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1999-029 ORDINANCE NO. 0/9 ? AN ORDINANCE OF THE CITY OF DENTON, TEXAS~ AMENDING CHAPTER 35 ~ZONING"IOF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS~ BY REVISING SECTION 35-7 ~AMENDMENTSss AND SECTION 35-44 ~NOTICE OF PUBLIC HEARINGS", PROVIDING FOR NEW STANDARDS FOR PUBLIC NOTIFICATION PROCEDURES USED TO ADVERTISE PUBLIC HEARINGS REQUIRED WHEN THE BOUNDARIES OF ZONING DISTRICTS OR THE REGULATIONS ESTABLISHED RELATED TO ZONING ARE AMENDEDs SUPPLEMENTED~ OR CHANGEDs OR WHEN ZONING VARIANCES~ APPEALSs OR SPECIAL EXCEPTIONS ARE MADE; REQUIRING THE USE 0F CERTIFIED MAIL TO NOTIFY PROPERTY OWNERS LOCATED WITHIN 200 FEET FROM A PROPERTY WHERE A ZONING CHANGEs VARIANCEs APPEALs OR SPECIAL EXCEPTION IS REQUESTED; REQUIRING THE USE OF FIRST CLASS MAIL TO NOTIFY PROPERTY OWNERS LOCATED WITHIN 500 FEET OF A PROPERTY WHERE A ZONING CHANGE, VARIANCEs APPEAL, OR SPECIAL EXCEPTION IS REQUESTED; REQUIRING TI-IE POSTING OF SIGNS ADVERTISING PUBLIC HEARING DATES ON PROPERTIES WHERE A ZONING CHANGE, VARIANCE, APPEAL, OR SPECIAL EXCEPTION IS REQUESTED; BY ADDING SECTION 35-56 "ACCESS TO PROPERTy/REMEDY FOR REMOVAL OF SIGN"; PROVIDING THE REMOVAL OF A SIGN POSTED PER THIS ORDINANCE CONSTITUTES A VIOLATION OF LAW; REPEALING ORDINANCE 79-62; PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas holds public heanngs as required by Chapter 35 "Zoning" for many purposes, including zoning amendments, variances, zoning appeals, and special exceptions to tho zoning code, and WHEREAS, the City of Denton eomphes with Texas State Law regardmg requirements for public heanng notfficatlon of citizens and interested parties, and WHEREAS, the City Council of the City of Denton has determined that pubhc heanng notfficat~on procedures strongly affect public participation in city government, and that high levels of public partm~patlon are wtal to good government and sound municipal decmon-makmg, and WHEREAS, the City Council of the City of Denton has determined that public heanng notification requirements should be expanded and improved to mmntmn lugh levels of public participation, and that other measures have been identified to enhance existing reqmrements, and WHEREAS, the City Council has conducted a public heanng on the proposed regulations contained he,em, NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS ~ That Chapter 35 "Zomng" of the Code of Ordinances of the City of Denton, Texas, is hereby amended by deleting subsection (b)(3) to Section 35-7 "Amendments," and replacing the subsection w~th language to read as follows (3) Public Hearing Required by Planning and Zoning Commission. The Planmng and Zomng Commies;on shall hold a pubhc heanng on any apphcat~on for an amendment or change in the zoning ordinance pnor to making ~ts recommendation and repo;t to the c~ty council (s) Notice of Public Hearing. Not,ce of the pubhc heanng shall be g~ven not less than ten (10) days before the date set for the commission's pubhc heanng using each of the following methods (i) Published Notice. Notice of the scheduled pubhc heanng shall be pubhshed ~n the official newspaper of the c~ty stating the t~me and place of such pubhc heanng and a descnpbon of the requested amendment to the zomng ordinance (Ii) Legal Notice. Legal not,ce of the scheduled pubhc heanng shall be sent to all owners of real property lying w~th;n two hundred (200) feet of the subject property Not,ce shall be g~ven by posting such nobce not less than ten (10) days before the date set for heanng, properly addressed and postage-pa~d wa certified ma~l to each owner as ~nd~cated by the most recently approved c~ty tax roll (Iii) Courtesy Notice. Wntten not,ce of the scheduled pubhc heanng. properly addressed and postage-pa~d wa first class mall shall be provided to all residents of property located w~thm five hundred (500) feet of the subject property by posting such not,ce to each parcel address as recorded on the c~ty's Geographic Information System (GIS) data base Failure on the part of property owners to receive the courtesy not,ce shall not mvahdate the scheduled pubhc heanng process (Iv) Posted Notice. A sign shall be posted on the subJeCt property according to rules estabhshed and pubi;shed by the Planmng and Development Department. a copy of which w~ll be available at the C~ty Secretary's office and the Planmng and Development Department offices (b) Action by the Planning and Zoning Commission (i) Recommendation of Approval. If the commission recommends approval of the requested zoning change, such request shall be referred to the council at their next available regular meeting, except that ~t shall be not less than twenty (20) days but not more than s~xty (60) days after the commission meeting at which the recommendabon was made (11) Conditions may be attached In order to safeguard the pubhc safety and welfare and to protect properbes from adverse ~mpacts and ~ncompatiblhtles, the commission may recommend cond~bons and restrictions on the subject property (111) Recommendation of Denial If the commission recommends demal of the requested zomng change, such request shall not be referred to the council unless the apphcant, w~thm ten (10) days of the commission's action, shall file a request ~n wnbng w~th the Department requesting that the council rewew the commission's recommendation SECTION II. That Chapter 35 "Zomng" of the Code of Orchnances of the City of Denton, Texas, is hereby ame~aded by deleting Section 35-44 "Notme of Public Hearings" and replacing the section with language to road as follows Sec ,35.44 Notice of public hearings Tho Zomng Board of Adjustment shall hold a pubhc heanng on all apphcatlons and appeals made hereto (e) Notice of Public Hearing. Nobce of the pubhc heanng shall be g~ven not less than ten (10) days before the date set for the board's public heanng using each of the following methods (t) Pub#shed Notice. Not~ce of the scheduled pubhc heanng shall be pubhshed ~n the official newspaper of the c~ty stating the time and place of such pubhc heanng and a descnpt~on of the requested amendment to the zomng ordinance (2) Legal Notice. Legal nobce of the scheduled pubhc heanng shall be sent to all owners of real property lying w~thm two hundred (200) feet of the subject property Not~ce shall be g~ven by posbng such notice not less than ten (10) days before the date set for hearing, properly addressed and postage-paid v~a certified ma~l to each owner as ~nd~cated by the most recently approved c~ty tax roll (3) Courtesy Notice, Wntten not~ce of the scheduled pubhc heanng, properly addressed and postage-pa~d wa first class mall shall be provided to all residents of property located within five hundred (500) feet of the subject property by posting such not~ce to each parcel address as recorded on the city's Geographic Information System (GIS) data base Failure on the part of property owners to receive the courtesy nobce shall not ~nvahdate the scheduled pubhc heanng process (4) Posted Notice A sign shall be posted on the subject property according to rules established and pubhshed by the Planmng and Development Department, a copy of which w~ll be available at the City Secretary's office and the Planmng and Development Department offices SECTION IH. That Chapter 35 "Zomng" of the Code of Orchnances of the City of Denton, Texas, is hereby amended by adding Section 35-56 "Access to Property, Remedy for Removal of Sign" to read as follows (a) Access to Property The apphcant/pettt~oner/landowner shall allow the Dn'ector of Planmng and Development or Ins/her designee to enter on to the premises for wInch a zomng change or amendment, vanence, appeal, or spac~al exception public heanng is scheduled for the purposes of installing, maintaining, end removing s~gns reqmred by tins ordmence (b) Remedy for Removal of Sign It shall be unlawful for any person, other then the Dtrector of Planmng and Development or Ins/her designee, to knowingly remove, deface, or injure m any manner a sign or part therenfreqmred by the pmvls~ons of tins ordmence SECTION IV. That the prowslons of Or&nance 79-62 are hereby repealed m their enttrety SECTION V. That any person vtolatmg any provision of tins ordinance shall, upon conviction, be fined a sUm not exceeding $2,000 00 Each day that a provision of tins or&nance is v~olated shall constitute a separate and obstruct offense SECTION VI. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held ~nvahd by any court of competent juns~hctlon, such holding shall not affect the vah&ty of the remmmng portions of tins orchnance, and the C~ty Council of the C~ty of Denton, Texas hereby declares it would have enacted such remaining portions despite any such validity SECTION VII. That all provisions of the or&nancas of the C~ty of Denton in conflict with the provmons of tins ordinance are hereby repealed, and all other prowslons of the ordmances of the City of Denton, not m conflict w~th the provisions of tins ordinance, shall remain m full force and effect ~ That this ordinance shall become effective fourteen (14) days from as passage, and the City Secretary is hereby rhrected to cause the caption of thru ordinance to be published twice ~n the, Denton Record-Chromcle, a dmly newspaper published ~n the City of Denton, Texas, within ten (10) days of the date of its passage JACK MILLER,~MA~OR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY