1.1 The procedure
for preliminary plat approval, final plat approval, variances, and
other approvals requiring notice and hearings is as follows:
(a) After
the submittal of a complete application, the planning and zoning commission
shall hold a public hearing concerning the application at the earliest
practicable time, at which time parties in interest and citizens shall
have an opportunity to be heard. At least fifteen (15) days’
notice of the time and place of such hearing shall be published in
a newspaper of general circulation in the City of Smithville. The
planning and zoning commission shall make a recommendation to the
City Council for approval or denial of the application.
(b) Written
notice of such public hearing [shall be] forwarded by the City Secretary
to owners (as the ownerships appear on the last approved ad valorem
tax roll of such governing body) within two hundred (200) feet of
the proposed subdivision not less than fifteen (15) days prior to
the date of such hearing. Such notice may be served by depositing
the same, properly addressed and postage paid, in a post office within
the City. For replats or resubdivisions, written notice shall be sent
to owners of all lots in the immediate preceding subdivision plat
provided, however, that if such immediate preceding subdivision plat
shall contain more than one hundred (100) lots, such notice shall
be mailed only to those owners of lots which are located within two
hundred (200) feet of the lot or lots which are sought to be replatted
or resubdivided.
(c) After
the planning and zoning commission has made its recommendation to
the City Council, the City Council shall hold a public hearing concerning
the application at the earliest practicable time, at which time parties
in interest and citizens shall have an opportunity to be heard. At
least fifteen (15) days’ notice of the time and place of such
hearing shall be published in a newspaper of general circulation in
the City of Smithville.
1.2 If a protest
against an application is signed by the owners of twenty (20) percent
or more of either the area of lots included in such proposed action
or of those immediately adjacent to or within two hundred (200) feet
of such lots, such action shall not become effective except by the
favorable vote of three-fourths (3/4) of all members of the City Council.
(Ordinance 9802-311 adopted 2/18/98)
2.1 In specific
cases and after receiving a recommendation from the planning and zoning
commission as per Section 1 above, the City Council may authorize
by permit a variation of the application of the minimum standards
herein established in harmony with their general purpose and intent.
2.2 CONSIDERATIONS
BY THE CITY COUNCIL:
(a) The
City Council may authorize a variance from these regulations when,
it [in] its opinion, undue hardship will result from requiring strict
compliance.
(b) In
granting a variance, the City Council shall prescribe only conditions
that it deems necessary to or desirable in the public interest.
(c) In
making the findings hereinbelow required, the City Council shall take
into account the nature of the proposed use of the land involved,
existing uses of land in the vicinity, the number of persons who will
reside or work in the proposed subdivision, and the probable effect
of such variance upon traffic conditions and upon the public health,
safety, and general welfare in the vicinity.
(d) Variances
may be granted only when in harmony with the general purpose and intent
of this Ordinance so that the public health, safety, and welfare may
be secured and substantial justice be done. Pecuniary hardship to
the subdivider, standing alone, shall not be deemed to constitute
undue hardship.
2.3 CRITERIA
FOR GRANTING A VARIANCE
No variance shall be granted unless the City Council finds that:
(a) There
are special circumstances or conditions affecting the land involved,
such that the strict application of the provisions of this Ordinance
would deprive the applicant of the reasonable use of his land; and
(b) The
variance is necessary for the preservation and enjoyment of a substantial
property right of the applicant; and
(c) The
granting of the variance will not be detrimental to the public health,
safety or welfare, or injurious to other property in the area; and
(d) The
granting of the variance will not have the effect of preventing the
orderly subdivision of other land in the area in accordance with the
provisions of this Ordinance.
Such findings of the City Council, together with the specific
facts upon which such findings are based, shall be incorporated into
the official minutes of the City Council meeting at which such variance
is granted.
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Each request for variances shall be accompanied by a fee consistent
with the City’s current schedule of fees.
(Ordinance 9802-311 adopted 2/18/98)
3.1 Appeals
from action of the City Council: Any person or persons, jointly or
severally, aggrieved by any decision of the City Council or any taxpayer
or any officer, department, board or bureau of the municipality may
present to a court of record a petition duly verified, setting forth
that such decision is illegal, in whole or in part, specifying the
grounds of the illegality. Such petition shall be presented to the
court within ten (10) days after the filing of the decision at City
hall.
3.2 Upon presentation
of such petition the court may allow a writ of certiorari directed
to the City Council and shall prescribe therein the time within which
a return thereto must be made and serve[d] upon the realtor’s
[relator’s] attorney, which shall not be less than ten (10)
days and may be extended by the court. The allowance of the writ shall
not stay proceedings upon the decision appealed from, but the court
may, on application, on notice to the City Council and on due cause
shown, grant a restraining order.
3.3 The City
Council shall not be required to return the original papers acted
upon by it, but it shall be sufficient to return certified or sworn
copies thereof or of such portions thereof as may be called for by
such writ. The return shall concisely set forth such other facts as
may be pertinent and material to show the grounds of the decision
appealed from and shall be verified.
3.4 If, upon
the hearing, it shall appear to the court that testimony is necessary
for the proper disposition of the matter, it may take evidence or
appoint a referee to take such evidence as it may direct and report
the same to the court with its findings of fact and conclusions of
law, which shall constitute a part of the proceedings upon which the
determination of the court shall be made. The court may reverse or
affirm wholly or partly, or may modify the decision brought up for
review.
3.5 Costs
shall not be allowed against the council unless it shall appear to
the court that it acted with gross negligence or in bad faith, or
with malice in making the decision appealed from.
(Ordinance 9802-311 adopted 2/18/98)
The City Council of the City of Smithville reserves the right
to revise these rules and regulations, make changes, or waive said
rules without prior notice to the general public.
(Ordinance 9802-311 adopted 2/18/98)
Any violation of any of the terms of this Chapter, whether herein
denominated as unlawful or not, shall be deemed a misdemeanor, and
any person convicted of such violation shall be fined in a sum not
exceeding two hundred dollars ($200.00), any natural person so convicted
shall be committed to jail until such fine and costs are paid, or
otherwise lawfully discharged. Each day of the continuance of such
violation shall be considered a separate offense and be punished separately;
and any person, agent, or employee engaged in any such violation shall
on conviction be so punished therefor.
(Ordinance 9802-311 adopted 2/18/98)
If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be unconstitutional, void, or
invalid, the validity of the remaining portions of this Ordinance
shall not be affected thereby, it being the intent of the City Council
in adopting this Ordinance that no portion thereof, or provision or
regulation contained herein shall become inoperative or fail by reason
of the unconstitutionality or invalidity of any section, subsection,
sentence, clause, phrase, or provision of this Ordinance.
(Ordinance 9802-311 adopted 2/18/98)
This Ordinance shall become effective ten (10) days from and
after the date of its approval, adoption, and publication as provided
by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City
of Smithville, Texas, by majority on the 18th day of February, 1998,
at a public meeting for which a notice, as required by law, was posted
and the consideration of this Subdivision Ordinance listed as an item
on such notice.
(Ordinance 9802-311 adopted 2/18/98)