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tags: USA, TX, Code
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# Part 2: Denton, TX Development Code
## Administration and Procedures
### 2.1 - Purpose and Organization
#### 2.1.1 - Purpose.
This subchapter establishes 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.
#### 2.1.2 - Organization of this Subchapter.
A. Section 2.2, Summary Table of Review Procedures, includes a summary table listing the land use and development procedures in this DDC.
B. Section 2.3, Review and Decision-Making Bodies, describes the duties and membership of the boards, commissions, and committees that have review and decision-making responsibilities under this DDC.
C. Section 2.4, Common Review Procedures, describes standard procedures that are applicable to most application types.
D. Section 2.5, Development Permits and Procedures, describes the procedures for site-specific development provisions.
E. Section 2.6, Subdivision Procedures, describes the procedures for applications for subdivision and conveyance of land.
F. Section 2.7, Plan and DDC Amendments, describes the procedures for amending the comprehensive plan or amending this DDC.
G. Section 2.8, Flexibility and Relief Procedures, describes the procedures for applications to vary from strict conformance with this DDC and contains various relief provisions.
H. Section 2.9, Historic Preservation Procedures, describes the procedures for various applications related to historic properties.
### 2.2 - Summary Table of Review Procedures
Table 2.2-A lists the development applications authorized in this DDC. For each type of application, the table indicates the role of city review, noticing requirements, and decision-making and appeal authorities.
*Table 2.2-A Summary of Development Review Procedures*
<table>
<tr><td colspan="14"><b>R = Review/recommendation, D = Decision, A = Appeal, [R/D/A] = Public hearing required, (R/D/A) = Public meeting required, ◇ = Recommended, ✓ = Required</b></td></tr>
<tr>
<td rowspan="2" colspan="2"><b>Procedure</b></td>
<td rowspan="2"><b>DDC Reference</b></td>
<td colspan="4"><b>Public Notice</b></td>
<td colspan="2"><b>Pre-Application Activities</b></td>
<td colspan="5"><b>Review and Decision-Making Bodies</b></td>
</tr>
<tr>
<td><b>Online</b></td>
<td><b>Mailed</b></td>
<td><b>Published</b></td>
<td><b>Posted Sign</b></td>
<td><b>Pre-Appl. Conference</b></td>
<td><b>Citizen Participation</b></td>
<td><b>Development Assistance Team</b></td>
<td><b>Director</b></td>
<td><b>Planning and Zoning Commission</b></td>
<td><b>City Council</b></td>
<td><b>Zoning Board of Adjustment</b></td>
</tr>
<tr><td colspan="14"><b>Development Permits and Procedures</b></td></tr>
<tr>
<td colspan="2">Site Plan Review</td>
<td>2.5.1</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>✓</td>
<td></td>
<td>R</td>
<td>D</td>
<td></td>
<td></td>
<td>A</td>
</tr>
<tr>
<td colspan="2">Specific Use Permit</td>
<td>2.5.2</td>
<td>✓</td>
<td>✓</td>
<td>✓</td>
<td>✓</td>
<td>✓</td>
<td>◇</td>
<td rowspan="2">At Director discretion</td>
<td>R</td>
<td>[R]</td>
<td>[D]</td>
<td></td>
</tr>
<tr>
<td colspan="2">Temporary Use Permit</td>
<td>2.5.3</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>D</td>
<td></td>
<td></td>
<td>A</td>
</tr>
<tr>
<td colspan="2">Certificate of Zoning Compliance</td>
<td>2.5.4</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>D</td>
<td></td>
<td></td>
<td>A</td>
</tr>
<tr>
<td colspan="2">Environmental Sensitive Areas (ESAs) Field Assessment</td>
<td>2.5.5</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>D</td>
<td></td>
<td>A</td>
<td></td>
</tr>
<tr>
<td colspan="2">Gas Well Development Site Plan</td>
<td>6.2.4</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>R</td>
<td>D</td>
<td></td>
<td></td>
<td></td>
</tr>
<tr>
<td colspan="2">Watershed Protection Permit</td>
<td>6.3.9</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>◇</td>
<td>R</td>
<td>D</td>
<td></td>
<td></td>
<td>A</td>
</tr>
<tr>
<td colspan="2">Vested Rights</td>
<td colspan="13">See Subsection 2.5.6: Vested Rights</td>
</tr>
<tr>
<td colspan="2">Exaction Proportionality Determination and Appeal</td>
<td colspan="13">See Subsection 2.5.7: Exaction Proportionality Determination and Appeal</td>
</tr>
<tr><td colspan="14"><b>Subdivision Procedures</b></td></tr>
<tr>
<td colspan="2">Administratively Approved Plat</td>
<td>2.6.2</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>✓</td>
<td></td>
<td>At Director discretion</td>
<td>D[1]</td>
<td></td>
<td></td>
<td></td>
</tr>
<tr>
<td colspan="2">Preliminary Plat</td>
<td>2.6.3</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>✓</td>
<td>◇</td>
<td>R</td>
<td>R</td>
<td>(D)</td>
<td>(A)</td>
<td></td>
</tr>
<tr>
<td colspan="2">Final Plat</td>
<td>2.6.4</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>✓</td>
<td>◇</td>
<td>R</td>
<td>R</td>
<td>(D)</td>
<td>(A)</td>
<td></td>
</tr>
<tr>
<td colspan="2">Development Plat</td>
<td>2.6.5</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>✓</td>
<td></td>
<td>R</td>
<td>D</td>
<td></td>
<td></td>
<td>A</td>
</tr>
<tr>
<td colspan="2">Gas Well Development Plat</td>
<td>2.6.6</td>
<td colspan="12">See TLGC §§ 212.041 through 212.050</td>
</tr>
<tr>
<td colspan="2">Replat [2]</td>
<td>2.6.7</td>
<td>✓</td>
<td>✓</td>
<td>✓</td>
<td></td>
<td>✓</td>
<td>◇</td>
<td>R</td>
<td>R/D</td>
<td>[D]</td>
<td></td>
<td></td>
</tr>
<tr>
<td colspan="2">Vacating Plat</td>
<td>2.6.8</td>
<td>✓</td>
<td>✓</td>
<td>✓</td>
<td></td>
<td>✓</td>
<td></td>
<td>R</td>
<td>R</td>
<td>(D)</td>
<td>(A)</td>
<td></td>
</tr>
<tr><td colspan="14"><b>Plan and DDC Amendments</b></td></tr>
<tr>
<td colspan="2">Comprehensive Plan Amendment</td>
<td>2.7.1</td>
<td>✓</td>
<td>✓</td>
<td>✓</td>
<td>✓</td>
<td>✓</td>
<td>◇</td>
<td>R</td>
<td>R</td>
<td>[R]</td>
<td>[D]</td>
<td></td>
</tr>
<tr>
<td rowspan="3">Zoning Amendment</td>
<td>Map[3]</td>
<td>2.7.2</td>
<td>✓</td>
<td>✓</td>
<td>✓</td>
<td>✓</td>
<td>✓</td>
<td>◇</td>
<td>R</td>
<td>R</td>
<td>[R]</td>
<td>[D]</td>
<td></td>
</tr>
<tr>
<td>Rezone to PD</td>
<td>2.7.3</td>
<td>✓</td>
<td>✓</td>
<td>✓</td>
<td>✓</td>
<td>✓</td>
<td>◇</td>
<td>R</td>
<td>R</td>
<td>[R]</td>
<td>[D]</td>
<td></td>
</tr>
<tr>
<td>Text</td>
<td>2.7.4</td>
<td>✓</td>
<td></td>
<td>✓</td>
<td></td>
<td></td>
<td>◇</td>
<td>R</td>
<td>R</td>
<td>[R]</td>
<td>[D]</td>
<td></td>
</tr>
<tr>
<td colspan="2">Annexation</td>
<td colspan="13">See Subsection 2.7.5: Annexation</td>
</tr>
<tr><td colspan="14"><b>Flexibility and Relief Procedures</b></td></tr>
<tr>
<td colspan="2">Variance</td>
<td>2.8.1</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>✓</td>
<td></td>
<td>R</td>
<td>R</td>
<td></td>
<td></td>
<td>[D]</td>
</tr>
<tr>
<td colspan="2">Minor Modification</td>
<td>2.8.2</td>
<td colspan="11">Pursuant to application procedure warranting the request</td>
</tr>
<tr>
<td colspan="2">Appeal of Administrative Decision</td>
<td>2.8.3</td>
<td>✓</td>
<td>✓</td>
<td>✓</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>R</td>
<td colspan="3">Appeal authority determined by original application type and in accordance with this Table 2.2-A</td>
</tr>
<tr>
<td colspan="2">Alternative ESA Plan</td>
<td>2.8.4</td>
<td>✓</td>
<td>✓</td>
<td>✓</td>
<td>✓</td>
<td>✓</td>
<td>◇</td>
<td>R</td>
<td>R</td>
<td>[R]</td>
<td>[D]</td>
<td></td>
</tr>
<tr>
<td colspan="2">Alternative Tree Preservation Plan</td>
<td colspan="12">See paragraph 7.7.4F: Alternative Tree Preservation/Replacement Plan</td>
</tr>
<tr>
<td colspan="2">Watershed Protection Permit Relief</td>
<td>2.8.5</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>R</td>
<td></td>
<td>D</td>
<td></td>
</tr>
<tr>
<td colspan="2">Interpretations</td>
<td>2.8.6</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>D[4]</td>
<td></td>
<td></td>
<td>A</td>
</tr>
<tr><td colspan="14"><b>Historic Preservation Procedures</b></td></tr>
<tr>
<td colspan="2">Certificate of Appropriateness</td>
<td colspan="12">See Subsection 2.9.2: Certificate of Appropriateness</td>
</tr>
<tr>
<td colspan="2">Historic and Conservation District Designation</td>
<td colspan="12">See Subsection 2.9.3: Historic and Conservation District Designation</td>
</tr>
<tr>
<td colspan="2">Historic Landmark Designation</td>
<td colspan="12">See Subsection 2.9.4: Historic Landmark Designation</td>
</tr>
<tr><td colspan="14"><b>Notes:</b></td></tr>
<tr><td colspan="14">[1] The Director at his discretion may refer the plat to the Planning and Zoning Commission. The Director shall not disapprove an administratively approved plat but shall refer such plat to the Planning and Zoning Commission if he recommends disapproval.</td></tr>
<tr><td colspan="14">[2] Non-residential minor replats may be approved by Staff pursuant to TLGC § 212.0065, as amended. The appeal authority is determined based on the original approval body (i.e., if the Planning and Zoning Commission is the approval authority then the appeal authority is the City Council; if City Staff is the approval authority then the appeal authority is Zoning Board of Appeals.</td></tr>
<tr><td colspan="14">[3] Mailed notice shall not be required if the Planning and Zoning Commission or City Council initiate an application to repeal and replace the Official Zone Map for all or substantially all of the planning jurisdiction.</td></tr>
<tr><td colspan="14">[4] The Director, City Engineer, or Building Official may make an interpretation based on the criteria in Subsection 2.8.6.</td></tr>
</table>
### 2.3 - Review and Decision-Making Bodies
#### 2.3.1 - Purpose.
This section establishes and prescribes the basic duties and operating procedures of the administrative entities responsible for administering and enforcing this DDC.
#### 2.3.2 - City Council.
See Charter, Article II: The Council, in the Municipal Code of Ordinances.
#### 2.3.3 - Planning and Zoning Commission.
A. **Composition and Operational Procedures.** See Charter, Article X: Planning and Zoning, in the Municipal Code of Ordinances.
B. **Powers and Duties.**
1. The Planning and Zoning Commission shall have the review and decision authority as shown in Table 2.2-A, pursuant to the application-specific procedures outlined in this DDC.
2. The Planning and Zoning Commission also has the powers and duties permitted under Article X, Section 10.03 in the Municipal Code of Ordinances, and § 211.007 and § 371.042 of the TLGC.
3. The members of the Planning and Zoning Commission are held to the City of Denton's Ethics Code.
#### 2.3.4 - Zoning Board of Adjustment.
A. **Composition and Operational Procedures.** See Charter, Article X: Board of Adjustment, in the Municipal Code of Ordinances.
B. **Powers and Duties.**
1. The Zoning Board of Adjustment shall have the review and decision authority as shown in Table 2.2-A pursuant to the application-specific procedures outlined in this DDC.
2. The Zoning Board of Adjustment's jurisdiction shall extend to and include the hearing and deciding of final decisions regarding changes, the reestablishment, or termination of a nonconforming use.
3. The Zoning Board of Adjustment shall be the body responsible for hearing appeals of administrative determinations under this DDC, unless otherwise specified elsewhere in this DDC.
4. The Zoning Board of Adjustment shall also have the powers and duties permitted under TLGC § 211.009 and Subpart B, Section 33.6: Appeal, Variances, and Special Exceptions, of the Municipal Code of Ordinances.
5. The members of the Zoning Board of Adjustment are held to the City of Denton's Ethics Code.
#### 2.3.5 - Public Utility Board.
See Charter, Article XII: Public Utilities, in the Municipal Code of Ordinances.
#### 2.3.6 - Historic Landmark Commission.
A. Composition. See Subpart A, Code of Ordinances, Chapter 2: Administration, Article III: Boards, Commission, and Committees in the Municipal Code of Ordinances.
B. Operational Procedures.
1. The Historic Landmark Commission shall meet as often as necessary to dispose of the business of the Historic Landmark Commission or upon call by the Historic Landmark Commission chair or upon petition of a simple majority of Historic Landmark Commission members.
2. Five members present shall constitute a quorum for the transaction of business, and all issues shall be decided by a majority of those members present and voting, except that in those instances where only a quorum of five is present at a meeting, all issues shall be decided by at least four affirmative votes.
3. The Historic Landmark Commission shall adopt appropriate rules and regulations for the conduct of its business and the election of its chair and other officers. The minutes of each meeting shall be filed in the office of the City Secretary.
C. Powers and Duties. The Historic Landmark Commission shall have the review and decision authority as shown in Table 2.2-A, pursuant to the application-specific procedures outlined in this DDC, and the following additional powers and duties under this DDC:
1. The Historic Landmark Commission shall thoroughly familiarize itself with buildings, structures, sites, districts, areas, and lands within the City that may be eligible for designation as historic landmarks, shall have review authority over the City's Historic Preservation Plan, and shall:
a. Establish criteria to be used in determining whether certain buildings, structures, sites, districts, areas, lands, and other objects should be designated as historic landmarks;
b. Establish guidelines to be used in determination of whether to grant or deny certificates of appropriateness for demolition;
c. Suggest sources of funds for preservation and restoration activities and acquisitions, to include federal sources, state sources, private and foundation sources, as well as municipal sources; andd.Recommend, to the proper agencies, incentives designed to encourage historic preservation.
2. The City's Historic Preservation Plan shall be presented to the Planning and Zoning Commission for consideration and recommendation to the City Council for inclusion in the Denton Comprehensive Plan.
3. The Historic Landmark Commission shall recommend to the Planning and Zoning Commission ordinances designating certain buildings, structures, sites, districts, areas and lands in the city as historic landmarks.
4. The Historic Landmark Commission shall hold a public hearing on all proposed ordinances and the owner of any land included in the proposed ordinance shall be given at least 15 days written notice of the public hearing.
5. If the Historic Landmark Commission finds that buildings, structures, sites, districts, lands or areas cannot be preserved without acquisition, the Historic Landmark Commission may recommend to the City Council that the fee or a lesser interest of the property in question be acquired by gift, device, purchase, eminent domain or otherwise, pursuant to the City's Charter and state and federal law.
6. Where there are conditions under which the required preservation of a historic landmark would cause undue hardship on the owner, use district changes may be recommended by the Historic Landmark Commission.
7. The designation of an historic landmark may be amended or removed using the same procedure provided in this DDC for the original designation.
8. The Historic Landmark Commission shall provide information and counseling to owners of designated historic landmarks.
9. Any person making application to have any building, structure, site, district, area or land designated as an historic landmark pursuant to the provisions of this article shall pay to the Development Services Department a filing fee in an amount determined and as from time to time amended by ordinance by the City Council, a copy of which ordinance is on file with the Department.
10. The members of the Historic Landmark Commission are held to the City of Denton's Ethics Code.
#### 2.3.7 - Economic Development Partnership Board.
See Subpart A, Code of Ordinances, Chapter 2: Administration, Article IX: Economic Development Partnership Board, in the Municipal Code of Ordinances.
#### 2.3.8 - Health and Building Standards Commission.
See Subpart A, Code of Ordinances, Chapter 2: Administration, Article X: Health and Building Standards Commissions, in the Municipal Code of Ordinances.
#### 2.3.9 - Park and Recreation Board.
A. See Subpart A, Code of Ordinances, Chapter 22: Parks and Recreation, in the Municipal Code of Ordinances.
B. See Subpart A, Code of Ordinances, Chapter 22: Parks and Recreation, Article III: Park Dedication, in the Municipal Code of Ordinances for payment of fees in lieu of park land dedication and payment of park development fees.
#### 2.3.10 - City Administration.
A. The Director of Development Services (referred to as "Director") shall have the responsibility for administering this DDC and shall have the review and decision-making responsibilities listed in Table 2.2-A, and elsewhere in this DDC.
B. The Director shall also coordinate other types of review not specifically addressed in this DDC, but relevant to land use and governed by other parts of the Municipal Code of Ordinances, including but not limited to: clearing and grading; fire; health; and building permits.
#### 2.3.11 - Development Assistance Team.
A. **Composition.**
1. The Development Assistance Team (DAT) is an advisory group comprised of City staff members and outside agencies (as necessary) who meet to review and comment on development proposals and applications and to discuss other matters related to the city's review and management of development.
2. The members of the DAT shall be composed of persons from various city departments, which have an interest in the development review and approval process, as designated by the Director.
B. **Powers and Duties of the Development Assistance Team.** The DAT shall have the review authority and responsibilities shown in Table 2.2-A, and the following additional powers and duties under this DDC:
1. To assist the Director in developing and maintaining an Administrative Criteria Manual, on request;
2. To provide expertise and technical assistance to the city's review and decision-making bodies on request; and
3. To review and comment on proposed amendments to the Comprehensive Plan.
### 2.4 - Common Review Procedures
#### 2.4.1 - Overview.
A. These common review procedures provide the foundation for specific review and approval procedures identified in Sections 2.5 through 2.9. The common review procedures are illustrated in Figure 2.4-1. Tailored versions of this illustration appear in each of the specific application types.
B. Not all common review procedures apply to every development application type. Sections 2.5 through 2.9 identify how these common review procedures are applied to specific application types, and identify additional procedures and requirements beyond the common review procedures.
**Figure 2.4-1: Summary of Common Review Procedures**
#### 2.4.2 - Consistency with State and Federal Provisions.
The notice, decision-making authority, public hearing, and other requirements for all approvals shall comply with the TLGC and other applicable state and federal provisions. This Subchapter shall be interpreted and applied in accordance with all applicable state and federal provisions. If these requirements conflict with state or federal provisions, then the state or federal provisions shall control.
#### 2.4.3 - Step 1: Pre-Application Activities.
A. **Pre-Application Conference.**
1. **Purpose.** Pre-application conferences are intended to provide an opportunity for a potential applicant to meet with city staff to review submittal requirements, procedures, and schedules; discuss details and potential impacts of the proposed project; and establish points of contact for the development review process.
2. **Applicability.** A pre-application conference is required prior to submittal of certain types of applications, as listed in Table 2.2-A, and is recommended for most other types of applications. City-initiated applications are exempt from holding a pre-application conference.
3. **Procedure.**
a. Request. The applicant may submit a request for a pre-application conference to the Development Services Department.
b. Scheduling. The Director shall coordinate with the applicant and facilitate the meeting, including the time and location of the meeting.
c. Meeting Process. The meeting shall be conducted pursuant to the requirements in the Administrative Criteria Manual.
4. **Effect.**
a. Any information, comments, or other material provided to the potential applicant by the city shall expire after 45 days of the pre-application conference.
b. Any information or discussions held as part of the pre-application conference shall be binding on the city or the potential applicant, up to 45 days.
c. Discussions of potential conditions to mitigate impacts do not reflect actions by the decision-making body until and unless a decision-making body takes formal action to attach that condition to a development approval.
B. **Citizen Participation.**
1. **Purpose.** The citizen participation process provides the residents of Denton with an opportunity to actively participate in the city's development review procedures to help shape the direction of the city's development, thereby enhancing the welfare of the community.
2. **Applicability.** The preparation and execution of a Citizen Participation Plan and submittal of a Citizen Participation Report is recommended prior to submittal of certain types of applications, as listed in Table 2.2-A Summary of Development Review Procedures.
3. **Citizen Participation Plan.**
a. **Director Review.** The Citizen Participation Plan is recommended to be reviewed by the Director prior to its execution by the applicant.
b. **Property Owner Names and Mailing Addresses.** Upon request by the applicant, staff will provide to the applicant the names and mailing addresses of property owners within 200 feet of the subject property and residents within 500 feet of the subject property.
c. **Neighborhood Meetings.**
i. Two Neighborhood Meetings. The applicant is recommended to conduct a minimum of two neighborhood meetings.
a. The first neighborhood meeting is recommended to occur prior to distribution of the city's first set of development review comments to the applicant.
b. The second neighborhood meeting is recommended to occur prior to the first public meeting/hearing in which the application is heard.
ii. Generally.
a. Neighborhood meeting invitations should be sent out in advance to allow attendees time to prepare for the meeting.
b. The invitation should include the date, time, and location of the scheduled neighborhood meeting.
c. The invitation should include as much information about the project and subject request as possible to inform attendees regarding what is being proposed.
d. Neighborhood meetings should be located in the City of Denton and as close to the subject property as is practical to help minimize the distance that attendees need to travel to participate.
e. Neighborhood meetings should be scheduled to avoid, as much as possible, any conflict with other publicly scheduled meetings.
f. Neighborhood meetings should take place during non-business hours to allow attendees who work during the day an opportunity to attend.
d. Staff Attendance.
i. It is recommended that the applicant keep the Development Services Department informed of the status of its citizen participation efforts by informing staff regarding the details for the neighborhood meeting.
ii.Staff will attend neighborhood meetings to observe, collect information, and provide answers related to Denton Plan 2030, this DDC, and all other applicable codes and ordinances of the City.
4. **Citizen Participation Report.**
a. **Contents.** A Citizen Participation Report prepared by the applicant is recommended and should include the following:
i. Dates, times, and locations of all meetings that attendees were invited to attend to discuss the project and subject request.
ii. The names and affiliation of those that attended that represent the applicant.
iii. The names and department of staff that attended the meeting.
iv. A sign-in sheet listing the names of the attendees that participated in the process.
v. A written summary of the issues and/or concerns raised by the attendees and how the applicant proposes to resolve these issues and/or concerns. If the applicant is unable to resolve the issues and/or concerns raised by the attendees, the summary should state the reason why these issues and/or concerns cannot be resolved.
b. **Public Meeting/Hearing.**
i. Prior to the public meeting/hearing, staff will prepare a summary of the neighborhood meeting and include it as part of the staff's analysis.
ii. If a Citizen Participation Report is submitted by the applicant, the report will be reviewed by staff and included as an exhibit as part of the backup that is sent to the decision-making body prior to the public meeting/hearing.
#### 2.4.4 - Step 2: Application Submittal and Processing.
A. **Authority to Submit Application.** Unless expressly stated otherwise in this DDC, a development application shall be submitted by:
1. The property owner, contract purchaser, or any other person having a recognized property interest in the land on which development is proposed; or
2. A person authorized to submit the application on behalf of the owner, contract purchaser, or other person having a recognized property interest in the land; or
3. If there are multiple owners, contract purchasers, or other persons authorized to submit the application, all such persons shall sign the application or a letter or document consenting to the application.
B. **Application Content.**
1. The application shall be submitted to the Development Services Department.
2. The application shall be submitted on a form established by the Director.
3. The applicant bears the burden of ensuring that an application contains sufficient information to demonstrate compliance with application requirements.
4. The application shall include all required information as indicated in the Administrative Criteria Manual, and any additional information requested by the Director or other staff during a pre-application conference to help demonstrate compliance with this DDC and other applicable city codes.
C. **Application Fees.**
1. Application fees shall be paid at the time of submittal according to the type of application. Fees shall be established by ordinance by the City Council.
2. All fees required by this DDC, the Administrative Criteria Manual, or otherwise prescribed in the Municipal Code of Ordinances shall be paid to and collected by the Development Services Department.
3. Where initial application fees are based on the estimated costs of review of the application by an outside consultant (for example, review of a project's traffic impacts by a traffic consultant), and the Director determines that additional funds are needed to complete the consultant's review, the Director may impose additional application fees to recover the city's actual costs in completing review. Prior to imposing such additional fees, the Director shall notify the applicant of the additional fees and provide the applicant with the option to move forward or withdraw the application.
D. **Submittal and Review Schedule.** The Director shall establish a submittal and review schedule for development applications and shall include that information in the Administrative Criteria Manual. The Director may amend the schedule to ensure effective and efficient review under this DDC.
E. **Determination of Application Completeness.**
1. **Application Materials.**
a. No application is complete unless all of the information required by Subchapter 2: Administration and Procedures, the Administrative Criteria Manual, and any application materials required by the Development Services Department, are included, and all required filing fees are paid.
b. An application is not considered filed until it is complete.
c. The applicant shall file an application in advance of any required public hearing or public meeting where the application is considered.
d. The Director may establish a schedule for filing and reviewing any application that requires action by the City Council, Planning and Zoning Commission, Zoning Board of Adjustment, Historic Landmark Commission, Director, or Building Official. The schedule shall provide adequate time for notice and/or publication consistent with the applicable state statutes and this Subchapter.
e. Completed applications shall be filed according to any published schedule.
f. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this DDC, other Ordinances of the City of Denton, or state or federal law.
2. **Review Procedure.**
a. No later than 10 business days after an application is submitted, the Director shall determine whether the application is complete and shall transmit a written determination to the applicant. If the written determination is not made within this time period, the application is deemed complete. Failure to complete this review within the specified time does not constitute approval and does not give rise to any cause of action against the City.
b. If the application is determined not to be complete, the Director shall provide written notice to the applicant of the failure. The notice shall specify the necessary documents or other information and the date the application will expire if the documents or other information is not provided. The Director shall provide this notice no later than the 10th business day after the date the application is filed.
c. Pursuant to TLGC 245.002(e), the application shall expire on or after the 45th day after the date the application is filed if:
i. The applicant fails to provide documents or other information required by Subsection 2.4.4B above; or
ii. The Director provides the notice described in paragraph 2.4.4E.2.b, above; and
iii. The applicant fails to provide the specified documents or other information within the time provided in the notice.
d. If an application expires, the city shall not process the application. The applicant shall file a new application and pay the required fees to obtain the requested approval.
3. **Notice of Application Acceptance.** When the Director determines that an application is filed in proper form and is ready to be formally accepted, the Director shall notify the applicant in writing. The application is then processed according to the remainder of this subchapter and the Administrative Criteria Manual, including referrals to outside agencies and scheduling for public hearing and/or meetings, as applicable.
4. **Time Limits Triggered by Complete Application.** Whenever this subchapter establishes a time period for processing an application, the time period does not begin until the Director has reviewed the application for completeness and the applicant has corrected all deficiencies in the application.
5. **Appeal.** If the application is determined to be incomplete, the applicant may appeal that decision in writing to the Zoning Board of Adjustment pursuant to Subsection 2.8.3, Appeal of Administrative Decision.
F. **Minor Application Revisions.**
1. An applicant may revise an application after receiving notice of deficiencies following staff review according to Subsection 2.4.5, or on requesting and receiving permission from an advisory or decision-making body after that body has reviewed, but not yet taken action on, the application.
2. Revisions shall be limited to changes that directly respond to specific requests or suggestions made by staff or the advisory or decision-making body, as long as they constitute only minor additions, deletions, or corrections and do not include significant substantive changes to the development proposed in the application or do not increase the intensity of land use, as determined by the Director.
3. Whenever this subchapter establishes a time period for processing an application, minor application revisions may warrant restarting the time period, as determined by the Director.
4. All other application revisions shall be processed as a new application per this Subsection 2.4.4.
G. **Application Withdrawal.**
1. After an application has been accepted for review, the applicant may withdraw the application at any time by submitting a letter of withdrawal to the Director.
2. An applicant is not entitled to a refund of application fees for withdrawn applications; however, the Director may refund fees not expended if the application is withdrawn.
3. If an applicant fails to respond to staff comments within 45 days, or an application is otherwise determined by the Director to be inactive for a period of 45 days, then the application is no longer valid.
H. **Concurrent Review.**
1. Where possible, without creating an undue administrative burden on the city's decision-making bodies and staff, this subchapter intends to accommodate the simultaneous processing of applications for different permits and approvals that may be required for the same development project in order to expedite the overall review process.
2. Review and decision-making bodies considering concurrent applications shall render separate reports, recommendations, and decisions on each application based on the specific standards applicable to each request.
3. Some forms of approval depend on the applicant having previously received another form of approval, or require the applicant to take particular action within some time period following the approval in order to avoid having the approval lapse. Therefore, even though this subchapter intends to accommodate simultaneous processing, applicants should note that each of the permits and approvals set forth in this subchapter has its own timing and review sequence.
#### 2.4.5 - Step 3: Staff Review and Action.
A. **Refer Application to Staff and Review Agencies.** The Director shall distribute the complete application to appropriate staff and appropriate internal and external review agencies per the Administrative Criteria Manual.
B. **Staff Review and Application Revisions.** Staff shall review the application and submit recommendations and comments to the applicant in a form established by the Director. The application shall not move forward for further review until the Director determines that the applicant has adequately responded to staff recommendations and comments, or the applicant requests that the application move forward with a staff recommendation of denial.
C. **Applications Subject to Staff Recommendation.**
1. **Staff Report.** The Director shall submit a written report to the recommending or decision-making body. The Director's report should include the reports and recommendations of other city departments, if applicable, and should state whether or not the application complies with all applicable DDC requirements. The staff report may also include a recommendation for a decision by the authorized recommending or decision-making body and recommend how noted deficiencies may be corrected and negative impacts mitigated.
2. **Distribution and Availability of Application and Staff Report.** The Director must submit a copy of the staff report to the applicant and advisory or decision-making body and must make the staff report and all related materials available for public review pursuant to the Administrative Criteria Manual.
3. **Forwarding Applications for Review.** A recommending- or decision-making body may remand the application back to the Director for further consideration, and the City Council may remand the application back to a recommending body for further consideration.
D. **Applications Subject to Staff Decision.** If an application is subject to staff review and a final decision by the Director pursuant to Table 2.2-A, the Director shall make a decision based on the review standards applicable to the application type. The decision shall be in writing and shall clearly state reasons for a denial or for conditions of approval. The Director may, at his or her discretion, require that the application be forwarded to the Planning and Zoning Commission for review.
E. **Approval Criteria Applicable to all Applications.**
1. **Generally.**
a. Unless otherwise specified in this DDC, City review and decision-making bodies must review all development applications submitted pursuant to this subchapter for compliance with the general review criteria stated below.
b. The application may also be subject to additional review criteria specific to the type of application, as set forth in sections 2.5 through 2.9.
c. If there is a conflict between the general review criteria in this section and the specific review criteria in sections 2.5 through 2.9, the applicable review criteria in sections 2.5 through 2.9 controls.
2. **Prior Approvals.** The proposed development shall be consistent with the terms and conditions of any prior land use approval, plan, development agreement, or plat approval that is in effect and not proposed to be changed. This includes an approved phasing plan for development and installation of public improvements and amenities.
3. **Consistent with Comprehensive Plan and Other Applicable Plans.** The proposed development shall be consistent with the Comprehensive Plan and any applicable plans. The decision-making authority:
a. Shall weigh competing plan goals, policies, and strategies; and
b. May approve an application that furthers the overall goals of the Comprehensive Plan even if the development does not match the future land use designation in the Comprehensive Plan.
4. **Compliance with this DDC.**
a. The proposed development shall comply with all applicable standards in this DDC, unless the standard is to be lawfully modified.
b. Compliance with these standards is applied at the level of detail required for the subject submittal.
5. **Compliance with Other Applicable Regulations.** The proposed development shall comply with all other city regulations and with all applicable regulations, standards, requirements, or plans of the federal or state governments and other relevant jurisdictions. This includes, but is not limited to, wetlands, water quality, erosion control, and wastewater regulations.
6. **Consistent with Interlocal and Development Agreements.** The proposed development shall be consistent with any adopted interlocal and applicable development agreements, and comply with the terms and conditions of any such agreements incorporated by reference into this DDC.
7. **Minimizes Adverse Environmental Impacts.** The proposed development should be designed to minimize negative environmental impacts, and should not cause significant adverse impacts on the natural environment. Examples of the natural environment include water, air, noise, stormwater management, scenic resources, wildlife habitat, soils, and native vegetation.
8. **Minimizes Adverse Impacts on Surrounding Property.** The proposed development should not cause significant adverse impacts on surrounding properties. The results of the citizen participation process may be appropriately considered under this section.
9. **Minimizes Adverse Fiscal Impacts.** The proposed development should not result in significant adverse fiscal impacts on the city.
10. **Compliance with Utility, Service, and Improvement Standards.** As applicable, the proposed development shall comply with federal, state, county, service district, city and other regulatory authority standards, and design/construction specifications for roads, access, drainage, water, sewer, schools, emergency/fire protection, and similar standards.
11. **Provides Adequate Road Systems.** Adequate road capacity shall exist to serve the uses permitted under the proposed development, and the proposed uses shall be designed to ensure safe ingress and egress onto the site and safe road conditions around the site, including adequate access onto the site for fire, public safety, and EMS services.
12. **Provides Adequate Public Services and Facilities.** Adequate public service and facility capacity shall exist to accommodate uses permitted under the proposed development at the time the needs or demands arise, while maintaining adequate levels of service to existing development. Public services and facilities include, but are not limited to, roads, domestic water, sewer, schools, public safety, fire protection, utilities, libraries, and vehicle/pedestrian connections and access within the site and to adjacent properties.
13. **Rational Phasing Plan.** If the application involves phases, each phase of the proposed development shall contain all of the required streets, utilities, landscaping, open space, and other improvements that are required for that phase, and may not defer those improvements to subsequent phases.
F. **Conditions of Approval.**
1. Except for zoning map amendments or annexations, or where otherwise prohibited by law, where this DDC authorizes a review body to approve or deny an application subject to applicable criteria, the review body may approve the application with conditions necessary to bring the proposed development into compliance with this DDC or other regulations, or to mitigate the impacts of that development on the surrounding properties and streets.
2. All conditions of approval shall be reasonably related to the anticipated impacts of the proposed use or development or shall be based upon standards duly adopted by the city. Such conditions may include those necessary to carry out the purpose and intent of the City's Comprehensive Plan, development agreements, other adopted city plans, and this DDC.
3. No conditions of approval shall be less restrictive than the requirements of this DDC, except where the DDC expressly allows deviations.
4. Any condition of approval that requires an applicant to dedicate land or pay money to a public entity in an amount that is not calculated according to a formula applicable to a broad class of applicants shall be roughly proportional both in nature and extent to the anticipated impacts of the proposed development, as shown through an individualized determination of impacts.
5. During its consideration, the decision-making body may consider alternative potential conditions; however, no discussion of potential conditions shall be deemed an attempt or intent to impose any condition that would violate the federal or state constitutions, statutes, or regulations. Discussions of potential conditions to mitigate impacts do not reflect actions by the decision-making body unless and until the decision-making body takes formal action to attach that condition to a development approval.
6. Unless otherwise provided in this DDC, any representations of the applicant in submittal materials or during public hearings shall be binding as conditions of approval.
7. Failure to meet any condition of approval prior to the issuance of any type of permit shall negate the approval and the application shall be deemed denied.
#### 2.4.6 - Step 4: Scheduling and Notice of Public Meetings/Hearings.
A. **Scheduling.**
1. If an application is subject to a public hearing pursuant to Table 2.2-A Summary of Development Review Procedures, the Director shall schedule the public hearing for either a regularly scheduled meeting or special meeting of the appropriate decision-making body following submission of a completed application.
2. Unless otherwise specified, notice for public hearings shall meet or exceed TLGC requirements.
B. **Public Notice Requirements.**
1. All public hearings required by this DDC shall be preceded by the notices identified in Table 2.2-A Summary of Development Review Procedures, all such notices shall meet the content, timing, and other specifications in the Administrative Criteria Manual.
2. Applicants are responsible for any additional notice beyond the requirements in this DDC, other city ordinances, or state law.
C. **Constructive Notice.**
1. **Minor Defects in Notice Shall Not Invalidate Proceedings.** Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description or typographical or grammatical errors that do not impede communication of the notice to affected parties. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing shall be strictly construed.
2. **Failure to Receive Notice Shall Not Invalidate Action.** Failure of a party to receive written notice shall not invalidate subsequent action.
3. **Re-Noticing.** A new notice is required if there is an increase in land use intensity, as determined by the Director, between the action described in the original notice and the final action.
#### 2.4.7 - Step 5: Review and Decision.
The application shall be subject to review, hearings, recommendations, and decisions as indicated in Table 2.2-A and the following:
A. **Generally.**
1. If the application is subject to a public hearing, the applicable review body shall hold a public hearing on the application in accordance with Subsection 2.4.6.
2. The applicable review body shall consider the application, relevant support materials, staff report, and any evidence and public comments from the public hearing (if required).
3. The applicable review body shall approve, approve with conditions, or deny the application based on the applicable approval criteria, including the general criteria in Subsection 2.4.5E, Approval Criteria Applicable to all Applications, and the specific standards in sections 2.5 through 2.9.
4. If the review involves a quasi-judicial hearing, the recommendation or decision (as applicable) shall be based only on the record of the public hearing and shall:
a. Be made in writing;
b. Include findings of fact based on competent, material, and substantial evidence presented at the hearing;
c. Reflect the determination of contested facts; and
d.State how the findings support compliance with applicable review standards.
B. **Conditional Approvals.** The decision-making body may incorporate or require, as part of a condition of approval, a written agreement between the applicant and the city that enforces the conditions. All conditions shall comply with the limitations in Subsection 2.4.5F, Conditions of Approval.
C. **Postponement of Public Hearings at Applicant's Request.** An applicant may request one postponement of the scheduled public hearing at least five business days prior to the scheduled public hearing. If any publication or notice is provided by the city, the applicant is responsible for any costs or fees associated with the postponement. If the request is submitted less than five days prior to the scheduled public hearing, the decision-making body may, in its discretion, either hold or continue the public hearing.
D. **Continuances.** The decision-making body may continue a public hearing to a specified date, time, and place. The date of continuance shall be made part of the motion and publicly announced at the public hearing. Publication or property owner notification of the continued date is not required, unless required by state law or recommended by the hearing body or the Director.
E. **Postpone a Decision.** A decision-making body may close a public hearing and postpone the decision. The request shall appear on the next subsequent agenda unless the decision is deferred to a specific date.
F. **Other Rules to Govern.** Other matters pertaining to the public hearing shall be governed by other provisions of these regulations applicable to the body conducting the hearing and its adopted rules of procedure.
#### 2.4.8 - Step 6: Post-Decision Actions and Limitations.
A. **Notice of Decision.**
1. Within 10 days after a final decision on an application, the Director shall provide written notification of the decision, unless the applicant was present at the meeting where the decision was made or required by law.
2. If the review involves a quasi-judicial hearing, the Director shall, within 10 days after a final decision on the application, provide a written notification of the decision to the owner(s) of the subject site (unless the applicant was present at the meeting where the decision was made or required by law), and any other person that submitted a written request for a copy of the decision before its effective date.
B. **Appeal.**
1. A party aggrieved or adversely affected by any decision by the City Council or Zoning Board of Adjustment may seek review of the decision in the courts in accordance with applicable state law.
2. A party aggrieved by other final decisions may appeal the decision in accordance with the procedures and standards in Subsection 2.8.3 and as set forth in sections 2.5 through 2.9, as applicable.
C. **Expiration of Approval.**
1. An application approval under this subchapter expires if no progress is made towards completion of the project within the established expiration dates provided in sections 2.5 through 2.9.
2. A change in ownership of the land shall not affect the established expiration time period of an approval.
3. For purposes of this subsection, progress towards completion of the project is as defined in TLGC § 245.005.
D. **Extensions of Approval Period.**
1. The original approval body may grant one extension of an approval period of up to one year for good cause.
2. All requests for extensions shall be submitted in writing to the Director at least 30 calendar days prior to the expiration of approval.
3. An extension request shall include:
a. A narrative stating the reasons for the applicant's inability to comply with the specified deadlines; and
b. A narrative describing any changes in the character of the neighborhood, the Comprehensive Plan, or this DDC that have occurred since approval of the permit/plan, and how any such changes affect the permit/plan; and
c. The anticipated time schedule for completing the review project and/or the specific project.
4. Additional review of the permit/plan may result in additional conditions, as applicable.
E. **Modification or Amendment of Approval.** Unless otherwise provided in this DDC, any modification of an approved plan, permit, or condition of approval shall require a new application that is submitted and reviewed in accordance with the full procedure and fee requirements applicable to the particular type of the original application.
F. **Limitation on Subsequent Similar Applications.**
1. Except at City Council's request, following denial of an application, no application that is the same or substantially similar will be accepted within one year of the previous denial. For purposes of this provision, "substantially similar" shall mean any application that is not materially different in terms of proposed development or activities relative to the reasons for denial of a previously submitted application, as determined by the Director.
2. This waiting period may be waived by the decision-making body provided that:
a. There is a substantial change to circumstances, or new information available, relevant to the issues or facts considered during the previous application review; or
b. The new application is materially different from the previous application, as determined by the Director.
### 2.5 - Development Permits and Procedures
A. **Purpose.** The site plan review procedure is intended to ensure compliance with the development and design standards of this DDC and to encourage quality development reflective of the adopted goals and objectives of the city. The site plan review procedure ensures that proposed development applications address and mitigate potential adverse impacts associated with the proposal.
B. **Applicability.** Site plan review is required for the following types of activities. All other activities are exempted.
1. **Residential.**
a. New construction of multifamily buildings.
b. Expansion of multifamily buildings by more than 10 dwelling units or 10 percent of the number of existing units, whichever is less.
c. Reconstruction of a multifamily building after voluntary demolition.
2. **Mixed-Use and Nonresidential.**
a. New construction of mixed-use or nonresidential buildings.
b. Expansion of a mixed-use building by more than 2,000 square feet of nonresidential space or the lesser of more than 10 dwelling units or 10 percent of the number of dwelling units.
c. Expansion of a nonresidential building by the greater of either 2,000 square feet or more or 20 percent of the total square footage of the building.
d. Reconstruction of a mixed-use or nonresidential building after voluntary demolition.
C. **Site Plan Procedure.** Figure 2.5-1 identifies the applicable steps from the common review procedures in Section 2.4 that apply to the review of site plans. Additions or modifications to the common review procedures are noted below:
**Figure 2.5-1: Summary of Site Plan Procedure**
1. **Step 1: Pre-Application Activities.**
a. **Pre-Application Conference.** A pre-application conference is required in accordance with Subsection 2.4.3.
b. **Citizen Participation.** Not required.
2. Step 2: Application Submittal and Processing.
a. **Generally.**
i. The site plan application shall be submitted and accepted, and may be revised or withdrawn, in accordance with Subsection 2.4.4.
ii. The Director may require at any stage of review of any site plan, submission of any plan, study, survey or other information, in addition to that specified in this DDC, or the Administrative Criteria Manual, and at the applicant's expense, as determined necessary to enable review, recommendation, and/or approval of the site plan.
b. **Concurrent Review.**
i. **Civil Engineering Plans.** For properties that have already been platted, the Director may require submittal of civil engineering plans for proposed streets, sidewalks, drainage, utility, or other public improvements associated with the site plan review. If required, such civil engineering plans may be submitted and reviewed concurrently with the site plan application.
ii. **Environmental Sensitive Areas ESAs Compliance Review.** ESA Compliance Review shall be reviewed concurrently with an application for a site plan in accordance with Subsection 7.4.4: ESAs Procedures.
iii. **Other Applications.** An application for a site plan approval may be submitted and reviewed concurrently with rezonings, specific use permits, subdivision applications, and variance applications, provided that the Director shall not decide the site plan approval application until after an official decision is made on the rezoning, subdivision, and/or variance application.
3. **Step 3: Staff Review and Action.** The Director shall review the site plan application and approve, approve with conditions, or deny the application in accordance with the approval criteria in Subsection 2.5.1D, below.
4. **Step 4: Scheduling and Notice of Public Meetings/Hearings.** Not required.
5. **Step 5: Review and Decision.** Not applicable. Review and decision is by the Director under Step 3.
6. **Step 6: Post-Decision Actions and Limitations.**
a. **No Building Permit without Approval.** No building permit shall be issued until the site plan and any associated development plans have been approved, and all conditions of approval have been met.
b. **Lapse of Approval.** Unless otherwise provided in the conditions of approval, site plans shall expire after 24 months if the use or construction has not obtained all necessary permits. Extensions may be granted by the Director for good cause shown due to unforeseen circumstances, such as an application for amendments to the approved site plan. Such extensions may only be granted if a written request is made to the Director prior to expiration.
c. **Amendments.** During construction, the Director may authorize minor adjustments without requiring resubmittal of a site plan application provided such adjustments:
i. Comply with the standards of this DDC;
ii. Are necessary to meet provisions of the building code or other life safety code;
iii. Are necessary to meet conditions of approval by other city, county, or state departments and/or agencies; or
iv. Would not significantly alter the function, form, intensity, character, demand on public facilities, or impact on adjacent properties as approved with the site plan.
d. **Appeal to the Zoning Board of Adjustment.** The applicant may appeal the denial, revocation, or suspension of a site plan to the Zoning Board of Adjustment in accordance with Subsection 2.8.3.
D. **Site Plan Review Approval Criteria.** In reviewing a proposed site plan application, the Director shall consider the general approval criteria in Subsection 2.4.5 and whether:
1. The lot on which the development is proposed has been legally platted or is otherwise exempt from platting requirements;
2. The site plan complies with all site specifications adopted by the city; and
3. The site plan complies with applicable standards in this DDC, including Subchapter 3: Zoning Districts; Subchapter 4: Overlay and Historic Districts; Subchapter 5: Use Regulations; Subchapter 7: Development Standards; and any other applicable standards of this DDC.
#### 2.5.2 - Specific Use Permit (SUP).
A. **Purpose.** The specific use permit (SUP) procedure provides a mechanism for the city to evaluate proposed development and land uses that have unique or widely varying operating characteristics or unusual features. This procedure is intended to ensure compatibility with surrounding areas and that adequate mitigation is provided for anticipated impacts.
B. **Applicability.**
1. The SUP procedure shall apply to uses identified in Table 5.2-A: Table of Allowed Uses, as requiring a SUP. No such use may be established, enlarged, or altered without approval of a SUP.
2. The City Council may grant, repeal, and amend SUPs for certain uses, but only where specified in this DDC.
C. **Specific Use Permit Procedure.** Figure 2.5-2 identifies the applicable steps from the common review procedures in Section 2.4 that apply to the review of SUPs. Additions or modifications to the common review procedures are noted below.
**Figure 2.5-2: Summary of Specific Use Permit Procedure**
1. **Step 1: Pre-Application Activities.**
a. **Pre-Application Conference.** A pre-application conference is required in accordance with Subsection 2.4.3.
b. **Citizen Participation.** Citizen Participation is recommended in accordance with Subsection 2.4.3B: Citizen Participation.
2. **Step 2: Application Submittal and Processing.** The SUP application shall be submitted and accepted, and may be revised or withdrawn, in accordance with Subsection 2.4.4.
3. **Step 3: Staff Review and Action.** The Director shall review the SUP application and prepare a staff report and recommendation in accordance with the approval criteria in Subsection 2.5.2D below.
4. **Step 4: Scheduling and Notice of Public Meetings/Hearings.** The SUP application shall be scheduled for public hearings before the Planning and Zoning Commission and the City Council and shall be noticed pursuant to Table 2.2-A Summary of Development Review Procedures and Subsection 2.4.6.
5. **Step 5: Review and Decision.**
a. **Planning and Zoning Commission Review and Recommendation.** The Planning and Zoning Commission shall review the SUP application in accordance with the approval criteria in Subsection 2.5.2D below, and shall forward its recommendation to the City Council.
b. **City Council Review and Decision.**
i. The City Council may review and approve, approve with conditions, or deny the SUP application in accordance with the approval criteria in Subsection 2.5.2D below.
ii. If the Planning and Zoning Commission recommends denial of the SUP, the SUP shall become effective only by a three-fourths vote of all members of the City Council.
c. **Concurrent Review.** An applicant may request a SUP approval concurrent with a rezoning.
6. **Step 6: Post-Decision Actions and Limitations.** Post-decision actions and limitations in Subsection 2.4.8 shall apply with the following modifications:
a. Expiration of a Specific Use Permit. If the authorized use or construction is not substantially underway within 24 months after the date of SUP approval, or an extension is granted pursuant to Subsection 2.4.8C, the SUP shall expire.
b. Expansion or Enlargement.
i. Expansion or enlargement of a SUP shall require a new application, unless the Director determines that the expansion or enlargement:
a. Is not expected to increase potential negative impacts to surrounding property or the city; and
b. Will not require adjustments to any standards greater than allowed through the minor modification procedures in Subsection 2.8.2.
ii. Any expansion or enlargement of a SUP that does not meet the criteria for Director approval established above shall require review and recommendation by the Planning and Zoning Commission and review and approval by the City Council.
c. **Denial or Revocation of Permit.**
i. A SUP may be revoked or modified after notice to the property owner and a hearing before the City Council, for any of the following reasons:
a. The SUP was obtained or extended by fraud or deception; or
b. One or more of the conditions of approval imposed on the SUP has not been met or has been violated; or
c. At the time of change of ownership or condition indicated in the original approval.
ii. If a SUP is denied or revoked in accordance with this section, then the subject property shall not be eligible for resubmittal for 12 months unless the applicant can show a substantial change in circumstances to justify a resubmittal.
d. Recording. All approved SUPs shall be referenced on the Official Zoning Map of City as "SUP."D.Specific Use Permit Approval Criteria. In reviewing a proposed SUP, the Planning and Zoning Commission and City Council shall consider the general approval criteria in Subsection 2.4.5 and whether:
1. The specific use proposed is compatible with the surrounding area;
2. The specific use proposed has minimal impacts on future development of the area;
3. The specific use proposed meets all other standards of this DDC and all other applicable city codes;
4. Any impacts associated with access, traffic, emergency services, utilities, parking, refuse areas, noise, glare, and odor have been adequately mitigated;
5. The use is in conformance with the Comprehensive Plan and any other applicable adopted plans; and
6. The use adversely impacts the health, safety, and welfare of the inhabitants of the area and the City of Denton.
#### 2.5.3 - Temporary Use Permit.
A. **Purpose.** The temporary use permit procedure provides a mechanism for the city to evaluate prospective uses and/or structures on private property of limited duration to ensure compliance with applicable standards of this DDC, including Section 5.5: Temporary Uses and Structures.
B. **Applicability.** A temporary use permit is required before establishing, constructing, or installing any temporary use or structure designated as requiring a temporary use permit in Section 5.5: Temporary Uses and Structures.
C. **Temporary Use Permit Procedure.** Figure 2.5-3 identifies the applicable steps from the common review procedures in Section 2.4 that apply to the review of temporary use permits. Additions or modifications to the common review procedures are noted below:
**Figure 2.5-3: Summary of Temporary Use Permit Procedure**
1. **Step 1: Pre-Application Activities.**
a. **Pre-Application Conference.** A pre-application conference is optional in accordance with Subsection 2.4.3.
b. **Citizen Participation.** Not required.
2. **Step 2: Application Submittal and Processing.** The temporary use permit application shall be submitted and accepted, and may be revised or withdrawn, in accordance with Subsection 2.4.4.
3. **Step 3: Staff Review and Action.** The Director shall review and approve, approve with conditions, or deny the temporary use permit application in accordance with the approval criteria in Subsection 2.5.3D below.
4. **Step 4: Scheduling and Notice of Public Meetings/Hearings.** Not required.
5. **Step 5: Review and Decision.** Not applicable. Review and decision is by the Director under Step 3.
6. **Step 6: Post-Decision Actions and Limitations.** Post-decision actions and limitations in Subsection 2.4.8 shall apply, with the following modifications:
a. **Effect of Approval.** A temporary use permit authorizes establishment, construction, or installation of the approved temporary use or structure in accordance with the terms and conditions of the permit.
b. **Expiration of Approval.**
i. A temporary use permit shall be valid beginning on the date specified on the permit and shall remain valid for the time period indicated on the permit, but in no event, longer than 12 months.
ii. Upon request, the Director may grant a one-year extension; however, in no case shall a temporary use permit be valid for more than one year after its original expiration date. This one-year extension period may not be further extended.
iii. Any temporary use permit requesting an approval period beyond one year shall require a specific use permit approval pursuant to Subsection 2.5.2.
c. **Removal and Restoration.** Before the expiration of a temporary use permit, the permittee shall disconnect all temporary uses and structures, and associated property and equipment, and free the temporary use site from all trash, litter, and debris to the satisfaction of the Director.
d. **Appeal to the Zoning Board of Adjustment.** The applicant may appeal the denial, revocation, or suspension of a temporary use permit to the Zoning Board of Adjustment in accordance with Subsection 2.8.3.
D. **Temporary Use Permit Approval Criteria.** In reviewing a temporary use or structure, the Director shall consider the general approval criteria in Subsection 2.4.5 and whether the proposed use or structure:
1. Complies with applicable temporary use standards in Section 5.5: Temporary Uses and Structures, as well as all other applicable standards in this DDC;
2. Adequately mitigates any impacts associated with access, traffic, emergency services, utilities, parking, refuse areas, noise, glare, and odor; and
3. Complies with all requirements and conditions of approval of any prior development permit or approval.
#### 2.5.4 - Certificate of Zoning Compliance.
A. **Purpose.** The certificate of zoning compliance procedure provides a mechanism for the city to evaluate new and/or changes in use of any building, structure, or land to ensure compliance with applicable standards of this DDC. A certificate of zoning compliance may also be obtained by a property owner to demonstrate the existence of a nonconformity subject to Section 1.5, Nonconformities.
B. **Applicability.** A certificate of zoning compliance shall be required prior to the use of any building, structure, or land, except that temporary uses and structures approved in accordance with Section 5.5, Temporary Uses and Structures, shall be exempt from certificate of zoning compliance requirements.
C. **Certificate of Zoning Compliance Procedure.** Figure 2.5-4 identifies the applicable steps from the common review procedures in Section 2.4 that apply to the review of a certificate of zoning compliance. Additions or modifications to the common review procedures are noted below:
**Figure 2.5-4: Summary of Certificate of Zoning Compliance Procedure**
1. **Step 1: Pre-Application Activities.**
a. **Pre-Application Conference.** A pre-application conference is optional in accordance with Subsection 2.4.3.
b. **Citizen Participation.** Not required.
2. **Step 2: Application Submittal and Processing.** The certificate of zoning compliance application shall be submitted and accepted, and may be revised or withdrawn, in accordance with Subsection 2.4.4.
3. **Step 3: Staff Review and Action.** The Director shall issue a certificate of zoning compliance when, after examination of the building, structure, landscaping, and/or other improvements or changes to the property, the Department finds that the building and site complies with the applicable provisions of this DDC and other applicable ordinances and construction codes of the city. This review shall include, but is not limited to: off-street parking, landscaping, and other development standards listed in Subchapter 7: Development Standards.
4. **Step 4: Scheduling and Notice of Public Meetings/Hearings.** Not required.
5. **Step 5: Review and Decision.** Review and decision is subject to Subsection 2.4.7.
6. **Step 6: Post-Decision Actions and Limitations.** Post-decision actions and limitations in Subsection 2.4.8 shall apply, with the following modifications:
a. **Effect of Approval.**
i. A certificate of zoning compliance authorizes establishment of a new use and/or change of occupancy of an existing property or building with any additional terms and conditions of the permit and shall be valid as long as the conditions of the building or land use permit remain in effect.
ii. The certificate of zoning compliance shall clearly state that the proposed use of a building or property complies with the provisions of this DDC.
iii. For any proposed certificate of zoning compliance requiring a building permit, a certificate of zoning compliance shall be issued at the time of permitting.
b. **Revocation of a Certificate of Use Permit.**
i. A certificate of zoning compliance may be revoked by the Director if the use of the property or building is inconsistent with the authorized use of the certificate of zoning compliance.
ii. The Director shall notify the permit holder in writing and provide 30 days from the date of the letter for the permit holder to bring the use of the property into compliance with the certificate of zoning compliance, or the permit shall be revoked.
c. **Appeal to the Zoning Board of Adjustment.** The applicant may appeal the denial, revocation, or suspension of a certificate of zoning compliance to the Zoning Board of Adjustment in accordance with Subsection 2.8.3.
#### 2.5.5 - Environmental Sensitive Areas (ESAs) Field Assessments.
A. **Purpose.** The environmentally sensitive areas (ESAs) field assessment procedure provides a mechanism for the city to confirm the presence of ESAs protected habitats and to correct any errors on the Official ESA Map.
B. **Applicability.** Field assessments are required when there is reasonable evidence that ESAs, as depicted on the Official ESA Map, may not be accurate. ESA field assessments that require map adjustment shall supersede the Official ESA Map in determining what areas of a proposed development are subject to the requirements of Section 7.4: Environmentally Sensitive Areas.
C. **ESA Field Assessment Procedure.** Figure 2.5-5 identifies the applicable steps from the common review procedures in Section 2.4 that apply to the review of ESA field assessments. Additions or modifications to the common review procedures are noted below:
**Figure 2.5-5: Summary of ESA Field Assessment Procedure**
1. **Step 1: Pre-Application Activities.**
a. Pre-Application Conference. A pre-application conference is optional in accordance with Subsection 2.4.3.
b. Citizen Participation. Not required.
2. **Step 2: Application Submittal and Processing.**
a. **Generally.**
i. The ESA field assessment application shall be submitted and accepted, and may be revised or withdrawn, in accordance with Subsection 2.4.4.
ii. The Director may require additional information deemed appropriate and necessary to process the application.
iii. An application for an ESA field assessment must be submitted and reviewed prior to or concurrently with the platting of property.
3. **Step 3: Staff Review and Action.** The Director shall review an ESA field assessment application and approve, approve with conditions, or deny the application in accordance with the general approval criteria in Subsection 2.4.5, and any specific biological, hydrological, and soil identification standards included on the ESA field assessment forms provided by the city.
4. **Step 4: Scheduling and Notice of Public Meetings/Hearings.** Not required.
5. **Step 5: Review and Decision.** Not applicable. Review and decision is by the Director under Step 3.
6. **Step 6: Post-Decision Actions and Limitations.**
a. An ESA field assessment application shall expire two years after its approval, or if the natural conditions of the ESA have been significantly altered.
b. A change in ownership of the land shall not affect the established expiration time period of an approval.
c. For purposes of this section, progress towards completion of the project is as defined in TLGC § 245.005.
d. Appeals to staff determinations shall follow the procedure in Section 2.8.3.
#### 2.5.6 - Vested Rights.
A. **Introduction and Purpose.** TLGC, Chapter 245, commonly referred to as the state's "vested rights law," provides an opportunity for persons to "freeze" or "vest" governmental regulations by filing a permit application. Other laws, such as TLGC, § 211.016, also provide certain vesting to:
1. Ensure that the city recognizes and protects all vested rights created by TLGC, Chapter 245, and other applicable laws;
2. Ensure that all vested rights are made by the city only after the city is in receipt of all information necessary to allow the city to determine whether vested rights are present; and
3. Provide a method of administrative review of vested rights.
B. **Vested Rights.** For purposes of this DDC, any person who believes that they have obtained a vested right under TLGC, Chapter 245, or other applicable vested rights law, shall submit to the Director a petition explaining the factual and legal bases upon which the person relies to support their contention that they have a particular vested right and, consequently, is exempt or not subject to a particular city order, regulation, ordinance, rule, expiration date, or other properly adopted requirement otherwise applicable to development of the petitioner's property (hereinafter referred to collectively as "regulations"). The petition shall be accompanied by an unconditional waiver of any statutory time periods or time periods established by ordinance for review of any filed applications which are the subject of the petition. The petition shall include, at a minimum, the following:
1. The name, mailing address, phone number, and fax number of the person (or the person's duly authorized agent);
2. Identification of the property for which the person claims a vested right;
3. Identification of the permit applications for which the applicant seeks relief under this DDC;
4. Identification of the "project," as that term is defined in TLGC, Chapter 245 at § 245.001(3), and the permit application, permit or development plan giving rise to the project;
5. Identification of the original application for the first permit in the series of permits required for the project, as described in TLGC, Chapter 245 at § 245.001(1) and § 245.002(a) and (b), and each subsequent permit application or permit constituting the series of permits, by type of permit and dates filed or approved by the city;
6. Identification of any exemptions under this DDC or city ordinances to which the petitioner believes are applicable to the project defined;
7. Identification of all pertinent city regulations in effect at the time the original application for the permit was filed that:
a. The Petitioner contends control the approval, disapproval, or conditional approval of the application(s) for a permit for which relief is sought, pursuant to TLGC, Chapter 245 at § 245.002(a); and
b. Identification of all current city regulations that the petitioner contends do not apply to the project due to the vested rights provided the person by TLGC, Chapter 245, or other applicable vested rights laws. Global references to a particular ordinance, statute or set of criteria, may be deemed insufficient and the city may consider the request for a vested rights to be incomplete and, hence, not subject to a staff determination at that time.
8. Identification of all current city regulations that the petitioner accepts as applicable to the project.
C. **Vested Rights.** The Director shall first determine whether the application is complete pursuant to Subsection 2.4.4: Step 2: Application Submittal and Processing. Once the application has been determined or deemed complete, the Director shall forward the vested rights petition, together with the required supporting information or documentation, to the City Manager and City Attorney for their respective reviews. Prior to rendering a final determination, the City Manager may request a pre-determination conference with the person to discuss the person's vested rights and to ensure that the nature of the claim is fully and completely understood by the City Manager. The City Manager, after consultation with the City Attorney, shall render a final administrative determination that grants the relief requested in the petition in whole or in part, or denies the requested relief in whole or in part within 30 days of the date the petition is complete. The City Manager's determination shall include a statement of the nature and scope of the project and the reasons for the decision, and shall identify those current regulations that are applicable to the project, if any, and prior existing regulations that are applicable to the project, if any.
D. **Board of Adjustment Appeal.** If the petitioner believes that the City Manager's vested rights determination is in error, the petitioner shall have the right to appeal such determination to the City's Board of Adjustment pursuant to Subsection 2.8.1: Variance, which board shall have jurisdiction to hear and decide the appeal pursuant to Subsection 2.3.4: Zoning Board of Adjustment and TLGC, Chapter 211.
E. **Criteria for Deciding Petition.** The City Manager, or the Board of Adjustment on appeal, shall decide the vested rights petition based upon the following factors:
1. Whether the city received fair notice of the project and the nature of the permit sought;
2. Whether the nature and scope of the project prevents the city from applying one or more current regulations to the proposed or pending applications;
3. Whether any prior approved applications for the property have expired or have been terminated in accordance with law;
4. Whether any statutory exception to a right asserted pursuant to TLGC, Chapter 245, is applicable to one or more current regulations;
5. Whether any exemption from one or more regulations under the DDC or city ordinances is applicable to the project; and
6. Whether the project is dormant.
F. **Binding Determination.** The City Manager's final determination, if not timely appealed to the Board of Adjustment within 15 days after the decision is rendered by the City Manager, shall be immediately filed in the city's files related to the project and the determination shall be considered binding upon the city and the petitioner for the duration of the project. If an appeal is taken to the Board of Adjustment, the Board of Adjustment's decision shall be so filed and shall supersede the decision of the City Manager. Similarly, any decision by the Board of Adjustment regarding a vested rights petition, shall be filed in the city's files related to the project and the determination shall be considered binding upon the city and the petitioner for the life of the project. The City Manager's decision, or the Board of Adjustment's decision on appeal, shall be deemed filed on the first business day following the date on which action was taken by the City Manager or Board of Adjustment. Notwithstanding the binding nature of the city's final determination, the city and petitioner may, at any time, enter into an agreement that, to the extent authorized by law, modifies the final determination and the applicable regulations to be applied to the project.
G. **Judicial Review.** Should the petitioner or city be aggrieved by or dissatisfied with the decision of the Board of Adjustment, the petitioner or city may pursue all legal remedies to appeal the decision to a court of competent jurisdiction pursuant to TLGC, Chapter 211.
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