Denton City Zoning Code
ARTICLE XVI
Administration.
§ 128-197 Purpose.
For the purpose of assuring a sound, serviceable arrangement of the following structures and uses and ensuring consistency with the Comprehensive Plan, as well as compliance with applicable requirements of this chapter and/or Chapter 73, Land Subdivision, site plans for the following major uses, whether proposed as special exception uses or permitted uses, shall be subject to review and recommendation by the Planning Commission. The site plan shall be approved, disapproved, or approved subject to conditions by the Director of Planning.
§ 128-198 Director of Planning and Codes.
This chapter shall be administered and enforced by the Director of Planning and Codes. The Director of Planning may be provided with the assistance of such other persons as the Town Council may direct. Delegation of such duties and responsibilities in connection with the administration and enforcement of this chapter may be done as deemed appropriate in the judgment of the Director of Planning.
§ 128-199 Permits Required.
A.
No building or other structure shall be erected, moved, added to, or structurally altered, or land use shall be changed without a Zoning Certificate (Certificate of Approval) issued by the Planning Commission or Director of Planning. No zoning certificate shall be issued except in conformity with the provisions of this Ordinance, except after a written order from the Board of Zoning Appeals.
B.
No building or other structure shall be erected, nor shall any existing building or structure be moved, added to, enlarged, or structurally altered, and no excavation for any building or other structure shall begin without issuing a Zoning Certificate and a Building Permit.
C.
In addition to the Building Permit or Zoning Certificate, the following permits may be required by the Planning Commission and/or Zoning Administrator:
(1)
Applications Approved by the Board of Zoning Appeals. The Zoning Administrator shall issue permits in conformance with the Board of Appeals' written authorization concerning administrative review appeals, special exception permit appeals, dimensional variance appeals, or other appeals as authorized in this Zoning Ordinance.
(2)
Change of Use. No change in a building or land occupancy from a use listed explicitly as a "Permitted Use" in Article V to a different use specifically listed as a "Permitted Use" in Article V is permitted without an approved Zoning Certificate. Zoning officials must determine if the proposed use and the approved development plan are allowed in the zoning district. Additional development review and/or a building permit may be required.
(3)
Change of Occupancy. No change in the occupancy classification of a building or structure, any change in purpose, or change in the level of activity within a building or structure, and/or a change of use of a building or portion of a building within the same use category, for which there is a change in the code requirements is permitted without an approved Zoning Certificate.
(4)
Combination use. A special exception permit for all uses will be required when a development proposal comprises two or more principal uses that require different types of zoning review, e.g., one use requires a Special Exception and the other only site plan approval or a building.
(5)
Demolition Permits. No building or other structures shall be razed, demolished, or removed, either entirely or partly, nor shall any activities commence without a demolition permit.
(6)
Grading Permits. As provided in the Denton Erosion Control Ordinance.
(7)
Sign Permits. No sign shall be created, erected, moved, added to, or structurally altered, nor shall any activities commence without a sign permit.
(8)
Subdivision Plat. If the permit involves the subdivision of land, an approved subdivision plat shall be required as provided in Denton Subdivision Regulations.
(9)
Other Permits. Additional permits, including approvals by other agencies, may be required to enforce the provisions of this Ordinance.
D.
Permits are issued under this Ordinance only when a review of the application submitted indicates that the development will comply with the provisions of this Ordinance if completed as proposed. All plans and applications, as finally approved, are incorporated into any permit issued; all development shall strictly follow such approved plans and applications.
E.
Unless otherwise allowed by the Mayor and Council, physical improvements to the land to be subdivided shall not be commenced without a signed, recorded final plat, a Bond, or Irrevocable Letter of Credit and a public works agreement approved by the Mayor and Council.
F.
In the discharge of their duties, a zoning official shall have the authority to enter any building, structure, or premises in the Town at any reasonable hour to enforce the provisions of this Ordinance.
§ 128-200 Change in use.
A.
A substantial change in the use of property occurs whenever the essential character or nature of the activity conducted on a lot changes. Change of use occurs whenever:
(1)
The change involves a change from one principal use category to another.
(2)
If the original use is a combination use or planned unit development, the relative proportion of space devoted to the individual principal uses that comprise the combination use or planned unit development use changes to such an extent that the parking requirements for the overall use are altered.
(3)
If the original use is a combination use or planned unit development use, the mixture of types of individual principal uses that comprise the combination use or planned unit development use changes.
(4)
If there is only one business or enterprise conducted on the lot (regardless of whether that business or enterprise consists of one individual principal use or a combination use), that business or enterprise moves out, and a different type of enterprise moves in (even though the new business or enterprise may be classified under the same principal use or combination use category as the previous type of business). For example, if there is only one building on a lot and a florist shop that is the sole tenant of that building moves out. It is replaced by a clothing store, which constitutes a change in use even though both tenants fall within the same principal use classification. However, if another florist shop replaced the florist shop, that would not constitute a change in use since the type of business or enterprise would not have changed. Moreover, if the florist shop moved out of a rented space in a shopping center and were replaced by a clothing store, that would not constitute a change in use since there is more than one business on the lot and the essential character of the activity conducted on that lot (shopping center combination use) has not changed.
B.
A mere change in the status of property from unoccupied to occupied, or vice versa, does not constitute a change in use. Whether a change in use occurs shall be determined by comparing the two active uses of the property without regard to any intervening period during which the property may have been unoccupied unless the property has remained unoccupied for more than 180 consecutive days or has been abandoned.
C.
A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as a change in use.
§ 128-201 Development types or land uses requiring site plan approval.
A.
Purpose.
(1)
Site plans aim to assure detailed compliance with applicable provisions of enacted regulations and prescribe standards for the design and construction of site improvements. Development requiring site plan approval shall be permitted only following all specifications on an approved site plan. It shall not be undertaken until the site plan is approved and all required construction permits have been obtained after such approval.
(2)
It is also the purpose to ensure a sound, serviceable arrangement of structures and uses and ensure consistency with the Comprehensive Plan, as well as compliance with applicable requirements of this Chapter and/or Chapter 73, Land Subdivision, site plans, whether for a special exception uses or permitted uses, shall be subject to review and recommendation by the Planning Commission. The site plan shall be approved, disapproved, or approved subject to conditions by the Director of Planning.
B.
A site plan and supporting documentation shall be submitted to the Planning Commission for review and approval before issuing a zoning certificate or building permit for construction, expansion, or change in use.
C.
Applicability. All development or land use activities shall require site plan review before being undertaken, except the following:
(1)
Construction or expansion of a single-family dwelling, ordinary accessory structures, and related land use activities not involving the expenditure of public funds for any off-site improvements.
(2)
Landscaping or grading that is not intended to be used in connection with a land use reviewable under the provisions of this Zoning Ordinance.
(3)
Ordinary repair, maintenance, or interior alterations to existing structures or uses not involving the expenditure of public funds for any off-site improvements.
(4)
Exterior alterations or additions to existing residential structures that would not increase the square footage of the existing structure by more than five hundred (500) square feet or cost less than $10,000.00.
(5)
Agricultural or gardening uses.
(6)
All signs except in conjunction with new development.
§ 128-202 Procedures for processing.
A.
For each application involving site plan approval, twelve (12) copies of a preliminary site plan, together with the required information in Appendix I[1] of this Chapter, shall be submitted with the Planning Commission application to the Director of Planning no later than forty-five (45) days prior to the Planning Commission meeting. Building permit applications may be submitted with the final site plan.
[1]
Editor's Note: Appendix I is included as an attachment to this chapter.
B.
Minor, Simplified, and Concept site plans requiring administrative approval shall not have the forty-five-day prior submittal requirement.
C.
The Director of Planning or designated representative shall check the site plan for general completeness and compliance with such administrative requirements as exist or may be established before routing copies thereof to reviewing departments, agencies, and officials. The Director of Planning shall ensure that all reviews are completed on time and that site plans are submitted to the Planning Commission with review comments before the next regular Planning Commission meeting, provided the plans have been submitted forty-five (45) days before the meeting.
D.
Minor site plans deemed complete and requiring only administrative approval shall be reviewed and may be administratively approved, with the concurrence of all appropriate agencies by the Director of Planning. Minor site plans may be forwarded to the Planning Commission for review and approval at the discretion of the Director.
§ 128-203 Simplified site plans and concept plans.
A.
Simplified site plan.
(1)
Upon the determination by the Director of Planning, with the concurrence of all appropriate agencies, a simplified site plan may be filed for:
(a)
duplexes,
(b)
conversions, redevelopment of existing facilities,
(c)
development or redevelopment in an MBA Modified Buffer Area of the Critical Area,
(d)
an accessory building and/or addition to a commercial or industrial use structure in those cases where a field inspection indicates that the scope of the proposed accessory building and/or addition is of such a nature that the provisions for stormwater management, sediment control, off-street parking, setbacks, water and sewerage, and other requirements can be adequately addressed with a simplified site plan.
(e)
microbusiness and microbusiness change of use,
(f)
redevelopment of existing facilities or conversion,
(g)
change of ownership of business enterprise, and
(h)
change in status of property from unoccupied to occupied.
(2)
The Director of Planning may approve the site plan upon concurrence of all appropriate agencies.
(3)
The simplified site plan shall contain the information for simplified site plans in Appendix I[1] at the end of this Chapter.
[1]
Editor's Note: Appendix I is included as an attachment to this chapter.
(4)
Simplified site plans may be forwarded to the Planning Commission at the discretion of the Director.
B.
Concept plan.
(1)
A concept plan is a site plan by which, at the early stages of development design, the Planning Commission may consider major aspects of the development and discuss potential issues without requiring an undue amount of final design work on the developer's part. The concept plan is less detailed and specific than a major site plan regarding the exact arrangement of buildings, parking areas, open spaces, access points, and other site design features. No building permits can be issued based on a general development plan.
(2)
Concept plans shall be required as follows:
(a)
A concept development plan shall accompany all Official Zoning Map[2] amendment applications.
[2]
Editor's Note: The Official Zoning Map is included as an attachment to this chapter.
(b)
To permit more than one (1) principal structure and its accessory structures on a lot or parcel of land.
(c)
For consideration of a planned development.
§ 128-204 Site Plan Review.
A.
Planning Commission and staff review of the site plan shall include, but is not limited to, the following considerations:
(1)
Alignment with the design guidelines outlined in Appendix III.[1]
[1]
Editor's Note: Appendix III is included as an attachment to this chapter.
(2)
Adequacy and arrangement of vehicular traffic and circulation, including emergency vehicle access.
(3)
Location, arrangement, appearance, and sufficiency of off-street parking and loading.
(4)
Location, arrangement, size, and design of buildings, lighting, and signs.
(5)
Relationship of the various uses to one another and their scale.
(6)
Relationship to surrounding development, existing or future.
(7)
Adequacy, type, and arrangement of trees, shrubs, and other landscaping constituting a visual and noise buffer between adjacent uses and adjoining lands.
(8)
Adequacy of stormwater and sanitary waste disposal.
(9)
Adequacy of structures, roadways, and landscaping in areas susceptible to flooding, ponding, or erosion.
(10)
Compatibility of development with the site's natural features and surrounding land uses.
(11)
Adequacy of floodproofing and flood prevention measures consistent with the flood hazard prevention regulations of the Federal Emergency Management Agency.
(12)
Adequacy of open space for play areas, informal recreation, and the retention of natural areas such as wildlife habitats, wetlands, and wooded areas.
B.
When granting a special exception is required, the Commission shall forward the site plan and its recommendation to the Board of Appeals.
(1)
The Board of Appeals may prescribe additional information to be shown on the plan, with all changes and additions to be reviewed for compliance with this Chapter and the Comprehensive Plan.
(2)
If specified conditions are met in the revised plan, the Director of Planning may approve the issuance of building permits following the revisions without returning the plans for further Planning Commission review.
C.
The Director of Planning may approve minor changes in site plans after approval by the Planning Commission or Board of Appeals and approve the issuance of building permits accordingly if such changes do not substantially affect the original approval or conditions attached to it.
D.
Nothing in this section shall be interpreted to permit the granting of a variance or special exception to the regulations of this Chapter or to abridge the procedures or requirements of the laws and ordinances governing the subdivision of land.
E.
After approval of the preliminary plan, two (2) final drawings must be submitted to the Department of Planning, with one (1) copy to be kept on file.
§ 128-205 Required information to be shown.
Every site plan submitted per this Article shall contain the information shown in Appendix I[1] at the end of this Chapter.
[1]
Editor's Note: Appendix I is included as an attachment to this chapter.
§ 128-206 Specific standards and conditions on site plan approval.
The following specific standards will be met in the site plan, in addition to other requirements of this Chapter:
A.
Lighting. Lighting emitting objectionable glare or sky glow observable from surrounding properties or streets will be shielded.
B.
Public facilities. The Town and/or Health Department shall certify that the proposed water and sewer facilities are adequate to service the proposed development.
C.
Screening. The Planning Commission may recommend screening the property lines and the parking areas around and within. Minimum standards are:
(1)
Planting strips will be no less than five (5) feet wide and planted with shrubs and/or trees, which are of a type and spaced at intervals that may be expected to form a year-round dense screen at least six (6) feet high within three (3) years; and
(2)
Opaque fencing may be used instead of trees and shrubs, subject to Approval of the Director of Planning.
D.
Common areas. If the plan of development includes common areas, property, and/or facilities, including, but not limited to, stormwater management facilities, the Director of Planning, as a condition of Approval, shall establish such conditions on the ownership, use, and maintenance of such lands or property as he deems necessary to insure the preservation and maintenance of such areas, property, and facilities for their intended purposes.
§ 128-207 Required improvements.
In furtherance of the purposes of this Chapter and to assure public safety and general welfare, the Town departments and agencies charged with the responsibility for the review and Approval of site plans shall require such of the following improvements as fall within their respective responsibilities:
A.
Designate pedestrian walkways so individuals can walk from store to store or building to building within and adjacent sites.
B.
The concurrence of the State Department of Transportation with the location and design of vehicular entrances and exits to and from state-maintained streets and highways.
C.
Connection, wherever possible, of all walkways, travel lanes, and driveways with similar adjacent developments.
D.
Screening, fences, landscaping, and buffer areas as are required by the provisions of this section and other ordinances of the Town.
E.
Easements or rights-of-way for all facilities to be publicly maintained. Such easements shall clearly be defined for the purpose intended.
§ 128-208 Agreement bond for improvements.
A.
Before approval of any site plan, there shall be executed by the owner or developer and submitted with the site plan an agreement to construct such required physical improvements as are located within public rights-of-way or easements or as are connected to any public facility in form and substance as approved by the Town of Denton, together with a bond or surety acceptable to the Town in the amount of the estimated cost of the required physical improvement of all work covered thereby, which time may be extended by the Town Council upon written application by the owner or developer, signed by all parties (including sureties) to the original agreement. The adequacy, conditions, and acceptability of any bond or surety hereunder shall be determined by the approving authority for the Town. The Town Attorney shall determine the legal sufficiency of the bond or surety.
B.
The Town may also require agreement bonds for landscaping and bufferyard plantings. The bond (amount to be determined by the Town Arborist) may be held for the Town for one (1) year to ensure that plantings remain healthy and alive during this period.
§ 128-209 Approval and extension.
A.
Approval of a site plan submitted under the provisions of this article shall expire two (2) years after the date of such Approval unless building permits have been obtained for construction per that site plan.
B.
A one-year extension may be given upon written request by the applicant to the Director of Planning within ninety (90) days before the approved site plan expires. The Director of Planning shall acknowledge the request and shall forward the request within forty-five (45) days after receipt to the Planning Commission for a recommendation regarding the requested extension.
C.
No extension shall be approved if development standards applicable to the approved site plan have been revised and actual construction has not lawfully begun before the effective date of adoption or amendment of this Chapter and upon which actual building construction has been diligently carried on. Actual construction is defined to include the placing of construction materials in a permanent position and fastened permanently; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, if work shall be diligently carried on until completion of the building involved.
§ 128-210 Modification, revision, and waiver.
Any site plan may be revised using the same procedure as initially approved, and the Planning Commission may waive any requirements of this Article or the Director of Planning for minor modifications as specified in Subsection A in specific cases where such requirement is found to be unreasonable. No such waiver shall be adverse to the purpose of this section. Approved site plans may be modified as follows:
A.
Minor modifications. The Director of Planning may authorize minor adjustments in an approved plan as follows:
(1)
Minor modification of the size and location of drainageways, sewers, roadways, plantings, or other similar features in light of technical or engineering considerations.
(2)
Minor modifications of the bulk of any proposed structure, provided that the modified dimensions comply with all requirements of the applicable zoning district and do not allow buildings closer to property lines or otherwise adversely affect neighboring properties or the development authorized by the plan as initially approved.
(3)
Any request to modify any condition imposed in a site plan approval which the Planning Director deems to be a minor modification.
B.
Major modifications. Modifications to any approved site design plan that the Director of Planning deems to be a major modification may be approved only per the procedures required for original plan approval, subject to waivers of plan submission requirements by the Director of Planning.
§ 128-211 Building permit.
No building permit shall be issued for any structure in any area covered by the site plan that is required under the provisions of this article except as it conforms to such site plan, which has been duly approved.
§ 128-212 Construction and Use.
Building permits and occupancy permits issued based on site plans and applications approved by the Director of Planning or the Planning Commission authorize only the use, arrangement, and construction outlined in such approved plans and applications and no other use, arrangement, or construction.
§ 128-213 Administration approvals, accessory structures.
A.
The Director of Planning and Codes ("Director"), or his or her designee shall approve, approve with conditions, or deny any application for an accessory structure that does not require:
B.
The applicant for an accessory structure proposal shall be the recorded owner of the property or an agent authorized in writing by the owner.
D.
Expiration of approvals. Approvals shall expire two (2) calendar years from issuance by the Director or his or her designee if substantial construction has not occurred.
E.
Time extensions of approved applications. Upon written notice by the applicant and payment of fees, the Director or their designee may grant a one-time extension of one (1) calendar year if the application is substantially the same and the accessory structure remains compliant with the provisions of this section. Notice of the decision by the Director or his or her designee shall be provided in writing.
F.
Modifications of approved plans. The applicant may request a modification of the approved plans, provided the modifications comply with the requirements of this section.