DCA24-0002bORDINANCE NO. DCA24-OO02b
AN ORD[NANCE OF THE CITY OF DENTON, TEXAS AMENDING THE DENTON
DEVELOPMENT CODE’S LAND OCCUPANCY PROCESS; AMENDMENTS INCLUDE
BUT ARE NOT LIMITED TO: TABLE 2.2-A: SUMMARY OF DEVELOPMENT REVIEW
PROCEDURES AND SECTION 2.5: DEVELOPMENT PERMITS AND PROCEDURES;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE. (DCA24-OO02b)
WHEREAS, pursuant to Ordinance No. DCA18-0009q, the City Council of the City of
Denton adopted the newly revised 2019 Denton Development Code, the (“DDC”); and
WHEREAS, the City desires to amend the DDC to establish a new Certificate of Land Use
process to review the use of land when a building or other improvement will not be occupied to
confirm that a proposal meets all zoning and development standards; and
WHEREAS, the amendments include the following:
1. Table 2.2-A: Summary of Development Review Procedures – create a separate Certificate
of Land Use procedure
2. Section 2.5.11 : Certificate of Land Use – establish a procedure for application, review, and
effect of a Certificate of Land Use
WHEREAS, on March 20, 2024, the Planning and Zoning Commission, in compliance
with the laws of the State of Texas, gave the requisite notices by publication, held due hearings
and recommended approval [7-0] of the amendment to the Denton Development Code; and
WHEREAS, on April 16, 2024 the City Council likewise conducted a public hearing in
accordance with local and state law and the City Council hereby finds that the Code amendments
are consistent with the City’s comprehensive plan, and the federal, state, and local law are in the
best interests of the City of Denton; 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 and found to be true.
SECTION 2. Table 2.2-A: Summary of Development Review Procedures and Section 2.5 :
Development Permits and Procedures of the DDC are amended as set forth in “Exhibit A“ which
is attached and fully incorporated herein by reference.
SECTION 3. Any person, firm, partnership, or corporation violating any provision of this
ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by a
fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance
is violated, shall constitute a separate and distinct offense.
Page 1 of 4
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 the
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Denton Development Code of Ordinances, as
amended, in effect when the offense was committed, and the former law is continued in effect for
this purpose.
SECTION 6. In compliance with Section 2.09(c) of the Denton Charter, 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.
The motion to approve this ordinance was made by Chr\' S Ue A i and
seconded by ’B r t_.v B ,&h , the ordinance was passed and approved by
the following vote LI- JL] :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:-Z
,Z
'Z
Z
L//’
IZ
Vicki Byrd, District 1 :
Brian Beck, District 2:
Paul Meltzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED this day ofthe 2024
TH. MAYOR
ATTEST:
LAUREN THODEN, CITY SECRETARY
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Page 2 of 4
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
1+1@\ IIWF :i ;7o: Fog; o n
BY. J 1 5:46:53 -05'OO’
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Page 3 of 4
EXHIBIT A
Zoning Board
of Adjustment
DEVELOPMENT PERMITS AND PROCEDURES
Zoning Compliance Plan
Review
Specific Use Permit
2.5.1
2.5.2
2.5.3
a
Q
R D
R
D
D
D
<A>
<A>
<A>
a / 1 / 1 /Q R
At Director
discretion
[R][D]
Temporary Use Permit
Zoning Verification Letter 2.5.4
2.5.5
2.5.8
Environmental Sensitive
Areas (ESAs)
Field Assessment
<A>
Business Registration D
Traffic Impact Analysis 2.5.9
2.5.10
6.2.4
D
R
R
<A>
Real Estate Application Q R
D
<D>
Gas Well Development Site
Plan
Watershed Protection
Permit
Vested Rights
Exaction Proportionality
Determination and Appeal
Rayzor Ranch Site Plan
Tree Survey and
Preservation/Replacement
Plan
Certificate of Land Use
<A>
<A>6.3.9 a R D
See Subsection 2.5.6.' Vested Rights
See Subsection 2.5.7: Exaction Proportionally Determination and Appeal
See Appendix A
See paragraph 7.7.4E: Tree SUIvey and Preservation/Replacement Plan
2.5.11 a R D <A)
SUBDIVISION PROCEDURES
Administratively Approved
Plat (Amending Plat,
Conveyance Plat, Minor
Plat, Minor Replat)
Preliminary Plat
Final Plat
2.6.2 a
Q
Q
a
At Director
discretion D [1]
2.6.3
2.6.4
2.6.5
Q
a
R
R
R
R
R
D
<D>
<D>
Development Plat
Gas Well Development
Plat
Replat [2]
Vacating Plat
2.6.6
2.6.7
2.6.8
See TLGC e 212.041 through 212.050
Q
a
R
R
R/D
R
D
<D>/ r/ r/
PLAN AND DDC AMENDMENTS
Comprehensive Plan
Amendment
Map
Rezone
to PD
Text
2.7.1 / 1 / 1 / 1 /a
2.7.2 / 1 / 1 / 1 /a
2.7.3 / 1 / 1 / 1 /Q
2.7.4 aa
RRa
RRa
RRa
RQR
See Subsection 2.7.5: Annexation
[R I
[R]
[R]
[R]
[D]
[D]
[D]
[D]
Zoning
Amendment
Annexation
FLEXIBILITY AND RELIEF PROCEDURES
Variance 1 2.8.1
Minor Modification 1 2.8.2
Appeal of Administrative
Decision [3]
Alternative ESA Plan
Alternative Tree
Preservation Plan
Watershed Protection
Permit Relief
Interpretations
Subdivision Variance
Reasonable
Accommodation
Alternative Landscape
Plan
Tree Preservation Relief
Alternative Water and
Sewer Systems
HISIORIC PRESERVATION PROCEDURES
Pursuant to application procedure warranting the request
Appeal authority determined by original
gr 1 vf 1 v' 1 1 1 1 1 R 1 application type and in accordance withthis
Table 2.2-A
'I„'loja ' I ' I ['] 1 [.]
See paragraph 7.7.4F.- Alternative Tree Preservation/Replacement Plan
R
D [41
See Subsection 7.6.16: Alternative Water and Sewer Facilities
a
o - I ' I „,
See Substation 2.8.8: Reasonable Accommodation
See paragraph 7.7.3C: Alternative Landscaping
See paragraph 7.7.4J: Tree Preservation Relief Provisions
<D>
2.8.3
2.8.4
2.8.5
2.8.6
2.8.7
<D>
<A>
<A>
Certificate of
lten essro See Subsection 2.9.2: Certificate ofAppropriateness
Table 2.2-A Summary of Development Review Procedures
R ; Review/recommendation D = Decision A ; Appeal [R/D/A] = Public hearing required
J = Required<R/D/A> = Public meeting required <> = Recommended
Pre-Applicationpublic Notice Activities Review and Decision-Making Bodies
DDC
Reference Development
Assistance Team
Planning and
Zoning
Commission
City
Counci
Zoning Board
of Adjustment
District Designation
istoric Landmark
Designation
See Subsection 2.9.3: Historic and Conservation DistrIct Designation
See Subsection 2.9.4: Historic Landmark Designation
DESIGN SIANDARDS REVIEW PROCEDURES
Certificate of Design
Consistency
Administrative
Certificate of Consistency
Design Standards Review
City Council
2.10.1
2.10.1
[1] The Director, at his or her discretion, may refer the plat to the Planning and Zoning Commission. The Director shall not disapprove an administratively approved
Notes
plat but shall refer such plat to the Planning and Zoning Commission if the recommendation is denial.
[2] Non-residential minor replats may be approved by Staff pursuant to TLGC 212.0065, as amended. The Director at their discretion may refer a minor replat to the
Planning and Zoning Commission. The Director shall not disapprove a minor replat but shall refer such plat to the Planning and Zoning Commission if the
recommendation is denial. See Section 2.6.7 for notification requirements and public hearing requirements by type of replat,
[3] The appeal authority is determined based on the original approval body (i.e., if the Planning and Zoning Commission is the approval authority then the appeal
authority is the City Council; if City Staff is the approval authority then the appeal authority is Zoning Board of Appeals
[4] The Director, City Engineer, or Building Official may make an interpretation based on the criteria in Subsection 2.8.6.
2.5.11 Certificate of Land Use
A.
B.
Purpose
The certificate of land use procedure provides a mechanism for the city to evaluate new, existing,
and/or changes in the use of land to ensure compliance with applicable standards of this DDC,
Applicability
A certificate of land use shall be required prior to the use of land, except when a Certificate of
Occupancy or Temporary Use Permit is required. The certificate of land use shall be used to
confirm the proposed use is permitted as a primary use of the property or may be used to
confirm the proposed use is a permitted accessory use to an established primary use of the
property.
Certificate of Land Use Procedure
Figure 2.5-1 1 identifies the applicable steps from the common review procedures in Section 2.4
that apply to the review of a certificate of land use. Additions or modifications to the common
review procedures are noted below.
Figure 2.5-1 1: Summary of Certificate of Land Use Procedure
C.
Pre-Application
Activities
Application
Submittal and
Processing
Staff Review
and Action
Scheduling and
Notice of Public
Meetings/
Hearings
Review and
Decision
Post-Decision
Actions and
Limitations
Pre-application
conference
optional
Submit to
Director
Review and
decision by
Director
This step does
not apply
This step does
not apply
Appeal to Zoning
Board of
Adjustment
1.Step 1 : Pre-Application Activities
a.Pre-Application Conference
A pre-application conference is optional in accordance with Subsection 2.4.3.
Citizen Participation
Not required.
2.Step 2: Application Submittal and Processing
The certificate of land use application shall be submitted and accepted, and may be revised
or withdrawn, in accordance with Subsection 2.4.4.
3.Step 3: Staff Review and Action
The Director shall review the application and/or examine the site to determine
conformance with the applicable standards. The applicable standards may include, but are
not limited to: zoning, platting, parking, landscaping, lighting, noise, and other standards in
accordance with Subsection 2.4.5.
4.
5.
Step 4: Scheduling and Notice of Public Meetings/Hearings
Not required.
Step 5: Review and Decision
The Director shall issue a certificate of land use, subject to any additional conditions, if the
Director finds that the land use complies with the applicable provisions of this DDC and
other applicable ordinances of the city in accordance with Subsection 2.4.7
Step 6: Post-Decision Actions and Limitations
Post-decision actions and limitations in Subsection 2.4.8 shall apply, with the following
modifications:
6.
a.Effect of Approval
i. A certificate of land use authorizes establishment of a particular use on land,
subject to any additional conditions.
ii. The certificate of land use shall clearly state the approved permitted use of the
land and any conditions associated with that use.
Appeal to the Zoning Board of Adjustment
The applicant may appeal the denial, revocation, or suspension of a certificate of land
use to the Zoning Board of Adjustment in accordance with Subsection 2.8.3.
b