HomeMy WebLinkAboutOrdinance No. 98-1052 ORI61N.ad.
CITY OF THE COLONY, TEXAS
ORDINANCE NO. ¢~-?tg~q"~
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
AMENDING THE CODE OF ORDINANCES, BY AMENDING
CHAPTER 6, ARTICLE VI, RELATING TO CONSTRUCTION OF
PUBLIC WORKS, 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 Engineering Design Manual and Standard Construction Details, in certain
unusual situations and circumstances; and
WHEREAS, a variance from the Engineering Design Manual and Standard Construction
Details 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 hearing and considered
the proposed amendment at its regular meeting held on July 14, 1998, and made
recommendations to the City Council for amending Chapter 6, Article VI relating to construction
of public works;
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 and made a part hereof for all purposes.
Section 3. Amendment. That Chapter 6, Article VI of the Code of Ordinances,
relating to construction of Public Works is hereby amended by adding a
variance procedure as follows:
Variance:
The Planning and Zoning Commission may consider a request for a
variance from the Engineering Design Manual and Standard Construction
Details 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 variance request the
Planning and Zoning Commission and the City Council shall consider
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 condition's of the specific property involved, a particular
hardship to the owner would result, as distinguished from a mere
inconvenience, if the strict compliance with the Engineering Design
Manual and Standard Construction Details 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 pdor owner, subsequent to the date of creation of the requirement
from which the variance is sought.
Fees:
Applicants requesting a variance from the Engineering Design Manual
and Standard Construction Details 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
y r~ C'ty df The Colony, Texas
ATTEST:
City of The Colony, Texas
AP~S. TO FORM:
City Attorney,
City of The Colony, Texas