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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 l iB \J\4\EXIq111-IIbrex i==r2--161 &)gby„„„A JAM 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’ X 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