Effective on: 5/20/2019

1. 1. 1. Act as an advisory body to the Council relating to the widening or extension of public improvements and utilities; and
2. 1. 2. Recommend a Comprehensive Plan and amendments of the Plan to the City Council, along with Corridor and Special Area Plans and their amendments. 
      3. Make an annual report of each year to the Council as to the Commission’s activities.

3. Membership.

1. 1. Numbers. The Commission shall consist of seven members.
   2. Composition. The Commission shall be composed of members who meet the following qualifications or characteristics: 

      1. Except for one member who is a resident of the Dayton Extraterritorial Jurisdiction (ETJ), residents in the City of Dayton for a minimum of two years;

      2. One resident of the Dayton ETJ; 

      3. No conviction of a felony;

      4. No delinquency on any City taxes or utilities;

      5. Qualified City of Dayton voter at the time of appointment;

      6. No determination of being mentally incompetent by a final judgment of a court of law; and

      7. Demographically representative of the city.

4. Appointments. The City Council shall appoint members of the Commission for terms of two years, or until their successors are appointed. Terms begin from the date of appointment. The Council shall appoint four members in every even-numbered year, and three members in every odd-numbered year. In making the initial appointments, the Council shall designate four of their appointments to serve two years and three of their appointments to serve one year.
5. Vacancies and Removal. The Council shall fill vacancies in an unexpired term by appointment for the remainder of the term. The Council may vote to remove a member for good cause at any time in a public meeting.
6. Officers and Staff. The Commission shall elect a Chairperson and Vice-Chairperson at the first meeting of each calendar year. The Director shall serve as Secretary to the Commission.
7. Quorum and Voting. A quorum shall consist of a majority of the entire membership of the Commission, and any issue to be voted on shall be resolved by a majority of those members present. The Chairperson shall be entitled to vote upon any question, but shall have no veto power.
8. Meetings and Procedures.

1. 1. Frequency, Location, Date. and Time. The Commission shall meet not less than once each month, unless there are no items for it to review. Meetings shall be held at the place, time, and date stated on the notice of meeting posted at City Hall. Meetings shall be open to the public, and held in conformance with Texas Local Government Code Chapter 552, Public Information. The Chairperson may call a special meeting following required notice. 
   2. Absences. Any member of the Commission who misses three consecutive regular meetings without valid reason, as determined by Council, shall be deemed no longer interested in serving, and the Council shall appoint a new interim member to fill the vacancy.
   3. Rules of Procedure.  The Commission may establish its own rules of procedure, provided that such shall not conflict with the laws applicable to the Commission or the provisions of this UDC.

Effective on: 5/20/2019

1. 1. Time and Place of Meetings. The BOA shall meet not less than once each month, unless there are no items for it to decide upon. All BOA meetings shall be open to the public and held in conformance with Texas Local Government Code Chapter 522, Public Information. The Chairperson may call a special meeting following required notice.
   2. Rules of Procedure. The BOA may establish its own rules of procedure, provided that such shall not be in conflict with the laws applicable to the BOA or the provisions of this UDC. 

Effective on: 5/20/2019

1. 1. 2. Assistant City Manager of Development Services;
      3. City Engineer; 
      4. Director of Public Works; 
      5. Fire Marshal;  
      6. Building Official; and
      7. Any other City employee deemed necessary upon determination by the City Manager.

1. 3. Non-City Staff Members. Other staff from various local, county, state, or federal agencies may participate in the development review process as needed from time to time.

4. Applicant Meeting. The applicant may meet with the DRC to receive its comments and recommendations on an application, so as to allow the applicant to make any recommended or desired changes, corrections, or modifications.

Effective on: 5/20/2019

Effective on: 5/20/2019

Effective on: 5/20/2019

Effective on: 5/20/2019

1. 1. 1. Shall maintain and hold open for public inspection all records pertaining to the floodplain provisions of this UDC;
2. 1. 2. Shall review permits for proposed development to assure that all necessary permits have been obtained from those federal, state, or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required;
      3. Shall make the necessary interpretation, where interpretation is needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions); 
      4. Shall notify, in riverine situations, adjacent communities and the Texas Water Development Board, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);
      5. Shall assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained;
      6. Shall obtain, review, and reasonably utilize any base flood elevation data and floodway data available from a federal, state, or other source, in order to administer the provisions of Section 14.402, Flood Hazard Reduction when base flood elevation data has not been provided in accordance with Sec. 14.401.5.B, Basis for Establishing the Areas of Special Flood Hazard;
      7. Shall maintain a record of all actions involving a Floodplain Variance and shall report such Variances to FEMA upon request.
      8. Shall require that no new construction, substantial improvements, or other development (including fill) be permitted within zones A1-30 and AE on the community’s Flood Insurance Rate Map (FIRM), when a regulatory floodway has not been designated, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community; and
      9. May, under the provisions of CFR Title 44, Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, approve certain development in zones A1-30, AE, AH, on the City's FIRM which increases the water surface elevation of the base flood by more than 1 foot, provided that the City first completes all of the provisions required by Section 65.12.
          

          

Effective on: 5/20/2019

Effective on: 5/20/2019

Effective on: 5/20/2019

1. 1. Public Restrictions. The following provisions apply to laws adopted by a federal, state, or local legislative body.

1. 1. 1. Where this UDC conflicts with another local, state, or federal law, whichever the Director finds imposes the more stringent restrictions controls. Where the Director finds conflicting provisions to be equally stringent, then the provision more recently adopted controls. 

1. 1. 2. Where the text of this UDC conflicts with its tables or illustrative material, the text controls. Where a table of this UDC conflicts with an illustration, the table controls.

1. 2. Private Restrictions. The City does not interpret or enforce private restrictions, including, but not limited to, deed restrictions, covenants, or easements, unless it is a party to them. If the City is a party to private restrictions, and such restrictions conflict with this UDC, then the more stringent restrictions control.  

Effective on: 5/20/2019

Effective on: 5/20/2019

Effective on: 5/20/2019

1. 1. Rights-of-Way or Easements. Where district boundaries appear to follow existing streets, alleys, railroad tracks, utility lines, or similar features, the Director shall construe the zoning boundary to follow the center line of the rights-of-way or easement. Where the location of these features on the ground differs from that shown on the official zoning map, the features on the ground control.
   2. City Limits. Where district boundaries are indicated as approximately following City limits, the Director shall consider the City limits as the district boundaries.
   3. Property Lines. Where district boundaries are indicated as approximately following property lines, the Director shall consider such lines to be the boundaries.
   4. Watercourses. The Director shall construe boundaries shown as following, or approximately following, the centerline of drainageways, streams, waterbodies, or other watercourses, as following the centerline. In the event of a natural change in the location of such streams or other watercourses, the Director shall construe the zoning district boundary as moving with the centerline.
   5. Unsubdivided Land or No Identifiable Feature. On unsubdivided land, or where a district boundary follows no identifiable feature, the location of the boundary, unless the same is indicated by dimensions, shall be determined by applying, in order, the following rules:
      1. Legal Description. The boundary shall be according to the legal description or field notes in the ordinance establishing the district boundaries.
      2. Text Dimensions. The boundary shall be located by reference to dimensions shown in the text on the official zoning map, if any.
      3. Map Scale. The boundary shall be located using the scale of the official zoning map.

Effective on: 5/20/2019

Effective on: 5/20/2019

1. 1. Generally. Development approved prior to the effective date of this UDC may be carried out within the scope of the development approval, including applicable standards in effect at the time of approval, provided that the approval is valid and has not expired.
   2. Duration of Approvals. Development approvals that are valid on the effective date of this UDC are valid until their expiration date; or, if no expiration date is specified in the approval documents or prior regulations, pursuant to Table 14.602.10, Development Review Summary Table.

Effective on: 5/20/2019