted HB 2439, prohibiting rnunicipal regulation of materials
used for construction and renovation of residential and commercial buildings in certain instances and
subject to certain exceptians; and
WHEREAS, HB 2439 affects both the enactment of new regulations and the enforcement of
existing regulations pertaining to materiais for construction or alteration of residential and commercial
buildings; and
WHEREAS, HB 2439 was signed by the Governor on June 14, 2019 and has an effective date of
September 1, 2019; and
WHEREAS, H[3 2497 requires amendments to procedures applicable to the rules of and appellate
procedures before the Zoning Board of Adjustment; and
WNEREAS, HB 2497 was signed by the Governor an June 10, 2019 and has an effective date of
September l, 2019; and
WHEREAS, it is the intent of the City Council of the City of Dentan, Texas ("City"}, to fully
comply with the provisions of HB 2439 and HB 2497, while maximizing the public heaith, safety and
general welfare of its citizens; and
WHERCAS, the City Council finds that City regulations prescribing the types of materials,
products or aesthetic metl�ods used for the construction or alteration of residential and commercial buildings
are essential for preserving the p�tblic health and safety of its citizens and substantially further the economic
development and general welfare of the City; and
WHEREAS, the City Council further finds that the exemptians provided for in HB 2439 advance
the public health, safety and general welfare of the citizens of the City; and
WHEREAS, the exemptions to the provisions of HB 2439 hereinafter provided by this Ordinance
are in accordance with the purpose and conter�t of such law; and
WHEREAS, there is insufficient time before HB 2439 takes effect to amend specific provisions of
the City's zoning and building regulations that may canflict with the provisions of HB 2439; and
WHBREAS, it is the intent of this Ordinance ta supersede enforcement of regulations prescribing
the types of materials, products or aesthetic methods used for construction or renovation of residential and
commercial buildings, in sa far as they conflict with HB 2439; and
WHEREAS, it is the further intent of this Ordinance to provide procedures for appealing decisions
of ofiicials in the enforcement of regulations prescribing the types of materials, products and aesthetic
methods used for construction or renovation of residential and commercial buildings; and
WHEREAS, it is the further intent of this Ordinance to provide information to citizens of the City,
Texas, that are affected by HB 2439 concerning the prohibitions and limitations on enactment and
enforcement of zoning and building regulations prescribing the types of materials, products and aesthetic
rnethods used for construction or renovatioi� of residential and commercial bu�ldings; and
WHEREAS, the 2019 Legislature enacted HB 2497 affecting procedures and appellate rights
before the City's Zoning Board of Adjustment, with an effective date of September i, 2019; and
WHEREAS, it is the further intent of this Ordinance to make selected interim amendments to the
provisions of the Denton Development Code in arder to implement such changes; and
WHEREAS, the City has given notice of the selected interim amendments to the zoning and
building regulations coi7tained in this Ordinance in accardance with all provisions of state law and the
City's ord►nances; and
WHEREAS, a public hearing on the provisions of this Ordinance before the City's Planning &
Zoning Commission was conducted on August 14, 2019; and
WHEREAS, the City Council has received the report of the Commission recommending approval
of this Ordinance; and
WHEREAS, a public hearing on the provisions of this Ordinance before the City Council was
conducted on August 20, 2019; and
WHEREAS, the City Council finds that this Ordinance substantially advances the public health,
safety and general welfare of the citizens of the City, Texas; and
WHEREAS, the City Council of the City of Denton, Texas urges the Texas Legislature to reconsider
the provisions ofthese Acts at its earliest opportunity; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY dF DENTON HCREBY ORDAfNS:
SECTION 1 I���,ara ��a2N��ad'u��r� �Pi p��,�,� Nt-�A;��. The foregoing recitals hereby are incorporated by reference
and made a part hereof as if fully set forth.
SECTION 2 f���me�,�tm�a���,#��+. The following definitions apply to the provisions of this ordinance:
(a} "National model code" means a publication that is developed, promulgated, and
periodically updated at a natianal level by organizatians consisting of industry and government fre and
building safety afficials through a legislative ar coi7sensus pracess and that is intended for consideration by
units of government as local law. "National model code" ►ncludes the International Residentia( Code, the
National Electrical Code and the International Building Code.
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(b} "Residential bu�lding" means a building having the character of a one-family or two-family
dwelling or a multiple single-family dwelling that is not more than three stories high with separate means
of egress, including the accessory structures of the dwelling and that does not have the character of a facility
used for the accommodation af transient guests or a structure in which medical, rehabilitative, or assisted
living services are provided in connection with the occ«pancy of the structure.
(c) "Commercial building" means a building for the use or occupation of people for a public
purpose or economic gain, or a residence if the building is a multi-family residence that is not defined as a
residential building.
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(a} a local amendment of a building code to conform to local concerns if the amendment does
not conflict with Sections 3(a} or (b};
(b} a program established by a state agency that requires particular standards, incentives, or
iinancing arrangements in order to comply with requirements of a state or federal funding source ar housing
program;
(c} a requirement for a building necessary to consider the building eligible far windstorrrr and
hail insurance coverage under Chapter 2210, Texas Insurance Code;
(d} an ordinance or other regulation that regulates outdoor lighting that is adopted for the
purpose of reducing light pollution and that: (t} is adopted by a governmental entity that is certified as a
Dark Sky Community by the lnternatronal Dark-Sky flssociation as part of the International Dark Sky
Places Program; or (2) appl►es to outdoor lighting within five miles of the boundary of a mrlitary base in
which an active training program is conducted;
(e) an ordinance that regulates outdoor lighting and is adopted under Subchapter B, Chapter
229, Texas Local Government Code, or under Subchapter B, Chapter 24d, Texas Lacal Government Code;
or
(f} installation of a fire sprinkler protection system under Tex. Occupation Code, section
i 301.55 i(i}, or under Tex. Health and Safety Cade, section 775.045(a}(1 }.
SECTION 5. 6�'��� w����l.u.��uz� la�,rr� I��pe9�i�er��,. The prohibitions in Section 3 do not apply to the
following buildings, and the officials respansible for enforcement of the Denton Development Code and
Building Codes, as designated by city charter, ordinance or other authorization of the City, shall apply alf
regulations and standards prescribed by those ordinances or codes to such buildings, whether such
provisions are existing or hereafter adopted or estabiished, to the fullest extent.
(a} a building located in a place or area designated for its historical, cultural, or architectural
importance and significance by the City which were adopted by the City Council prior to April l, 2019:
(b} a building located in a zoning distrrct designated by the City Council after April l, 2019
for its historical, cultural, or architectural importance and significance by the City, and for which the owner
has voluntarily consented in writing to the application of tl�e regulations or standards prohibited by Section
3, ►ncluding the following zoning districts and any district that may hereafter be created by the City Council
for its historical, cultural, or architectural importance and significance;
(c} a building located in a place or area designated for its historical, cultural, or architectural
importance and significance that a municipality may regulate under Section 211.003(b}, Texas Local
Government Code, if the municipality (1} is a certified local governrnent under the National Historic
Preservation Act (54 U.S.C. Section 3001 Ol et seq.); or (2} has an applicable landmark ordinance that meets
the requirements under the certified locai government prograin as determined by the Texas Historical
Commission;
(d} a building located in an area designated as a historic district on the National Register of
Historic Places;
(e) a building designated as a Recorded Texas Historic Landmarki
(f} a building designated as a State Archeological Landmark or State Antiquities Landmark;
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(g} a building listed on the National Register of 1-listoric Places or designated as a landmark
by a governmental entity;
(h} a building located in a World Heritage [3uffer Zone; and
(i) a building located in an area designated for development, restoration, or preservation in a
main street city under the main street program established under Section 442.014, Texas Govt. Code.
4�:�,� � N� ��I (a, Appeal. An applicant, landowner or other aggrieved person may appeal the decision
of an official respansible for enforcement of the Denton Development Code or Building Codes, as
designated by city charter, ordinance or other authorization of the City, applying a regulation or standard
to the construction, renovatian, maintenance, or other alteration of a residential or commercial building,
which application is asserted to be prohibited by Section 3, in the following manner:
(a) If the decision applies a requirement of a building code, to the Building Board of Appeals,
or if there is no Building Board, to the Zoning Board of Adjustment; or
(b) if the decision applies a requirement af the zaning ordinance, to the Zoning Board of
Adjustment.
The appeal shall identify the provision or provisions which the appellant alleges to have been applied in
violation of Section 3. The appeal shall be filed, processed and decided in the manner provided for appeals
by the appellate entity herein designated.
SECTION7. .�sa����a�iA�ro��a��t����'����le��f�c�<�g°�Ic����l�p�iµ�¢a��r�a�t.1��c����ci����_.s. Notwithstandinganyother
provision contained in the City's ordinances, regulations or rules to the contrary, the following provisions
apply to the adoptio�l of or amendment to rules of the Zoning Board of Adjustment and to appellate
procedures before the Baard.
(a) Rules of the Zaning Board of Adjustment adopted or amended on or after September l,
2019, must be approved by the City Council.
(b} Appeals to the Board from the decisian of an administrative official made on or after
September l, 2019, shall be governed by the following rulesa
(1) an appeal of a decision by an administrative official that is nat related to a specific
applicatian, address ar project may be made by an aggrieved persan or any officer, department, board, or
bureau of the City affected by the decision.
(2} an appeal of a decision by an administrative official that is related to a specific
application, address or project may be made by: tlle applicants the owner or awner's representative of the
property that is the subject of the decision; an aggrieved person who is the owner of property with►n 200
feet of the property that is the subject of the decision; or any officer, department, board, or bureau of the
City affected by the decision.
SCCTION 9 C,"t:�pNd1t������vvdo��„�� ���A�t���. In the event of a conflict between the provisions of this
Ordinance and any other regulation or rule prescribed by charter, another ordinance, resolution or
authorizatian of the Crty, the provisions of this Ordinance shall control. Notwithstanding the foregoing, all
rights and remedies ofthe City are expressly saved as to any and all complaints, actions, claims, or lawsuits,
which have been initiated or have arisen under or pursuant to such conflicting regulation or rule, or portion
thereof, on the date of adoption of this Ordinance shall continue to be governed by the provisions of the
conflicting regulation or rule, and for that purpose the conflicting regulation or rule shall remain in full
force and effect.
te. This Ordinance shall take effect immediately upon passage and
SECTI,ON 10. E fective Da m
approval.
The A��a��as�aa IR� �ap����wi�w��. i1°�is ordinance was made by ����,� ��t°�°,����""���,�,�'"��,������"�'���� and seconded
by a�.;���� �'� �",��~,,��,�����,� �`��"" ; the ordinance was passed and approved by the following vote
l �� �� 1�
Mayor Chris Watts:
Gerard Hudspeth, District 1
Keely G. Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5
Aye Nay Abstain Absent
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Paul Meltzer, At La�°�,�° 1�4�a�°rc� ����� �a��
PASSED AND AP�"R�4���V1�,�:'� qh�s, th�� a'�������'����lay of �` ��'���"�'� o��� w 2019.�����
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CHR1S WA°���'°�""� MAYOR
ATTEST:
ROSA RIOS, C1TY SECRETARY
:
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APPROVED �"� "p�l LEGAL FORM:
AARON LEA9,�"°�f'�I'�'� ATTORNEY
BY: /s/Jerrv E. Drake. Jr.
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