HomeMy WebLinkAboutOrdinance No. 98-1053 0RI( INAL
CITY OF THE COLONY, TEXAS
ORDINANCE NO ~-//F_-)~'~
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
AMENDING THE SUBDIVISION ORDINANCE OF THE CITY,
THE SAME BEING APPENDIX B- SUBDIVISION, OF THE
CITY'S CODE OF ORDINANCES, AS AMENDED, BY
PROVIDING FOR A VARIANCE PROCEDURE; PROVIDING
· FOR APPLICABLE FEES AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of The Colony recognizes the need for some mechanism to provide
relief from the subdivision regulations in unusual situations and circumstances; and
WHEREAS, a variance from the subdivision regulations should never be granted for the
applicant's convenience or for purposes of expediency; and
WHEREAS, The City of The Colony recognizes that the need for a variance may not be
apparent at the time of platting and therefore applications for relief may be made after plat
approval; and
WHEREAS, the Planning and Zoning Commission held a public headng and considered
the proposed amendment at its regular meeting held on July 14, 1998 and made
recommendations to the City Council for amending Appendix "B", Subdivision;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS:
Section 1. Incorporation of premises. The above and foregoing premises are true
and correct and are incorporated herein ~nd made a part hereof for all purposes.
Section 3. Amendment. That Appendix B- Subdivision, of the City's Code of
Ordinances is hereby amended by adding a vadance procedure as
follows:
Vadance:
The Planning and Zoning Commission may consider a request for a
variance from the subdivision ordinance of the City of The Colony and
forward a recommendation to the City Council for its review. The
decision of the City Council on a request for a variance shall be final. In
considering a vadance request the Planning and Zoning Commission
and the City Council shall conside'r whether or not the evidence
presented in each specific case is sufficient to show that:
(a) The granting of the variance will not be detrimental to the public
safety, health, or welfare or injurious to other property;
(b) The conditions upon which the request for a variance is based are
unique to the property for which the variance is sought and are not
applicable generally to other property;
(c) Because of the particular physical surroundings, shape or
topographical conditions of the specific property involved, a particular
hardship to the owner would result, as distinguished from a mere
inconvenience, if the stdct compliance with the subdivision ordinance is
required;
(d) The special or peculiar conditions upon which the request is based did
not result from or were not created by the act or omission of the owner or
any prior owner, subsequent to the date of creation of the requirement
from which the variance is sought.
Fees:
Applicants requesting a vadance from the Subdivision Ordinance shall file
an application with the Planning Department. Fees charged shall be in
accordance with a schedule of fees as adopted by the City Council and
amended from time to time.
Section 4. Penalty. It shall be unlawful for any person to violate any provision of this
Ordinance, and any person violating or failing to comply with any provision hereof shall be
fined, upon conviction, in an amount not more than five hundred dollars ($500.00), and a
separate offense shall be deemed committed each day during or on which a violation occurs or
continues.
-* Section 5. Severability. The sections, paragraphs, sentences, phrases, clauses and
words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause
or word in this Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this Ordinance, and the City Council hereby declares that it would
have passed such remaining Portions of this Ordinance despite such invalidity, which remaining
portions shall remain in full forCe and 'effect.
Section 6. Effective date. This Ordinance shall become effective from and after its
date of adoption.and publication as provided by law.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas this the
U~yor, (~ of The Colony, Texas
City Secretary, AP,,~/~ED AS TO FORM:
City of The Colony, Texas
City Attorney,
City of The Colony, Texas