Denton City Zoning Code
ARTICLE XV
Amendments.
§ 128-185 Provisions for amendment.
The regulations, restrictions, classifications, and boundaries set forth in this Chapter may, from time to time, be amended, supplanted, modified, or repealed by the Town Council. The reclassification of any property and the relocation of zone boundaries shall be deemed an amendment to this Chapter and subject to the provisions of this article.
§ 128-186 Who may initiate amendments.
Any interested person or governmental agency may make proposals for amending this Chapter's text. Proposals for amendment of the Official Town Zoning Maps may be filed by any governmental agency or by a person with a committed financial, contractual, or proprietary interest in the property to be affected by the proposed amendment.
§ 128-187 Procedure for amendment.
A.
The Town Council shall first refer any officially filed amendment or other change to the Planning Commission for an investigation and recommendation. The Planning Commission or planning staff shall cause such investigation to be made as it deems necessary and, for the purpose, may require submission of pertinent information by any person concerned and may hold such informal public hearings as are appropriate in its judgment.
B.
The Planning Commission submits its recommendation and pertinent supporting information to the Town Council within sixty (60) days unless the Town Council grants an extension of time.
C.
After receiving the recommendations of the Planning Commission concerning a proposal for amendment to this Chapter's text, the Town Council shall determine whether or not said proposal is suitable to warrant the introduction of legislation and, to that end, may conduct any informal hearings as in its sole discretion it deems appropriate.
D.
Upon introduction of legislation, the Town Council shall hold a public hearing in reference to it. It shall give public notice of such hearings in accordance with the provisions of Article XVII of this Chapter.
E.
After receiving the recommendations of the Planning Commission concerning any proposal for amendment of the Official Zoning Maps[1] and before adoption or denial of same, the Town Council shall introduce legislation for the proposed change and hold a public hearing in reference to it in order that parties of interest and citizens shall have an opportunity to be heard. The Town Council shall give public notice of such hearing in accordance with the provisions of Article XVII hereof.
[1]
Editor's Note: The Official Zoning Map is included as an attachment to this chapter.
F.
Regardless of amendment type, a complete record of the hearing and the votes of all members of the Town Council in deciding all questions relating to the proposed amendment shall be kept.
G.
Upon passage of a text amendment to this Chapter, the affected page(s) may be removed from the ordinance and page(s) containing the amended language inserted and footnoted. A list of amendments shall be maintained with appropriate dates at the end of this Chapter.
§ 128-188 Site visit.
The Town Council shall not approve or disapprove any application for the reclassification of land unless and until a visit to the site in question has been made by at least a majority of the Town Council members in order to inspect the physical features of the property and to determine the character of the surrounding area. However, notwithstanding the provisions of this section, the application for a map amendment shall be decided upon the basis of the evidence of record. Such site visits shall not be required for sectional or comprehensive reclassification.
§ 128-189 Findings for reclassification.
A.
Where the purpose and effect of the proposed amendment are to change the zoning classification of property, the Town Council shall make findings of fact in each specific case, including but not limited to the following matters: population change, availability of public facilities, present and future transportation patterns, compatibility with existing and proposed development, the recommendation of the Planning Commission and consistency with the Town's Comprehensive Plan. The Town Council may grant the reclassification based upon a finding that there was a substantial change in the character of the neighborhood where the property is located or that there is a mistake in the existing zoning classification and that a change in zoning would be more desirable in terms of the objectives of the Town of Denton Comprehensive Plan.
B.
The fact that an application for reclassification complies with all of the specific requirements and purposes set forth in this Chapter shall not be deemed to create a presumption that the proposed reclassification and resulting development would, in fact, be compatible with surrounding land uses and is not, in itself, sufficient to require the granting of the application.
§ 128-190 Application for reclassification.
Every application for reclassification shall be accompanied by a plat drawn to scale showing the existing and proposed boundaries and other information the Planning Commission may need in order to locate and plot the amendment on the Official Zoning Map.[1] Such plat shall not be required for sectional or comprehensive reclassification.
[1]
Editor's Note: The Official Zoning Map is included as an attachment to this chapter.
§ 128-191 Filing fee for reclassification.
A filing fee in an amount that the Town Council shall determine shall be charged for processing an application for reclassification.
§ 128-192 Repeated application for reclassification.
A.
No application for reclassification shall be accepted for filing by the Town Council if the application is for the reclassification of the whole or any part of the land for which the Town Council has denied reclassification within twelve (12) months from the date of the decision of the Town Council.
B.
However, the Town Council may allow an applicant to withdraw an application for a map amendment at any time, provided that, if the request for withdrawal is made after publication of the notice of hearing, no applications for reclassification of all or any part of the land which is subject of the application shall be allowed within twelve (12) months following the date of the resolution of the Town Council approving such withdrawal, unless, by the resolution allowing withdrawal or subsequent resolution, the Council specifies that the time limitation shall not apply.
§ 128-193 Changing of Official Zoning Maps.
It shall be the duty of the Director of Planning to change the Official Zoning Maps[1] immediately upon the adoption of any amendments, in order that said maps shall always be an up-to-date public record of the zones in the Town. Official Zoning Maps require the signature of Town Council Members and the Town Administrator.
[1]
Editor's Note: The Official Zoning Map is included as an attachment to this chapter.
§ 128-194 Amendments in Critical Area District.
A.
Amending the Critical Area boundary, land use management classifications, and program.
(1)
The Town Council may, from time to time, amend the land use management area classification of properties in the Critical Area District.
(2)
In addition, the Town Council shall complete a comprehensive review and propose any necessary amendments, as required, to the Critical Area Program at least every four years. The Town Council Comprehensive Review Report to the Critical Area Commission shall be in accordance with Subtitle 18, § 8-1809(g) and (h) of the Critical Area Law.
(3)
All such amendments shall also be approved by the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays (Critical Area Commission) subsequent to the Town Council approval as established in § 8-1803 of the Critical Area Law, Subtitle 18. Standards for Critical Area Commission approval of proposed amendments are as set forth in the Critical Area Law, Subtitle 18, § 8-1809(j), as revised on July 1, 1990. The Critical Area Commission process for approval of proposed amendments is as set forth in the Critical Area Law, Subtitle 18, § 8-1809(d), as revised on July 1, 1990.
B.
Application for land use management classification or Critical Area Program amendment shall be processed as any other proposed amendment to this Chapter and are subject to the Critical Area Commission approval. Notification shall be made to the Critical Area Commission prior to the Town Council public hearing.
C.
Requirements for amendments:
(1)
Land use management classification. When considering a proposed change of land use management classification, i.e., Intensely Developed Area (IDA), Limited Development Area (LDA), or Resource Conservation Area (RCA), the Town Council shall not approve amendments unless it is found that there was a mistake in the original classification, or the site will be granted the Growth Allocation (GA) Floating Zone District classification.
(2)
Adding land to the Critical Area District.
(a)
The Town Council may amend the Critical Area boundary to add land to the Critical Area District, including land areas for which property owners have requested such an amendment, provided that:
(i)
It is documented that the benefits from the additional resource protection afforded the area exceed the negative impact of any additional development allowed and that provisions are proposed to ensure the continuance of these benefits.
(ii)
The proposal is supported by competent and material evidence of its benefits for resource protection.
(iii)
The proposal clearly improves resource protection on primarily undeveloped land.
(iv)
The extended area is added as a Resource Conservation Area (RCA), and any proposed development meets all RCA requirements.
(b)
Any land or portion added to the Critical Area District under these provisions that has been combined with adjacent Critical Area lands for the purpose of increasing the number of dwelling units that may be placed on the adjacent Critical Area parcel may not be subsequently deleted from the Critical Area District.
§ 128-195 GA Growth Allocation Floating Zone.
A.
Designation of the floating zone.
(1)
The Growth Allocation (GA) District shall be a floating zone.
(2)
The Growth Allocation (GA) District provides for changing the land management classification of Resource Conservation Areas (RCAs) and Limited Development Areas (LDAs) in the Critical Area District. The GA District shall only be permitted on sites or portions of sites that have been awarded reclassification through the growth allocation process. These are approved land management classification changes adopted by the Town Council as an amendment to the Denton Critical Area Program and Official Maps.
C.
The following policies shall apply to the location and the extent of future Intensely Developed Areas and Limited Development Areas in the Critical Area:
(1)
New IDAs shall be located in existing LDAs or adjacent to existing IDAs;
(2)
New LDAs shall be located adjacent to existing IDAs or LDAs;
(3)
No more than one-half of the allocated expansion may be located in RCAs except as provided in § 128-24C(10);
(4)
New IDAs and LDAs shall be located in order to minimize impacts to habitat protection areas and in a manner that optimizes benefits to water quality;
(5)
New IDAs shall be located where they minimize impacts to the defined land uses of any RCAs;
(6)
New IDAs or LDAs located in the RCA shall conform to all criteria of Denton's Critical Area Program for LDAs or IDAs;
(7)
New Intensely Developed Areas and Limited Development Areas in the Resource Conservation Area shall be located at least 300 feet beyond the landward edge of tidal waters or tidal wetlands unless the Town proposes and the Commission approves alternative measures for enhancement of water quality and habitat that provide greater benefit to the resources; and
(8)
When an RCA is converted to a LDA or IDA or a LDA is converted to an IDA, the developer shall be required to cluster the development, as per the applicable performance standards of this Chapter, and provide for resource enhancement in the design of such development.
D.
The following are the procedures for accounting for growth allocation acres:
(1)
Subdivision of any parcel of land that was recorded as of December 1, 1985, and classified as RCA or LDA, where Denton classifies all or part of the parcel as a Growth Allocation Floating Zone, shall result in the acreage of the entire parcel, not in tidal wetlands, counting against the Denton growth allocation unless the following conditions are met:
(a)
On qualifying parcels as described below, on which a change in classifications is approved, a development envelope shall be specified, the acreage of which will be counted against the Town's growth allocation.
(b)
The envelope shall include individually owned lots, any required buffers, impervious surfaces, utilities, stormwater management measures, on-site sewage disposal measures, any areas subject to human use such as active recreation areas, and any additional acreage needed to meet the development requirements of the criteria.
(2)
The remainder of the parcel will not count against the Town's growth allocation if it is contiguous and at least twenty (20) acres in size, retained its natural features, or is used by resource utilization activities (agriculture, forestry, fisheries activities, or aquaculture) and is restricted from future subdivision and/or development through restrictive covenants, conservation easements, or other protective measures approved by the Critical Area Commission. A forest management plan is required for any forested areas in the undeveloped portion of the parcel. Reforestation shall be accomplished on lands abandoned from agriculture. Parcels of land that qualify for application of the above guidelines are the following:
(a)
Those parcels designated as new IDAs that are located within an LDA or adjacent to an existing IDA and where the development on the parcel is located at least three hundred (300) feet from the edge of tidal waters, tidal wetlands, or tributary streams, provided that such designation:
(b)
Those parcels designated as new LDAs which are located adjacent to existing LDAs or IDAs and where the development on the parcel is located at least three hundred (300) feet from the edge of tidal waters, tidal wetlands, or tributary streams, provided that such designation conforms to the requirements of Subsection D(2)(a)(i) through (iii) above.
§ 128-196 Amendments for floating zones.
A.
Zoning amendment petitions for one of the floating zone classifications shall be subject to a different set of criteria than those outlined above. Floating zone requests shall be reviewed under provisions § 128-64 for PN Planned Development, § 128-72 for PUD Planned Unit Development, and § 128-69 for the A&E floating zone. The provisions of this article regarding the procedures and requirements of public hearings shall apply except that it shall not be necessary to prove a change in the character of the neighborhood or a mistake in the original zoning of the property to gain approval. In floating zones, the test for approval or denial shall be compatible with the neighborhood and consistent with the Comprehensive Plan.
B.
Procedures to maintain a floating rezoning once granted.
(1)
Within one (1) year of the granting of the original floating rezoning or any amendment to it, applications for building permits must be filed with requisite fees paid. Otherwise, such zoning or Critical Area land use management classification shall revert automatically to its prior classification without notice and public hearing.
(2)
Within one (1) year of a building permit issuance, construction shall be commenced on the land so zoned or reclassified. Otherwise, such zoning or Critical Area land use management classification shall revert automatically to its prior classification without notice and public hearing unless extended by the Town Council.
(3)
Within three (3) years of granting a floating rezoning, 75% of the public improvements required for such use or uses in the zoning district or Critical Area land use management classification area shall be completed. Otherwise, the zoning or Critical Area land use management classification reverts automatically to its prior classification. The Town Council, at the request of the owner, may grant an extension of this requirement unless extended by the Town Council.