Where in its judgement, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially injured, the city council may upon recommendation by the planning commission, in specific cases, at a regular meeting of the city council and subject to appropriate conditions and safeguards, authorize, by ordinance, a variance to the subdivision regulations in order to permit reasonable development and improvement of property where the literal enforcement of these regulations would result in an unnecessary hardship. A variance may only be granted by ordinance upon finding that such variance is in accord with the comprehensive plan of the City of Brenham and that the probable effect of such variance will not create adverse impacts in the vicinity. No written public notice shall be required prior to the granting of the variances provided for in this section, except as required by the Texas Open Meetings Law.
(Ordinance adopted 3/19/98, sec. 1)
Any person violating this chapter or any portion thereof within the city shall upon conviction be guilty of a misdemeanor and shall be fined as provided in section 1-5; any person outside of the city, but within the extraterritorial jurisdiction of the city, violating any such condition, shall be subject to civil action to require compliance, or to remove prohibited conditions. This remedy shall also be available within the city.
(Ordinance adopted 3/19/98, sec. 1)
Required fees and charges shall be paid into the general fund of the city when any map or plat is tendered to the city secretary, and each of the fees and charges shall be paid in advance, and no action of the city planning commission or any other board or agency shall be valid until the fee shall have been paid. The city secretary, deputies or assistants shall calculate the fees and charges for the filing of preliminary plats, final plat, replats, minor plats, plat vacations, plat corrections and variances in accordance with the schedule for fees and charges that shall be established by resolution of the city council from time-to-time. Fees shall be charged on all plats regardless of the action taken by the city planning commission. The subdivider shall cause a check to be made payable to the county clerk to cover all recording fees involved in finishing the platting process and have this delivered to the secretary of the planning commission.
(Ordinance adopted 3/19/98, sec. 1; Ordinance O-14-023 adopted 8/21/14)
If any section, paragraph, subdivision, clause, phrase or provision of this chapter shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this chapter as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional.
(Ordinance adopted 3/19/98, sec. 1)