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