The regulations, restrictions, classifications,
and boundaries set forth in this chapter may from time to time be
amended, supplanted, modified, or repealed by the Town Council. The
reclassification of any property and the relocation of zone boundaries
shall be deemed an amendment to this chapter and subject to the provisions
of this article.
Proposals for amending this chapter's
text may be made by any interested person or governmental agency.
Proposals for amendment of the Official Town Zoning Maps may be filed
by any governmental agency or by a person with a committed financial,
contractual, or proprietary interest in the property to be affected
by the proposed amendment.
A.
Any officially filed amendment or other
change shall first be referred by the Town Council to the Planning
Commission for an investigation and recommendation. The Planning Commission
or planning staff shall cause such investigation to be made as it
deems necessary, and for the purpose may require submission of pertinent
information by any person concerned, and may hold such informal public
hearings as are appropriate in its judgment.
B.
The Planning Commission submits its recommendation
and pertinent supporting information to the Town Council within 60
days, unless an extension of time is granted by the Town Council.
C.
After receiving the recommendations of
the Planning Commission concerning a proposal for amendment to this
chapter's text, the Town Council shall determine whether or not said
proposal is suitable to warrant the introduction of legislation, and
to that end may conduct any informal hearings as in its sole discretion
it deems appropriate.
D.
Upon introduction of legislation, the Town Council shall hold a public hearing in reference thereto and shall give public notice of such hearings in accordance with the provisions of Article XXI of this chapter.
E.
After receiving the recommendations of the Planning Commission concerning any proposal for amendment of the Official Zoning Maps and before adoption or denial of same, the Town Council shall introduce legislation for the proposed change and hold a public hearing in reference thereto in order that parties of interest and citizens shall have an opportunity to be heard. The Town Council shall give public notice of such hearing in accordance with the provisions of Article XXI hereof.
F.
Regardless of amendment type, a complete
record of the hearing, and the votes of all members of the Town Council
in deciding all questions relating to the proposed amendment, shall
be kept.
G.
Upon passage of a text amendment to this
chapter, the affected page(s) may be removed from the ordinance and
page(s) containing the amended language inserted and footnoted. A
list of amendments shall be maintained with appropriate dates at the
end of this chapter.[1]
[1]
Editor's Note: Amendments are noted throughout
this chapter where applicable.
The Town Council shall not approve
or disapprove any application for the reclassification of land unless
and until a visit to the site in question has been made by at least
a majority of the Town Council members in order to inspect the physical
features of the property and to determine the character of the surrounding
area. However, notwithstanding the provisions of this section, application
for a map amendment shall be decided upon the basis of the evidence
of record. Such site visit shall not be required for sectional or
comprehensive reclassification.
A.
Where the purpose and effect of the proposed
amendment is to change the zoning classification of property, the
Town Council shall make findings of fact in each specific case, including
but not limited to the following matters: population change, availability
of public facilities, present and future transportation patterns,
compatibility with existing and proposed development, the recommendation
of the Planning Commission and consistency with the Town's Comprehensive
Plan. The Town Council may grant the reclassification based upon a
finding that there was a substantial change in the character of the
neighborhood where the property is located, or that there is a mistake
in the existing zoning classification and that a change in zoning
would be more desirable in terms of the objectives of the Town of
Denton Comprehensive Plan.
B.
The fact that an application for reclassification
complies with all of the specific requirements and purposes set forth
in this chapter shall not be deemed to create a presumption that the
proposed reclassification and resulting development would in fact
be compatible with surrounding land uses and is not, in itself, sufficient
to require the granting of the application.
Every application for a reclassification
shall be accompanied by a plat drawn to scale showing the existing
and proposed boundaries and other information as the Planning Commission
may need in order to locate and plot the amendment on the Official
Zoning Map. Such plat shall not be required for sectional or comprehensive
reclassification.
A filing fee in an amount which shall
be determined by the Town Council shall be charged for processing
an application for reclassification.
A.
No application for reclassification shall
be accepted for filing by the Town Council if the application is for
the reclassification of the whole or any part of land for which the
Town Council has denied reclassification within 12 months from the
date of the decision of the Town Council.
B.
However, the Town Council may allow an
applicant to withdraw an application for a map amendment at any time,
provided that, if the request for withdrawal is made after publication
of the notice of hearing, no applications for reclassification of
all or any part of the land which is subject of the application shall
be allowed within 12 months following the date of the resolution of
the Town Council approving such withdrawal, unless, by the resolution
allowing withdrawal or subsequent resolution, the Council specifies
that the time limitation shall not apply.
It shall be the duty of the Director
of Planning to change the Official Zoning Maps forthwith upon the
adoption of any amendments, in order that said maps shall always be
an up-to-date public record of the zones in the Town. Official Zoning
Maps require the signature of Town Council Members and the Town Administrator.
A.
Amending the Critical Area boundary, land
use management classifications and program.
(1)
The Town Council may from time to
time amend the land use management area classification of properties
in the Critical Area District.
(2)
In addition, the Town Council shall
complete a comprehensive review and propose any necessary amendments,
as required, to the Critical Area Program at least every four years.
The Town Council Comprehensive Review Report to the Critical Area
Commission shall be in accordance with Subtitle 18, § 8-1809(g)
and (h) of the Critical Area Law.
(3)
All such amendments shall also be
approved by the Critical Area Commission for the Chesapeake and Atlantic
Coastal Bays (Critical Area Commission) subsequent to the Town Council
approval as established in § 8-1803 of the Critical Area
Law, Subtitle 18. Standards for Critical Area Commission approval
of proposed amendments are as set forth in the Critical Area Law,
Subtitle 18, § 8-1809(j), as revised July 1, 1990. The Critical
Area Commission process for approval of proposed amendments are as
set forth in the Critical Area Law, Subtitle 18, § 8-1809(d),
as revised July 1, 1990.
B.
Application for land use management classification
or Critical Area Program amendment shall be processed as any other
proposed amendment to this chapter and are subject to the Critical
Area Commission approval. Notification shall be made to the Critical
Area Commission prior to Town Council public hearing.
C.
Requirements for amendments:
(1)
Land use management classification.
When considering a proposed change of land use management classification,
i.e., Intensely Developed Area (IDA), Limited Development Area (LDA),
or Resource Conservation Area (RCA), the Town Council shall not approve
amendments unless it is found that there was a mistake in the original
classification, or the site will be granted the Growth Allocation
(GA) Floating Zone District classification.
(2)
Adding land to the Critical Area
District.
(a)
The Town Council may amend the Critical
Area boundary to add land to the Critical Area District, including
land areas for which property owners have requested such an amendment,
provided that:
[1]
It is documented that the benefits
from the additional resource protection afforded the area exceed the
negative impact of any additional development allowed and that provisions
are proposed to ensure the continuance of these benefits.
[2]
The proposal is supported by competent
and material evidence on its benefits for resource protection.
[3]
The proposal clearly improves resource
protection on primarily undeveloped land.
[4]
The extended area is added as a Resource
Conservation Area (RCA), and any proposed development meets all RCA
requirements.
(b)
Any land or portion added to the
Critical Area District under these provisions that has been combined
with adjacent Critical Area lands for the purpose of increasing the
number of dwelling units that may be placed on the adjacent Critical
Area parcel may not be subsequently deleted from the Critical Area
District.
A.
Designation of floating zone.
(1)
The Growth Allocation (GA) District
shall be a floating zone.
[Amended 3-3-2022 by Ord. No. 728, effective 3-13-2022]
(2)
The Growth Allocation (GA) District
provides for changing the land management classification of Resource
Conservation Areas (RCAs) and Limited Development Areas (LDAs) in
the Critical Area District. The GA District shall only be permitted
on sites or portions of sites that have been awarded reclassification
through the growth allocation process. These are approved land management
classification changes, adopted by the Town Council as an amendment
to the Denton Critical Area Program and Official Maps.
C.
The following policies shall apply to the
location and the extent of future Intensely Developed Areas and Limited
Development Areas in the Critical Area:
[Amended 3-3-2022 by Ord. No. 728, effective 3-13-2022; 8-4-2022 by Ord. No. 735; effective 8-14-2022]
(1)
New IDAs shall be located in existing
LDAs or adjacent to existing IDAs;
(2)
New LDAs shall be located adjacent
to existing IDAs or LDAs;
(3)
No more than one-half of the allocated expansion may be located in RCAs except as provided in § 128-37C(9);
(4)
New IDAs and LDAs shall be located
in order to minimize impacts to habitat protection areas and in a
manner that optimizes benefits to water quality;
(5)
New IDAs shall be located where they
minimize impacts to the defined land uses of any RCAs;
(6)
New IDAs or LDAs located in the RCA
shall conform to all criteria of Denton's Critical Area Program for
LDAs or IDAs;
(7)
New Intensely Developed Areas and
Limited Development Areas in the Resource Conservation Area shall
be located at least 300 feet beyond the landward edge of tidal waters
or tidal wetlands, unless the Town proposes and the Commission approves
alternative measures for enhancement of water quality and habitat
that provides greater benefit to the resources; and
(8)
When a RCA is converted to a LDA
or IDA or a LDA is converted to an IDA, the developer shall be required
to cluster the development, as per the applicable performance standards
of this Chapter, and provide for resource enhancement in the design
of such development.
D.
The following are the procedures for accounting
for growth allocation acres:
(1)
Subdivision of any parcel of land
that was recorded as of December 1, 1985, and classified as RCA or
LDA, where all or part of the parcel is classified by Denton as a
Growth Allocation Floating Zone, shall result in the acreage of the
entire parcel, not in tidal wetlands, counting against the Denton
growth allocation, unless the following conditions are met:
(a)
On qualifying parcels as described
below, on which a change in classifications is approved, a development
envelope shall be specified, the acreage of which will be counted
against the Town's growth allocation.
(b)
The envelope shall include individually
owned lots, any required buffers, impervious surfaces, utilities,
stormwater management measures, on-site sewage disposal measures,
any areas subject to human use such as active recreation areas, and
any additional acreage needed to meet the development requirements
of the criteria.
(2)
The remainder of the parcel will
not count against the Town's growth allocation if it is contiguous
and at least 20 acres in size, retained its natural features or its
use by resource utilization activities (agriculture, forestry, fisheries
activities, or aquaculture) and is restricted from future subdivision
and/or development through restrictive covenants, conservation easements,
or other protective measures approved by the Critical Area Commission.
A forest management plan is required for any forested areas in the
undeveloped portion of the parcel. Reforestation shall be accomplished
on lands abandoned from agriculture. Parcels of land that qualify
for application of the above guidelines are the following:
(a)
Those parcels designated as new IDAs
which are located within a LDA or adjacent to an existing IDA, and
where the development on the parcel is located at least 300 feet from
the edge of tidal waters, tidal wetlands or tributary streams, provided
that such designation:
(b)
Those parcels designated as new LDAs which are located adjacent to existing LDAs or IDAs and where the development on the parcel is located at least 300 feet from the edge of tidal waters, tidal wetlands, or tributary streams, provided that such designation conforms to the requirements of Subsection D(2)(a)[1] through [3] above.
A.
Zoning amendment petitions for one of the floating zone classifications shall be subject to a different set of criteria than those outlined above. Floating zone requests shall be reviewed under the provisions relating to planned developments, §§ 128-84 and 128-30. The provisions of this article regarding the procedures and requirements of public hearings shall apply except that it shall not be necessary to prove a change in the character of the neighborhood or mistake in the original zoning of the property in order to gain approval. In floating zones, the test for approval or denial shall be compatibility with the neighborhood and consistency with the Comprehensive Plan.
B.
Procedures to maintain a floating rezoning
once granted.
[Amended 3-3-2022 by Ord. No. 728, effective 3-13-2022]
(1)
Within one (1) year of the granting
of the original floating rezoning or any amendment to it, applications
for building permits must be filed with requisite fees paid. Otherwise,
such zoning or Critical Area land use management classification shall
revert automatically to its prior classification without notice and
public hearing.
(2)
Within one (1) year of a building
permit issuance, construction shall be commenced on the land so zoned
or reclassified. Otherwise, such zoning or Critical Area land use
management classification shall revert automatically to its prior
classification without notice and public hearing unless extended by
the Town Council.
(3)
Within three (3) years of granting
a floating rezoning, 75% of the public improvements required for such
use or uses in the zoning district or Critical Area land use management
classification area shall be completed. Otherwise, the zoning or Critical
Area land use management classification reverts automatically to its
prior classification. The Town Council, at the request of the owner,
may grant an extension of this requirement unless extended by the
Town Council.
