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.
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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.
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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 -
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