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.
2.4 
FEES
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)