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HomeMy WebLinkAboutORD 80-49 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING SECTION 24-3 OF CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, TEXAS, BY AMENDING SUBSECTION (8.) THEREOF RELATIVE TO CERTAIN EXCEPTIONS TO PRELIMINARY PLAT REQUIREMENTS; ADDING A NEW SECTION 24-9 TO CHAPTER 24 OF THE CODE OF ORDINANCES RELATIVE TO VARIANCES; ADDING A: :NEW. SEC^iION 24-10 OF THE CODE OF ORDINANCES RELATIVE TO THE FILING OF PRELIMINARY AND FINAL PLATS TOGETHER; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Subsection (8) of Section 24-3 of the Code of Ordinances of the City of Beaumont be amended to read as follows: (8) A preliminary plat shall not be required for the subdivision or resubdivision of a tract of land provided the following conditions exist or have been met: a) Each block and subdivided lot fronts upon a dedicated street or a private street or drive previously approved by the Planning Commission. b) Provisions have been made for all utilities, easements, and improvements, required to serve each block and lot in accordance with the requirements of this Chapter. C) The resulting lots meet the minimum lot area, width, depth, and yard regulations for the zoning district in which the property is located; and, d) Existing buildings and structures located on the lots are in compliance with the fire wall regulations of the building code . e) Plats submitted under this Section shall be submitted not less than three (3) work days prior to the Planning Commission meeting at which consideration is requested. Section 2. THAT Chapter 24 of the Code of Ordinances be amended by adding a new Section 24-9 thereto to read as follows: Section 24-9. Variances. (1) Where the Planning Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations may be served to a greater extent by an alternative proposal, it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured, provided that such variances shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the Planning Commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case 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 sur- roundings, 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 strict letter of these regulations is carried out. 2 - d) The variance will not in any significant way vary the provisions of the zoning ordinance, zoning map, or comprehensive plan. (2) In approving variances, the Planning Commis- sion may impose such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations. (3) A petition for any such variance shall be submitted in writing by the applicant at the time when the preliminary plat is filed for the consid- eration of the Planning Commission or when a final plat is filed for consideration of the Planning Commission under the terms of Section 24-3 (8) of this code. The petition shall state fully the grounds for the application and all of the facts relied upon by the applicant. Section 3. That Chapter 24 of the Code of Ordinances be amended by adding a new Section 29-10 thereto to read as follows: Section 24-10. Procedural Exceptions. A preliminary plat and a final plat may be submitted for review by the Planning Commission at the same time. Section 4 . That in any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 5. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. - 3 - Section 6. Any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1980 . Mayor - 4 -