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Dalworthington Gardens
City Zoning Code

Division 13

Amendments and Enforcement 1

§ 14.02.581 Authority to amend.

The city council may, from time to time, on its own motion, or on petition of an interested property owner or owners, amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established. Each such petition shall be accompanied by a fee payable to the city, no part of which shall be refundable, unless the petition is withdrawn by the applicant prior to a public hearing by the commission, in which case the city shall rebate a sum out of said fee to the petitioner. The amounts of fees and rebates shall be as provided in the fee schedule in appendix A of this code.
(Ordinance 2025-14 adopted 11/20/2025)

§ 14.02.582 Recommendations of commission.

Before acting on any proposed amendment, supplement or change, the city council shall submit the same to the commission for its recommendations and report.
(Ordinance 2025-14 adopted 11/20/2025)

§ 14.02.583 Public hearing on proposed amendment.

A public hearing shall be held by the city council before adopting any proposed amendment, supplement, or change. Notice of such hearing shall be given in the manner prescribed by law, stating the time and place of such hearing. Before the 15th day before the date of the public hearing, the time and place of such hearing shall be published in the official newspaper of the city of Dalworthington Gardens and shall be posted on the city's internet website.
(Ordinance 2025-14 adopted 11/20/2025)

§ 14.02.584 Public hearing sign requirements.

The city shall cause a sign to be placed upon each property to be rezoned, or in the public right-of-way for a change initiated by the city that affects multiple properties, that is at least twenty four (24) inches long by forty eight (48) inches wide and clearly visible to passersby which states that the property is the subject of a rezoning application (or words of like intent). The sign shall be posted not later than the tenth (10th) day prior to the planning and zoning commission hearing and shall remain posted until the date of the final determination on the proposed change.
(Ordinance 2025-14 adopted 11/20/2025)

§ 14.02.585 Amendment over protest.

(a) 
A protest of a proposed change to a zoning regulation or district boundary must be written, signed, and acknowledged by either:
(1) 
At least twenty percent (20%) of the area of the lots or land covered by the proposed change; or
(2) 
Except as provided by subsection (3) below, at least twenty percent (20%) of the area of the lots or land immediately adjoining the area covered by the proposed change and extending two hundred (200) feet from that area; or
(3) 
At least sixty percent (60%) of the area of the lots or land immediately adjoining the area covered by the proposed change and extending two hundred (200) feet from that area if the proposed change has the effect of allowing more residential development than the existing zoning regulation or district boundary, and does not have the effect of allowing additional commercial or industrial uses, unless the additional use is limited to the first floor of any residential development that does not exceed 35% of the overall development.
(b) 
If a proposed change to a regulation or district boundary is protested in accordance with any subsection above, the proposed change must receive, in order to take effect, the affirmative vote of at least:
(1) 
Three-fourths (3/4) of all members of the city council for a protest described by subsections (a)(1) or (a)(2) above; or
(2) 
A majority of all members of the city council for a protest described by subsection (a)(3) above.
(Ordinance 2025-14 adopted 11/20/2025)

§ 14.02.586 Limitations on reapplication.

In order that zoning may promote the stability and well-being of the community and may offer certainty to the citizens of the city with respect to the use and development of property, the following requirements shall govern the filing of reapplications. When the application has been withdrawn at or before the commission meeting thereon and after the giving of public notice, no new application of like nature shall be accepted by the city or scheduled for hearing by the commission within a period of twelve (12) months of the date of city council denial or withdrawal of application; provided however, on receipt of written request by the original applicant stating how conditions have changed substantially in the community since prior considerations of the applicant's proposal so as to justify an earlier review of this matter, the city council may waive the mandatory period and authorize the acceptance of a new application.
(Ordinance 2025-14 adopted 11/20/2025)

§ 14.02.587 Permits and certificates of occupancy.

(a) 
No building hereafter erected or structurally altered shall be used, occupied, or changed in use until a certificate of occupancy is issued by the city stating that the building or proposed use of a building or premises complies with the building laws and the provisions of this article.
(b) 
Certificates of occupancy shall be applied for simultaneously with the application for building permit and shall be issued within ten (10) days after the erection or structural alteration of such building shall have been completed in conformity with the provisions of pertinent statutes and ordinances. A record of all certificates shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.
(Ordinance 2025-14 adopted 11/20/2025)

§ 14.02.588 Penalty for violation.

Any person or corporation who violates any of the provisions of this article or fails to comply therewith, or with any of the requirements thereof, or who shall build or alter any building or use in violation of any detailed statement or plan submitted and approved hereunder, shall be guilty of a misdemeanor and shall be liable for a fine of not more than the amount provided in chapter 1, article 1.01 of the Code, and each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises or part thereof, where anything in violation of this article shall be placed or shall exist, and any architect, builder, contractor, agent, person, or corporation employed in connection therewith and who may have assisted in the commission of such violation, shall be guilty of a separate offense and upon conviction shall be fined as herein provided. The city likewise shall have the power to enforce the provisions of this article through civil court action as provided by state law.
(Ordinance 2025-14 adopted 11/20/2025)