2007-070
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S:\Our Documents\Ordinances\07\DCA06-00 17.doc
ORDINANCE NO. 200'l-0'7 (f)
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF
SUBCHAPTER 35.16, OF THE DENTON DEVELOPMENT CODE, PERTAINING TO
RECORDING OF PLATS, CONSTRUCTION OF PUBLIC IMPROVEMENTS, AND ISSUANCE
OF BUILDING PERMITS; PROVIDING A PENALTY WITH THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR SEVERABILITY AND AN
EFFECTIVE DATE. (DCA06-00 17)
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 public hearings as required by law,
the Planning and Zoning Commission recommended approval of certain changes to Subchapter
35.16 of the Development Code, pertaining to recording of plats, construction of public
improvements, and issuance of building permits; and
WHEREAS, after providing notice and after conducting a public hearing as required by law,
the City Council finds that the changes to the 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 I. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true.
SECTION 2. Subchapter 35.16 of the Development Code is hereby amended in part, as
described in Exhibit A, attached hereto and made part hereof by reference. All other provisions of
Subchapter 35.16 not specifically changed by this amendment shall remain in full force and effect.
SECTION 3. Any person violating any 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 section, subsection, paragraph, sentence, phrase or word in this
ordinance, or the application thereof to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City of Denton, Texas hereby declares it would have enacted such remaining
portions despite any such invalidity.
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.
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PASSED AND APPROVED this the ;2.7t4ay of /flarch ,2007.
fkf!!fl~YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY
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Exhibit A
35.16.5
[Existing subsection A unchanged\
B. Except as otherwise authorized by Section 35.16.6, the City shall not issue a building
permit or certificate of occupancy. .. [rest of section unchanged]
35.16.6.
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[Existing subsections A-C unchanged]
D. Single Familv residential or duplex development. No building permit shall be issued for
any parcel or tract of land proposed for single family residential or duplex development
until such property has received final plat or development plat approval and is in
conformity with the provisions of these subdivision regulations, the plat has been
recorded, all easements including those by separate instrument and all applicable permits
are in place, and all public improvements have been accepted (if applicable). No private
improvements shall take place or be commenced except in conformity with these
regulations.
I. Exception for model homes. Within a phase containing public improvements
that have not yet been finally accepted, a developer may construct model
home(s), provided that it is inspected and found to meet all building, plumbing
and fire code requirements prior to being opened to observation by the public,
and provided further that the home will not be sold or occupied as a dwelling
unit until all public improvements within that phase have been completed and
accepted by the City.
E. Multi-Familv or non residential development No certificate of occupancy shall be issued
for any parcel or tract ofland proposed for multi-family or non-residential development
until such property has received final plat or development plat approval and is in
conformity with the provisions of these subdivision regulations, the plat has been
recorded, all easements including those by separate instrument and all applicable permits
are in place, and all public improvements have been accepted (if applicable).
No building permit shall be issued for any parcel or tract of land proposed for multi-
family or non-residential development until all public improvements have been accepted,
except as provided in below.
I. Upon application and satisfaction of the following conditions, the building
official may issue a hardship building permit for multi-family or non-residential
development, to enable limited construction prior to satisfaction of remaining
development requirements: '
a. The applicant must install and demonstrate proper function of fire hydrants
and all-weather access improvements for fire apparatus required by the Fire
Code (see Chapter 28 of the Denton Code of Ordinances),
b. The applicant must complete installation of all drainage and other regional
improvements, particularly off-site improvements, and
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c. The applicant must enter into an agreement with the City, in a form approved
by the City Attorney, which indemnifies and holds the City harmless for any
failure of the applicant, owner or builder to obtain necessary access and
drainage easements and permits, or to build needed offsite improvements.
2. A hardship building permit issued in this manner may be withdrawn upon failure
to meet any imposed condition.
3. No certificate of occupancy may be issued to the recipient of a hardship building
permit until all outstanding building permits are completed, inspected and closed;
all public and private improvements are installed and accepted; and compliance
with applicable City standards has been demonstrated to the satisfaction of the
Building Official.
4. A hardship building permit is an optional, limited purpose permit which, upon
request, allows construction of some limited component of the structure, not
affecting ultimate compliance with Fire Code or Electrical Code (e.g., a "slab-
only" permit). It does not satisfy the requirements of a building permit in any
respect, nor is it a required permit for development. It is intended to address
those circumstances in which the only impediment to obtaining a full building
permit is the lack of some external approval (e.g., a TxDOT issued driveway
permit), which is outside the'control of the City or the applicant. As the option of
obtaining a normal building permit remains available to the applicant, there is no
entitlement to a hardship permit, and approval is subject to the discretion of, and
reasonable restrictions imposed by, the Building Official. Review ofthe Building
Official's decision with regard to a hardship building permit is limited to an
informal hearing with the City Engineer to determine if the Building Official's
denial or imposition of conditions is arbitrary or unreasonable.
[Existing subsections E and F will be renumbered as F and G, respectively]
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