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# System prepended metadata

title: 'Part 1: Denton, TX Development Code'
tags: [' Code', ' TX', USA]

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tags: USA, TX, Code
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# Part 1: Denton, TX Development Code
## General Standards

### 1.1 - Title and Effective Date
1.1.1 This document is Chapter 35 of the Municipal Code of Ordinances of the City of Denton, Texas. It shall be officially known and cited as the "Denton Development Code," and is referred to internally in this document as "this DDC" and "this Code."

1.1.2 This DDC shall become effective on October 1, 2019.

### 1.2 - Purpose
Pursuant to the Texas Local Government Code (TLGC), the City Council enacts this DDC to:

1.2.1 Promote the health, safety, and general welfare of the City's inhabitants;

1.2.2 Implement the City's comprehensive plan - the City's guide in managing growth, promoting reinvestment, and improving the quality of life of the citizens of Denton;

1.2.3 Preserve and protect the natural environment;

1.2.4 Improve the City's appearance;

1.2.5 Improve mobility for all modes of transportation and promote traffic safety;

1.2.6 Facilitate the adequate provision of public services and utilities;

1.2.7 Encourage the appropriate use of land, buildings, and structures; and

1.2.8 Establish procedures for the processing of planning and zoning actions that affect the development and use of property subject to the planning jurisdiction of the City.

### 1.3 - Authority, Applicability, and Jurisdiction

#### 1.3.1 - Authority.
A. This DDC is adopted pursuant to the authority in Article X of the Denton Municipal Charter, as amended, and enacted pursuant to the powers granted and limitations imposed by provisions of the State of Texas, including the statutory authority granted in Chapters 42, 43, 211, 212, and 213 of the TLGC, and all other relevant provisions of the State of Texas.

B. Whenever any provision of this DDC refers to or cites a section of the Texas state statute and that section is later amended or superseded, this DDC shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

C. Whenever a provision of this DDC requires or authorizes an officer or employee of the City to do some act or perform some duty, it shall be construed to authorize the officer or employee to designate, delegate, and authorize subordinates to perform the act or duty, unless the terms of the provision designate otherwise.

#### 1.3.2 - Applicability.
A. General Applicability. Unless otherwise stated, this DDC applies to all land, buildings, structures, and uses located within the City and if applicable, its extraterritorial jurisdiction (ETJ).

B. Applicability to Public Agencies. To the extent allowed by law, the provisions of this DDC shall apply to all land, buildings, structures, and uses owned, leased, or otherwise controlled by any district, county, state, city, or federal government agencies in the City of Denton. Where the provisions of this DDC do not legally control such land, buildings, structures, and uses, such agencies are encouraged to meet the provisions of this DDC.

#### 1.3.3 - Compliance Required.
No land shall be used or divided, and no structure shall be constructed, occupied, enlarged, altered, or moved until:

A. All applicable development review and approval processes have been followed in accordance with Subchapter 2: Administration and Procedures;

B. All applicable approvals have been obtained; and

C. All required permits or authorizations to proceed have been issued.

#### 1.3.4 - Conflicts with Other Ordinances and Criteria Manuals.
A. Whenever any provision of this DDC conflicts with other provisions of the Municipal Code of Ordinances, the stricter provision, as determined by the Director following the interpretation procedure in Subsection 2.8.6, Interpretations, shall govern.

B. Whenever any provision of this DDC conflicts with a Criteria Manual adopted by ordinance by the City of Denton as established in Section 2.11, including but not limited to those listed below, the Criteria Manual shall govern, as determined by the Director:
1. Administrative Criteria Manual
2. Connectivity Component - Mobility Plan
3. Construction Criteria Manual
4. Environmentally Sensitive Areas Criteria Manual
5. Solid Waste Criteria Manual
6. Stormwater Design Criteria Manual
7. Transportation Criteria Manual
8. Water and Wastewater Criteria Manual

C. All Criteria Manuals are available online on the City's website and housed in the Development Services Department. Criteria Manuals are maintained and updated by the Department annually.
(Ord. No. DCA19-0014a, § 2(Exh. A), 11-19-2019)

#### 1.3.5 - Private Covenants.
A. This DDC is not intended to revoke or repeal any easement, covenant, or other private agreement.

B. Nothing in this DDC shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not excuse any failure to comply with this DDC.

C. Nothing in this DDC obligates the City to enforce the provisions of any easements, covenants, or agreements between private parties.

#### 1.3.6 - Transfer of Ownership.
Permits, licenses, or approvals authorizing a particular use of land or structure shall transfer with the ownership of the land or structure so long as the land or structures, or any portion of the land or structures, continue to be used for the purpose and in the manner authorized by a permit, license, or approval. No person, including a successor or assignee of the person who obtained the permit or approval, may use the land or structure except in accordance with all the terms, conditions, and requirements of the permit or approval.

#### 1.3.7 - Emergency Powers.
The Mayor may authorize any deviation from this DDC during a local state of disaster as prescribed in Chapter 418 of the TLGC.

#### 1.4 - Severability
In the event one or more of the provisions of this DDC shall for any reason be held to be illegal or invalid by a court of competent jurisdiction, it is the intention of the City Council that such illegality or invalidity shall not affect any other provision in this DDC, but this DDC shall be construed and enforced as if such illegal or invalid provision had not been contained.

### 1.5 - Nonconformities

#### 1.5.1 - Purpose.
The purpose of Section 1.5 is to regulate and limit the development and continued existence of land, buildings, structures, uses, and site features that were lawfully established prior to the effective date of this DDC, but that no longer conform to the requirements of this DDC. All such situations are collectively referred to in this section as "nonconformities." While nonconformities may continue, the provisions of this section are designed to curtail substantial investment in nonconformities to bring about their eventual elimination in order to preserve the integrity of this DDC and the goals of the City of Denton.

#### 1.5.2 - Regulations Applicable to All Nonconformities.
A. **Authority to Continue.** Nonconformities may continue to be used and occupied, subject to regulations as to the maintenance of premises and conditions of operations set forth in this section, or unless such nonconformity is terminated as provided in this section.

B. **Determination of Nonconformity Status.** The burden of establishing the existence of a nonconformity shall be solely on the owner of the property containing the nonconformity. An applicant may use the procedure in Subsection 2.5.4, Certificate of Zoning Compliance, to establish the existence of a nonconformity.

C. **Maintenance and Minor Repair.** Minor repairs and maintenance of nonconformities are permitted and encouraged, provided that the repairs and maintenance do not increase the degree of nonconformity. Minor repairs and maintenance include the following:
1. Repairs necessary to maintain and to correct any damage or deterioration to the structural soundness of, or the exterior or interior appearance of, a building or structure without expanding the height or footprint of the building or structure, unless compliant with this DDC;
2. Maintenance of land to protect against and mitigate health and environmental hazards;
3. Resurfacing or restriping parking areas (but no enlargement of parking area) pursuant to Section 7.9, Parking and Loading;
4. Replacing diseased or dead plant materials pursuant to Section 7.7, Landscaping, Screening, Buffering, and Fences;
5. Repairs that are required to remedy unsafe conditions; and6.Repairs necessary to comply with current building code requirements.D.Change of Ownership or Tenancy. Changes in ownership, tenancy, or management of property with an existing nonconformity may occur, but such nonconformities shall continue to be subject to the standards of this Section 1.5.
 
E. **Compliance to the Maximum Extent Practicable.** Where compliance with the requirements of this section is precluded by a lack of sufficient developable area due to the size of the lot, the layout of existing development, or the presence of significant wetlands, floodplains, watercourses, hazard areas, or other significant environmental constraints, the applicant shall comply with the requirements of this section to the maximum extent practicable, as determined by the Director.

F. **Discontinuance.**
1. Whenever a nonconforming use or structure is discontinued for one year or more, all nonconforming rights shall cease, and the use of the premises or the structure shall be in conformance with this Subchapter and all applicable codes of the City. For purposes of this provision, the following actions shall create a rebuttable presumption of discontinuance: the property or structure is vacant and no attempt to market the property is observable on the property or from the exterior of any structure, or that the property or structure is vacant and City taxes owed on the property are delinquent. The determination of discontinued status may be delayed for up to one year by the Director upon written request, if the applicant provides documentation that the property has been actively marketed for at least six months during the previous, first year.
2. The right to maintain or operate a nonconforming structure or use may be terminated by the Zoning Board of Adjustment in accordance with Subsection 1.5.8, Amortization of Nonconforming Uses or Structures. Any appeal of the termination of nonconforming rights by the Zoning Board of Adjustment under this Subchapter shall be made to the District Court within 10 days of receipt of written notice of the termination by the Director.

G. **Nonconformity Due to Outside Action.**
1. Where a lot, tract, or parcel is occupied by a lawful structure, and where the acquisition of right-of-way, by eminent domain, dedication, or purchase, by a city, county, state, or federal agency creates noncompliance of the structure or property regarding any requirement of this DDC, such structure or property shall be deemed nonconforming, and acquiring agency shall provide a compliance plan. Such designation shall apply only to noncompliance that results directly from the acquisition of right-of-way or by acquisition through eminent domain.
2. In the event that such structure is partially or totally destroyed by natural or accidental causes, the structure may be rebuilt upon approval of a building permit by the Building Official, subject to Subsection 1.5.4D, Damage or Destruction of More than 50 Percent of the Gross Floor Area.

H. **Prior Construction Approved.** Nothing contained in this section shall require any change in the plans, construction, or designated use of a building legally under construction, or for which a permit for construction has been issued, at the time of passage of this DDC or amendments.

I. **Applicability of this DDC to Existing Residential Uses and Structures.** The adoption of this DDC shall not cause any existing, legally established single-family detached dwelling, townhome, or duplex use or structure to become nonconforming. Any single-family detached dwelling, townhome, or duplex structure, lot, and associated site features lawfully existing on the effective date of this DDC shall be deemed a lawful structure, lot, or site feature.

#### 1.5.3 - Nonconforming Uses.
A. **Limitations on Continuation of Nonconforming Uses of Land.**
1. A nonconforming use may be extended throughout the same building, provided that:

    a. No structural alteration of the building (or portion of such building containing the nonconforming use in the case of buildings with multiple uses) shall be permitted;
    
    b. No additional dwelling units shall be permitted in the building; and
    
    c. No additional nonresidential units and/or uses shall be permitted.

2. No nonconforming use shall expand into an additional structure.3.Any use of land that was established in the City's extraterritorial jurisdiction and annexed into the City shall be subject to the provisions established in TLGC, Section 43.002, as amended.

B. **Change of Use.**
1. A nonconforming use may be changed to another nonconforming use, provided the Director determines that the new use creates lesser impacts on surrounding properties and is no more intensive than the use it replaces, and no structural alterations to the building are required to accommodate such change, except those alterations necessary to meet accessibility provisions required by state and federal law.
2. A nonconforming use that has been changed to a less nonconforming use pursuant to this subsection may not subsequently be changed back to a more nonconforming use.
3. A nonconforming use, if changed to a conforming use, may not subsequently be changed back to any nonconforming use unless otherwise permitted by this DDC.

C. **Existing Uses Requiring a Specific Use Permit.** The adoption of this DDC shall not cause any existing, legally established use that requires a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP), to become nonconforming. Any legally established use existing on the effective date of this DDC that has been damaged or destroyed by fire or other natural or accidental causes in whole or in part may be restored to its original condition and is not required to obtain a specific use permit.

#### 1.5.4. - Nonconforming Structures.
A. **Expansion of a Nonconforming Structure.** A nonconforming structure may only be expanded or enlarged pursuant to Subsection 1.5.2C, and any such expansion or enlargement shall be in full compliance with this DDC.

B. **Increasing Level of Nonconformity Prohibited.** A nonconforming structure shall not be altered in a way that increases the nonconformity of the structure, but any structure or portion of a structure may be altered to decrease the nonconformity of the structure.

C. **Damage or Destruction of Less than 50 Percent of the Gross Floor Area.** A nonconforming structure that has been damaged or destroyed by fire or other natural or accidental causes may be restored to its original condition, provided that:
1. The extent of the damage does not require the reconstruction of more than 50 percent of the gross floor area of the nonconforming structure. For purposes of this provision, the 50-percent threshold shall apply to each individual structure, and not cumulatively to multiple structures on one lot; and
2. A building permit is issued for the work to be performed and such work is commenced within one year of such event and completed within 18 months of such event. By written request from the property owner, the Director may grant one extension of either the work commencement and/or the completion of work time period.
3. A restoration or reconstruction of the structure in violation of this subsection immediately terminates the right to operate the nonconforming structure.

D. **Damage or Destruction of More than 50 Percent of the Gross Floor Area.** A nonconforming structure that has been damaged or destroyed by fire or other natural or accidental causes shall not be rebuilt or occupied, except in conformance with this DDC.
(Ord. No. DCA19-0009c, § 2(Exh. A), 11-19-2019)

#### 1.5.5 - Nonconforming Lots.
A. A structure situated on a nonconforming lot shall be considered a nonconforming structure, subject to the provisions of this Section 1.5.

B. A nonconforming lot that was made nonconforming by virtue of enactment of this DDC may be used for construction of a building allowed in the applicable zoning district, provided that all other zoning district and dimensional standards are met, unless as otherwise provided for in this Section 1.5.

C. A structure on a nonconforming lot deemed nonconforming by virtue of Subsection 1.5.4C may be restored to its original condition pursuant to Subsection 1.5.4C.

#### 1.5.6 - Nonconforming Site Features.
A. For purposes of this provision, the term "nonconforming site feature" includes any driveway, off-street parking or loading area, building coverage, landscaping, buffer, or screening element that lawfully existed per regulations in place prior to the effective date of this DDC, as well as the lack of any such feature required by subsequently enacted City regulations.

B. A lawfully nonconforming site feature may continue in its existing condition unless and until full or limited compliance with the development standards of this DDC, as required in Section 7.2: Applicability.

C. No action shall be taken that increases the degree of the nonconformity of a site feature.

#### 1.5.7 - Nonconforming Signs.
Nonconforming signs shall comply with Municipal Code of Ordinances, Chapter 33.10, Nonconforming Signs.

#### 1.5.8 - Amortization of Nonconforming Uses or Structures.
A. **Initiation of Proceedings.** The City Council may initiate proceedings to amortize a nonconforming land use or structure.

B. **Consideration by Zoning Board of Adjustment.**
1. **Generally.** The Zoning Board of Adjustment may require the termination of nonconforming uses of land or structures under a plan whereby the value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this DDC.
2. **Criteria for Determining Amortization Period.** Before the Zoning Board of Adjustment may determine an amortization period, it shall consider the following factors:

    a. The owner's capital investment in the structures on the property at the time the use became nonconforming;
    
    b. The amount of the investment realized to date from revenue generated by the property and the amount remaining, if any, to be recovered during the amortization period;
    
    c. The existence or nonexistence of lease obligations, as well as any contingency clauses therein permitting termination of such leases;d.Removal costs that are directly attributable to the establishment of a termination date; ande.Other costs and expenses that are directly attributable to the establishment of a termination date.
    
3. **Cessation of Use.** If the Zoning Board of Adjustment establishes a termination date for a nonconforming use or structure, the use shall cease operations on that date and the owner shall not operate it after that date unless it becomes a conforming use or structure.

#### 1.5.9 - Illegal Nonconformities.
A nonconformity becomes illegal when:

A. A nonconforming structure is destroyed or substantially destroyed by an intentional act of the owner or an agent without a proper permit or other required city approval. If this occurs, the nonconforming structure shall lose its nonconforming status and shall be required to conform to existing codes. If a nonconforming use was also in the structure, the nonconforming use and all site improvements shall lose their nonconforming status and be required to come into compliance with existing codes; and
B. A use, structure, or site improvement results in a nonconformity without being lawfully authorized in accordance with the provisions of this DDC. Such use and/or structure shall cease operations until the required city approvals are obtained.

#### 1.5.10 - Applicability of Gas Well Reverse Setbacks to Existing Protected Uses or Residential Lots.
A. All Protected Uses and Residential Lots that were deemed non-conforming as result of Ordinance No. 2010-196, which established the 250-foot gas well reverse setback, are hereby conforming.
B. Any existing Protected Use or Residential Lot existing within the Gas Well Reverse Setback radius on the effective date of Ordinance No. DCA19-0009e [February 11, 2020] are a conforming site feature, lot, or structure, provided all applicable requirements of the Fire Code and underlying zoning district regulations are met.

For the purposes of this section, "existing" shall include any existing Protected Use structure, site feature, residential lot, or any lot that is part of a project under TLGC Chapter 245 that has filed an application for a preliminary plat or general development plan that has not expired as of February 11, 2020.

Improvements that meet underlying zoning district regulations may be permitted for Protected Uses within the lot boundaries that exist on February 11, 2020; however, if the property is replatted or otherwise subdivided after February 11, 2020, then the new lots must comply with Reverse Setback regulations in effect at the time of plat application.

(Ord. No. DCA19-0009c, § 2(Exhibit A), 11-19-19)

### 1.6 - Enforcement

#### 1.6.1 - Purpose.
This Section 1.6 establishes procedures through which the city seeks to ensure compliance with the provisions of this DDC and obtain corrections for violations of this DDC. This section also sets forth the remedies and penalties that apply to violations of this DDC.

#### 1.6.2 - Violations.
A. **Generally.** Any person who violates any applicable provision of this DDC shall be deemed guilty of a violation punishable in accordance with Subsection 1.6.5. For purposes of this section, the term "violation" shall mean a final finding by a court of record that an ordinance has been violated.

B. **Prior Violations.** If a development or activity in violation of the prior development regulations fully complies with this DDC, such development or activity shall no longer be deemed a violation. Unpaid fees and/or penalties from prior enforcement of violations are still valid and shall remain the responsibility of the violator under the prior regulations.

C. **Violations within the Extraterritorial Jurisdiction.** Any person who violates any applicable provision of this DDC within the extraterritorial jurisdiction shall not be guilty of a misdemeanor; however, the city may institute any appropriate action or proceeding in the District Court to enjoin the violation of this DDC.

D. **Activities Constituting a Violation.**
1. **Activity Inconsistent with this DDC.** Any erection, construction, reconstruction, remodeling, alteration, maintenance, expansion, movement, or use of any land, building, structure, or sign that is inconsistent with this DDC.
2. **Activity Inconsistent with a Permit or Approval.** Any development, use, or other activity that is in any way inconsistent with the terms or conditions of any permit or approval required to engage in such activity under this DDC.
3. **Illustrative Examples of Violations.** Examples of violations of this DDC include, but are not limited to:
    a. Increase of the density or intensity of any use of land or structure except in accordance with the requirements of this DDC;
    
    b.Reduction or diminishment of lot area, setbacks, buffers, open space, or other standards below the minimum requirements set forth in this DDC;
    
    c. Creation, expansion, replacement, or change of a nonconformity inconsistent with this DDC;
    
    d. Failure to install, improve, or maintain any public or private improvements required by the terms of any permit or approval;
    
    e. Failure to abide by conditions of any approval or agreements executed in association with an approval;
    
    f. Failure to comply with applicable requirements for a certificate of occupancy or building permit; or
    
    g. Failure to obtain any required permit.
    
#### 1.6.3 - Continuing Violations.
Any violation of this DDC shall be considered a separate offense for each day during any portion of which any violation of this DDC is continued past the date of the issuance of notice of violation, with each violation punishable in accordance with Subsection 1.6.5.

#### 1.6.4 - Enforcement Actions.
A. **Responsibility for Enforcement.** This DDC shall be administered and enforced by the Director or such other person as may be designated by the Director.

B. **Investigation.** Whenever the Director receives a written, signed, third-party complaint alleging a violation of this DDC or a permit or approval issued under this DDC, the Director shall investigate the complaint and inform the complainant in writing of his or her findings and any actions that have been, or will be taken.

C. **Persons Liable.** The owner, tenant, manager, or occupant of any building or land, or any part thereof, and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this DDC or a permit or approval issued pursuant to this DDC, may be held responsible for the violation and be subject to the penalties and remedies provided in this section.

D. **Procedures upon Discovery of Violations.**
1. If the Director finds that any provision of this DDC is being violated, the Director shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the Director's discretion.
2. The Director shall not be required to provide notice of intent to suspend or revoke for violations of this DDC that cause imminent destruction of property or injury to persons.
3. When a delay would seriously threaten the effective enforcement of the DDC, or pose a danger to the public health, safety, and welfare, the Director may immediately issue an order for compliance by personal service, posting of the property as indicated in the current Denton Central Appraisal District records, or certified mail with return receipt required to the owner of record of the subject property, or to the homeowners association, as applicable, and seek enforcement through the municipal court as authorized below.

E. **Continuation of Prior Enforcement Actions.** Nothing in this DDC shall prohibit the continuation of previous enforcement actions undertaken by the city pursuant to previous regulations.

#### 1.6.5 - Penalties and Remedies.
A. **Fines.** Any violator of this DDC pursuant to Subsection 1.6.2 shall be guilty of a misdemeanor, and upon conviction shall be subject to the penalties prescribed in Subpart A, Section 1-12: General Penalty, of the Municipal Code of Ordinances.

B. **Deny, Withhold, or Revoke Approval.** Any form of approval or permit issued under this DDC may be denied, withheld, or revoked after notice and a hearing, when the Director determines that:
1. There is a departure from the approved plans, specifications, limitations, or conditions as required under the approval;
2. The approval or permit was established by false representation;
3. The approval or permit was issued in error; or
4. There is any other violation of this DDC.

C. **Stop-Work Orders.**
1. The Building Official may issue a stop-work order whenever any building, structure, site, or portion of a building, structure, or site is being demolished, constructed, reconstructed, altered, or repaired in a hazardous manner, in substantial violation of any state or local building provision, or in a manner that endangers life or property.
2. The Building Official may issue a stop-work order on any property with an uncorrected violation of this DDC or approval issued under this DDC.
3. A stop-work order shall be in writing and directed to the applicant/permit holder and/or person performing the work, and shall specify the provision of this DDC or other law in violation.
4. If a stop-work order is issued, no work shall proceed on any building, structure, site, or portion of a building, structure, or site subject to the order except to correct a violation or to comply with the order.
5. Once conditions cited in the stop-work order have been adequately addressed, the Building Official shall rescind the stop-work order.

#### 1.6.6 - Continuation of Prior Enforcement Actions.
Nothing in this section shall be construed to prevent the city from pursuing any other remedies it may have for violations of this DDC.

### 1.7 - Transition from Prior Regulations

#### 1.7.1 - Continuity of Provisions.
The provisions of this DDC, insofar as they are substantially the same as previously existing regulations relating to the same subject matter, shall be construed as restatements and continuations thereof and not new enactments. Any actions, proceedings, permits, or approvals commenced or issued pursuant to any previously existing ordinance and subject to TLGC § 245 shall not be affected by the enactment of this DDC.

#### 1.7.2 - Violations Continue.
Any violation of the previous zoning and subdivision regulations will continue to be a violation under this DDC and be subject to penalties and enforcement under Section 1.6, Enforcement, unless the use, development, construction, or other activity complies with the provisions of this DDC. The enactment of this DDC shall not abate any pending prosecution and/or lawsuit or prevent any prosecution and/or lawsuit from being commenced for any violation of a previously existing ordinance occurring before October 1, 2019.

#### 1.7.3 - Nonconformities Under Prior Regulations.
Any nonconformity under the previous zoning and subdivision regulations that has been issued a Certificate of Occupancy will remain a nonconformity under this DDC, as long as the situation that resulted in the prior nonconforming status continues to exist. If a nonconformity under the previous zoning and subdivision regulations becomes conforming because of the adoption of this DDC, then the situation will no longer be a nonconformity.

#### 1.7.4 - Uses, Lots, Structures, and Sites Rendered Nonconforming.
A. When a lot is used for a purpose that was a lawful use before October 1, 2019, and when a Certificate of Occupancy was issued and this DDC no longer classifies such use as either a permitted use or specific use in the zoning district in which it is located, such use shall be considered nonconforming and shall be controlled by the provisions of Section 1.5, Nonconformities.

B. Where any building, structure, lot, or development site that legally existed on October 1, 2019 and does not meet all standards set forth in this DDC, such building, structure, lot, or site shall be considered nonconforming and shall be controlled by the provisions of Section 1.5, Nonconformities.

#### 1.7.5 - Pending Applications.
A. Any complete application subject to TLGC § 245 that has been submitted for approval, but upon which no final action has been taken by the appropriate decision-making body prior to October 1, 2019, shall be reviewed in accordance with the regulations in effect on the date the application was deemed complete unless the applicant requests otherwise pursuant to Subsection 1.7.5B below. If the applicant fails to comply with any applicable required period for submittal or other procedural requirements, the application shall expire and subsequent applications shall be subject to the requirements of this DDC. Any re-application of an expired project approval shall meet the standards in effect at the time of re-application.

B. An applicant with a complete application subject to TLGC § 245 that has been submitted for approval, but upon which no final action has been taken prior to October 1, 2019, may submit a written request for the complete application to be reviewed under this DDC.

#### 1.7.6 - Preliminary Plat Approvals.
A. An application for which approval of a preliminary subdivision plat was granted prior to October 1, 2019, shall be considered as having received preliminary plat approval under this DDC.

B. Preliminary approvals granted under the previous regulations shall be valid for two years from the date of approval.

C. Failure to obtain a final plat approval, within two years of the approval of a preliminary plat, shall result in the expiration of the preliminary plat.

D. In the instance of large tracts or blocks of land contained within a recorded subdivision and intended or designed for replatting into smaller tracts, lots, or building sites, the replatting shall comply with all provisions of this DDC.

#### 1.7.7 - Approved Projects.
A. Any permits or licenses subject to the standards of this DDC that are valid on October 1, 2019, shall remain valid until their expiration date. Projects with valid permits or licenses may be carried out in accordance with the zoning and subdivision regulations in effect at the time of approval, provided that the permit or license remains valid and has not lapsed.

B. No provision of this DDC shall require any change in the plans, construction, or designated use of any structure for which a building permit has been issued prior to October 1, 2019, unless the building permit has expired.

C. The Director may renew or extend the time of a previous approval of an application that was administratively approved if the required findings or criteria for approval remain valid. Any extension granted shall not exceed one year in length, and no more than one extension may be granted.

D. Non-administratively approved projects may be granted one extension not exceeding one year in length, from the reviewing body by which they were originally approved as identified in Section 2.2: Summary Table of Review Procedures, where such extension would be permissible under the zoning and subdivision regulations in effect at the time of approval. If those regulations are silent as to extensions then no extension may be granted.

E. Any re-application for an expired project approval shall meet the standards in effect at the time of reapplication.

#### 1.7.8 - Rezonings With Overlay Conditions Under Prior Regulations.
Any property that was rezoned with overlay conditions under the prior regulations shall be designated as a Planned Development (PD) on the "Official Zoning Map of City" and shall be governed by the conditions listed in the ordinance authorizing the rezoning. All remaining zoning district regulations and design standards shall be governed by the base zoning district and the development standards of this DDC, effective on October 1, 2019. Proposed changes to such properties shall follow the PD amendment procedures provided in paragraph 2.7.3C.6.d: Amendments to a Planned Development.

(Ord. No. DCA19-0015a, § 2(Exh. A), 11-19-19)

#### 1.7.9 - Master Planned Communities.
The following Master Planned Communities (MPCs) shall retain the zoning and development regulations established by their respective MPC ordinances, specifically including those regulations incorporated (or excepted) from prior development codes or ordinances as they existed on the date of approval for each MPC approval ordinance and amendment.

A. Hills of Denton MPC (Ordinance 2007-150).

B. Cole Ranch MPC (Ordinance 2008-030).

C. Hills of Denton North MPC (Ordinance 2008-262).

D. Hunter Ranch MPC (Ordinances 2008-286; 2010-159; and 2010-160).

(Ord. No. DCA19-0013a, § 2, 11-5-2019)