An ordinance adopting general rules governing and regulating the platting, subdivision and development of land: as authorized by Chapter 42, Texas Local Government Code governing platting, recording subdivision of land: providing for submitting of preliminary plats, final plats, method of procedure and information required: setting forth requirements for development and improvement of streets, alleys and ways: providing that all subdivisions within the City of Winnsboro and within the city’s extraterritorial jurisdiction shall comply with the terms and provisions of this ordinance and other applicable ordinances of the City of Winnsboro and providing a penalty.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WINNSBORO, TEXAS:
ATTACHMENTS
Attachment A - Engineers Or Surveyors StatementAttachment A-1 - Floodway Easement
1. 
To set forth the procedure and standards for submitting plats, for subdivision property, for the layout and development of lots, land and subdivisions within the corporate limits of the City of Winnsboro, Texas, and the extraterritorial jurisdiction of the City in accordance with Chapter 42, Texas Local Government Code and to guide and assist the Developer and to furnish information of standards required.
2. 
To promote the health, safety, and general welfare of the citizens of Winnsboro, Texas by controlling the location, width, and design and type of streets, storm sewers, culverts, bridges, utilities and essential service required.
(Ordinance 664-94 adopted 4/12/94; Ordinance 772-2003 adopted 5/13/03)
For the purposes of this Ordinance the following terms, phrases, words, and their derivations shall have the meaning ascribed to them in this section:
1. 
“ALLEY”: A public way which affords only a secondary means of access to property abutting thereon.
2. 
“BUILDING DEVELOPMENT’: The construction or placement on the property of any structure, portable building, or mobile home, to be occupied as a dwelling, office, storage area or other commercial or industrial use, or the improvements of the site by grading and paving.
3. 
“BUILDING SETBACK LINE”: The building setback line is the line within a property defining the minimum horizontal distance between a building and the adjacent street or property line.
4. 
“CITY”: City is the City of Winnsboro, Texas.
5. 
“CITY ENGINEER”: A Registered Professional Engineer or other qualified person duly authorized by the City of Winnsboro to fulfill the duties of the City Engineer under this Ordinance.
6. 
“COUNCIL”: The Council is the City Council of the City of Winnsboro, Texas.
7. 
“CUL-DE-SAC”: A cul-de-sac is that portion of the street right-of-way intended for use as a turnaround, or a complete street right-of-way leaving only a single means of access and terminated by a turnaround.
8. 
“EXTRATERRITORIAL JURISDICTION”: The extraterritorial jurisdiction is the unincorporated area continuous to the City limits of Winnsboro extending to limits set forth in Chapter 42, Texas Local Government Code, to which the City’s ordinance establishing rules and regulations governing plats and subdivision of land are applicable.
9. 
“FINAL PLAT”: A final plat is a plat prepared by a Registered Professional Engineer or a Registered Public Surveyor and submitted to the Planning and Zoning Commission for final approval in the manner provided for in the Ordinance, which is to be filed appropriately for record with the County Clerk of Franklin, Hopkins, or Wood Counties, Texas.
10. 
“FLOOD PLAIN”: The Flood Plain is that area determined by current engineering practice which would be inundated by stream floodwaters resulting from run-off of a storm having a one hundred year frequency of recurrence.
11. 
“FLOODWAY EASEMENT”: An easement within the flood plain as defined herein which includes a channel, plus any adjacent flood plain area that must be kept free of encroachment and obstruction in order that the 100-year frequency flood may be conveyed without increasing the flood elevation at any point on the channel by more than one foot.
12. 
“INDUSTRIAL PARK”: A development of industrial sites, whether located inside or outside the City, which if developed within the City, would be required by the Zoning Ordinance of the City of Winnsboro to be located in an Industrial District.
13. 
“LOT”: A lot is an undivided tract or parcel of land having frontage on a public street or officially approved place which is designated as a distinct and separate tract; and which is identified by a lot or tract number.
14. 
“MASTER PLAN”: The Master Plan is the Comprehensive Plan of the City of Winnsboro as it now exists or is hereafter amended or created.
15. 
“MINIMUM FINISHED FLOOD ELEVATIONS”: That mean sea level elevation above which the lowest occupied floor slab, not including garages, of any building shall be built. This elevation shall exceed the maximum surface elevation of the one hundred year flood for nearby creeks and channels at that point on the reach of said water course by at least one foot.
16. 
“OFF LOT SEWAGE”: Sewage that is disposed of by means of the City sanitary sewer system or a private sewer plant system which is approved and permitted by the Texas Department of Health of the State of Texas. Individual septic tanks with fields lines are not to be construed as off lot sewerage system.
17. 
“PAVEMENT WIDTH”: The pavement width is the portion of a street available for vehicular traffic. Where curb exists, it is the distance between the face of curbs.
18. 
“PLANNING AND ZONING COMMISSION”: The Planning and Zoning Commission of Winnsboro, Texas.
19. 
“PRELIMINARY PLAT”: A preliminary plat is a tentative plat or drawing made by a Registered Professional Engineer, professional land planner or a Registered Public Surveyor showing the entire tract proposed to be subdivided, accurately describing the entire tract, showing all proposed dimensions, adjacent property, streets, and alleys. The preliminary plat may also be a final plat in accordance with other provisions of this ordinance.
20. 
“PUBLIC RIGHT-OF-WAY”: A public right-of-way is a strip of land used or intended to be used wholly or in part as a public street, thoroughfare, alley or walkway.
21. 
“SUBDIVIDER”: A subdivider is any person or agent thereof dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein.
22. 
“SUBDIVISION”: A ‘subdivision’ as used herein shall mean the division of a tract of land into two or more lots or parcels, where the development of a new street or streets is required in order to provide ingress and egress to each separate lot or parcel, and/or extension of City infrastructure is necessary to serve any one or more of the lots or parcels.
23. 
“ZONING ORDINANCE”: The zoning ordinance of the City of Winnsboro, Texas.
Definitions not expressly prescribed herein are to be construed in accordance with customary usage in municipal planning and engineering practice.
(Ordinance 664-94 adopted 4/12/94; Ordinance 772-2003 adopted 5/13/03)
1. 
PROCEDURE AND LIMITATION:
A. 
Division of land into two or more parcels of land, each of which meet the minimum square footage, width and depth required in the Winnsboro Zoning Ordinance for the district in which the property is situated, shall be exempt from the platting requirements outlined in Section III, 1.A, unless–
a) 
Such division requires the planning or development of a new street or access easement for ingress and egress, or
b) 
The extension of City infrastructure is necessary to serve any one or more of the lots or parcels.
B. 
Division of land into parcels of two (2) acres or more shall be exempt from the platting requirements outlined in Section III, 1.A., unless such division includes the planning or development of a new street or access easement, or the extension of City-owned water or sewer mains to serve the property. [NOTE: “Exempt” as defined herein means that a developer who develops a tract within the City’s jurisdiction into plots that are two acres or more need not obtain plat approval unless new utility mains are run there or a new street or other access is opened.]
C. 
Land within an Industrial Park may be subdivided by metes and bounds unless such division includes the planning or development of a new street or access easement, or the extension of City-owned water and/or sewer mains to serve the property, in which event, platting is required as for other subdivisions. If such platting is not required, such development shall nonetheless conform to all of the rules and regulations set forth herein.
2. 
PRELIMINARY PLAT:
The original or reproducible tracing and fifteen (15) prints of a preliminary plat shall be submitted to the City Planning and Zoning Commission for tentative approval before the subdivider proceeds with final or record plat. Such preliminary plat and nonrefundable preliminary filing fee of Fifty Dollars ($50.00) plus One Dollar ($1.00) per lot (except that total preliminary filing fee shall not exceed One Hundred Twenty-Five Dollars [$125.00]) must be filed with the City Building Official at least twenty (20) days prior to the meeting of the City Planning and Zoning Commission at which approval is asked. Single tracts being subdivided into no more than four (4) lots shall pay a fee of Twenty-Five Dollars ($25.00) and no final plat fee shall be required. The plat shall be drawn to a scale of not more than one hundred (100) feet to an inch and shall contain the following information:
A. 
A title including the name of the subdivision, proposed number of lots, location by City, County, and State, developer, owner, engineer (or surveyor), name of survey, the scale, date, a north point and approximate acreage.
B. 
The boundary lines of the tract to be subdivided with courses, angles, and distances, the property lines and names of record owners of adjoining undeveloped property, warranty deed volume/page, adjoining subdivision names(s) and lot patterns, easements, building lines, buildings and lots, physical features including water courses, ravines, bridges, culverts, drain pipes, sanitary and storm sewers, water mains, utility easements or, other existing features on the property being developed and on undeveloped properties within two hundred (200) feet of the subject property.
C. 
Contours based on U.S. Coast and Geodetic Survey mean sea level elevations at intervals, as required by the City, of five (5) feet, and approximate federally designated flood hazard lines delineating the limits of the flood plain on the unimproved property as determined by a Geodetic Survey, a survey by a registered professional surveyor, or by a Registered Professional Engineer.
D. 
Location, dimension, and description of existing streets, street names, width between curbs, if paved, and alleys, within and adjacent to the property.
E. 
The location, dimension, description, and names of all proposed streets, alleys, drainage ways, open spaces, or other public ways, location, dimension and purpose of any easements or any other right-of-way, all lots, blocks and all parcels of land to be dedicated for public use including area of residential parks and other nonresidential uses.
F. 
A vicinity map showing sufficient area to properly locate the proposed subdivision in relation to schools, parks, shopping centers, thoroughfares and highways.
G. 
Approval of a preliminary plat shall expire at the end of one year if final plat has not been submitted for all or a portion of the subdivision.
H. 
Exceptions: The preceding requirements for the preliminary plat and filing fee in this section are waived if the following criteria are met and filing fee will be One Hundred Dollars ($100.00) with the Twenty-Five Dollar Fee ($25.00) for final plat eliminated:
(1) 
The subdivision is actually a resubdivision of lots previously platted and filed of record in Plat Records, Franklin, Hopkins, or Wood Counties, Texas; or all proposed lots of the subdivision abut upon an existing street of adequate width such that no additional right-of-way is required; and in either case, no construction of public streets, alleys, storm sewers, sanitary sewer, or water mains is required within or for extension to the subdivision;
(2) 
The developer first secures written permission from the City Building Official to waive the preliminary plat and proceed directly to the final plat procedure.
3. 
FINAL OR RECORD PLAT:
A. 
A final or record plat shall be prepared and submitted to the Planning and Zoning Commission along with a Twenty-Five Dollar ($25.00) final filing fee after ordered changes or alterations, if any, in the preliminary plat have been made, and after all survey work on the ground has been completed. No record plat will be considered unless a preliminary plat has first been submitted or formally waived in accordance with Section III, Paragraph 2(H). The final or record plat shall be a 24" x 36" or 24" x 18" drawn on minimum 3 mil. polyester drafting film in ink to a scale of not more than 100 feet to the inch or in such other form as prescribed by the Planning and Zoning Commission or the City Building Official. The original or a reproducible tracing and fifteen (15) prints shall be submitted to the office of the City Building Official not less than twenty (20) days prior to the meeting of the Planning and Zoning Commission at which it is to be considered. Distribution follows: Building Official (1), City Engineer (1), City File (1), Planning and Zoning Commission (5), Utilities (6), and Volunteer Fire Department (1). Such tracing in its final form approved by the Planning and Zoning Commission shall become the property of the City of Winnsboro. The final or record plat shall contain the following information:
(1) 
A title including the name of the subdivision, name of survey, the scale, date, and a north point.
(2) 
The shape and exterior boundaries of the tract subdivided, indicated by the use of distinctive or individual symbol, shall be completely and accurately determined by courses, angles and distances, and the tract shall be tied to a recognized surveyed corner described by Survey Abstract Number, and Volume and Page of Wood/Franklin County Deed Records where said corner is recorded. These boundaries shall be obtained by an accurate survey in the field.
(3) 
The names of all proposed streets.
(4) 
The dimensions of all lots, streets, alleys, and angles of intersection must be shown. The functions of all curves shall be given along the property lines of each street and alley. The blocks and lots shall be properly numbered and minimum finished floor elevations (for designated flood hazard area) superimposed on each lot.
(5) 
The boundaries and widths of easements required for the installation of various franchise utilities including but not limited to electrical power, natural gas, telephone, and television cable.
(6) 
The names of adjoining subdivisions, the lines of abutting lots, lot and block numbers, and all streets, easements, and principal lines, survey lines and corners and landmarks in the territory contiguous to the proposed subdivision shall be accurately tied to the lines of the subdivision by distances and bearings or angles. Location of all water courses and associated flood plains, ravines, bridges, culverts, drain pipes, and other existing features.
(7) 
A description of the type of all monuments set, and their location designated by a distinctive symbol.
(8) 
A certificate, shown in Attachment A, of ownership and dedication of all streets, alleys, easements, and public areas, to the public use forever, signed and acknowledged before a Notary Public by the owner of the land and placed on the face of the map.
(9) 
A statement, as shown in Attachment A-1, acknowledging the existence of flood plains on the property, and dedicating a floodway easement.
(10) 
The certificate, shown in Attachment A, of the Registered Professional Engineer or Registered Public Surveyor who surveyed, mapped, and monumented the land, which certificate shall be sworn to before a Notary Public, and shall be placed on the face of the map.
(11) 
Prerequisite to final plat approval by the Planning and Zoning Commission, all plans for construction of sewer, water, storm drainage, and paving shall be submitted for review by the City’s Engineer. Letters of consent to the platting and improvements shall be submitted by all lienholders and other parties having rightful claim of ownership to the property. Construction plans shall include a signed statement signifying the developer’s agreement to complete all improvements shown thereon.
(12) 
Following approval of the final plat, the Chairman of the Planning and Zoning Commission will sign the plat which shall then be filed by the City with the County Clerk of Franklin, Hopkins, or Wood Counties, Texas. The plat filing will be delayed upon written request of the owner.
3.1. 
NOTIFICATION REQUIREMENTS FOR CERTAIN REPLATS
(1) 
Any person wishing to revise a subdivision plat which has been previously filed for record must make application to the city council. The proposed replat shall meet all the requirements for a subdivision that may be pertinent.
(2) 
In the event the proposed replat involves property previously developed or zoned as single family or duplex residential use, the following shall be required:
(A) 
After application for a replat affecting single family or duplex property has been filed, the city secretary shall give notice of the application to be published in the official newspaper of the city at least fifteen (15) days prior to the meeting of the city council at which the application shall be considered. Such notice must include a statement of the time and place at which the city council will meet to consider the replat and to hear protests thereto at a public hearing. Additionally, written notice must be sent to all owners of property located within two hundred (200') feet of the property upon which the replat is requested. Such notice may be served by depositing said notice, properly addressed and postage paid, at the local post office.
(B) 
If twenty percent (20%) or more of the property owners to whom notice has been required to be given file a written protest of the replatting before or at the hearing, then the affirmative vote of at least three-fourths (3/4) of the city council is required to approve the replat.
3.2. 
EXCEPTION TO PLAT REQUIREMENTS[:]
The plat preparation requirements contained herein shall not be applicable in those cases where the land being divided into parts is greater than five (5) acres and each part has access and no public improvements are being dedicated.
3.3. 
DELEGATION OF APPROVAL PROCESS FOR SPECIFIC TYPES OF PLATS:
(a) 
The City Council hereby delegates authority to the city administrator to approve:
(1) 
amending plats described by Section 212.016 of the LGC;
(2) 
minor plats or replats involving four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities; or
(3) 
a replat under Section 212.0145 of the LGC that does not require the creation of any new street or the extension of municipal facilities.
(b) 
The city administrator may, for any reason, elect to present the plat for approval to the Planning and Zoning Commission.
(c) 
The city administrator shall not disapprove the plat and shall be required to refer any plat which he/she refuses to approve to the Planning and Zoning Commission within the time period specified in Section 212.009 of the LGC.
4. 
GENERAL REQUIREMENTS:
A. 
Street Arrangements: In general, streets of new subdivisions shall be in line with existing streets in adjoining subdivisions except insofar as the Master Plan, topography, requirements of traffic circulation, and other considerations make it desirable to depart from such plans. Unless otherwise approved by the Planning and Zoning Commission provisions must be made for the extension of main thoroughfares, as shown on the Master Plan of the City of Winnsboro; and secondary streets must provide free circulation within the subdivision.
B. 
Relations to Adjoining Streets and Land: The system of streets designated for the subdivision except in unusual cases, must connect with streets already dedicated in adjacent subdivision; and where no adjacent connections are platted, must in general be the reasonable projection of streets in nearest subdivided tracts, and must be continued to the boundaries of the tract subdivision.
C. 
Dead-end Streets and Cul-de-sacs: Except in unusual cases, no dead-end street will be approved unless such dead-end streets are provided to connect with future streets in adjacent land, but cul-de-sacs may be permitted where the form or contour of the land makes it difficult to plat with connecting streets. Such streets shall provide proper access to all lots and shall generally not exceed five hundred (500) feet in length, and a turnaround shall be provided at the closed end, with an outside right-of-way radius of at least sixty (60) feet. Any dead-end streets shall be clearly marked and brought to the attention of the Planning and Zoning Commission at the time of submission of the initial plat.
D. 
Reserve Strips: Reserve strips controlling access to public ways shall not be permitted.
E. 
Half Street Dedications: Half street dedications shall not be permitted unless such dedication shall:
(1) 
Complete a prior half street dedication legally platted prior to this Ordinance or:
(2) 
Be required to legally dedicate a previously traveled way bounding a side or sides of the subdivision.
F. 
Street Names: New street names shall generally be named so as to provide continuity to names of existing streets. To prevent conflict, use of identical or similar names to those in other parts of the City shall be avoided. Familiar first names shall generally not be used for street names due to theft potential.
G. 
Public Right-of-Way: Right-of-way widths shall be in conformity with the requirements of the Master Plan, and shall be of widths at least as great as the existing streets, but shall in no case be less than the widths shown in the following table:
TYPE
MINIMUM PAVING WIDTH
MINIMUM ROW WIDTH
Residential Streets
*24'–32'
60'
Alleys, Single Family Residential
15'
20'
Commercial or Collector Streets
40'
60'
Alleys, Other than Single Family Residential
20'
20'
Arterial Streets
52'–64'
80'–90'
H. 
Boundary Streets: In cases where the land proposed to be subdivided is partially or totally bounded on one or more sides by a street, way or thoroughfare having a width less than that specified in the item above, such land shall be platted so as to provide street widths specified.
I. 
Size of Lots and Blocks:
(1) 
Where off-lot sewerage is provided, each residential lot shall have an area of at least the minimum required in accordance with City of Winnsboro Zoning Ordinance.
(2) 
Where off-lot sewerage is not required or is not to be provided, the lot size shall be greater than or equal to the minimum acceptable area required by the Texas Natural Resource Conservation Commission. Septic tank systems shall serve only one individual family unit and the septic tank system shall be located on the lot on which the family unit is located.
(3) 
Building Lines: Building lines shall be shown on all lots intended for residential use of any character, and on commercial or industrial lots immediately adjoining residential areas. In all cases, building lines shall not be closer to the street line than that required by any zoning regulations applying to the property.
(4) 
Monuments: Prior to final acceptance of the paving improvements, all blocks and lot corners, curve points and angle points shall be permanently marked on the ground with 1/2-inch diameter (minimum) iron pins at least 24" in length, and sufficient data to locate them shall be shown on the final or record plat.
(Ordinance 664-94 adopted 4/12/94; Ordinance 664 adopted 4/12/94; Ordinance 772-2003 adopted 5/13/03; Ordinance 917-2014 adopted 10/14/14)
1. 
DESIGN:
All design of water and sewer utilities, paving, and/or drainage facilities within and adjacent to subdivisions of the City of Winnsboro shall be made by or under the direct supervision of a Registered Professional Engineer and the plans shall bear his seal. Design shall be in accordance with established City criteria defined in “Design Guidelines for Subdivision Improvements in the City of Winnsboro” and shall be constructed in compliance with standard details and specifications of the City of Winnsboro. Where any question arises as to the interpretation of the standards of design, the parties shall abide by the decision of the City’s Engineer.
2. 
APPROVAL:
Approval of water, sewer, paving and drainage plans by the City’s Engineer shall be prerequisite to starting construction of these improvements and developer agrees to pay all costs of approval.
3. 
CONTRACTUAL ARRANGEMENTS:
A. 
Utilities: The developer shall secure a contractor for the installation of water and sewer utilities by whatever means (bidding, negotiation, etc.) he deems appropriate. The contract terms shall rest with the parties involved except that all work must conform to the “Design Guidelines for Subdivision Improvements in the City of Winnsboro”. In no case shall permanent paving improvements be commenced until required subsurface utilities are completed.
B. 
Paving and Drainage: The developer shall secure a contractor for paving and drainage improvements by whatever means (bidding, negotiation, etc.) he deems appropriate. The contract terms shall rest with the parties involved except that all work must conform to the “Design Guidelines of the City of Winnsboro”.
4. 
BONDS:
A. 
Utilities: Contractors for all water and sewer utility improvements shall be required to furnish a maintenance bond in the amount of twenty-five percent (25%) of the contract amount. The contractor shall deposit the bond with the City Building Official in appropriate form, with a corporate surety licensed to do business by the Texas Insurance Commission, prior to the commencement of any construction. Said maintenance bond shall be in full force and effect for one (1) year from date of written acceptance by the City of the improvements.
5. 
FINANCIAL PROVISIONS:
A. 
Utilities: The developer shall bear the full cost of all water and sewer utility improvements necessary to serve the development including the costs of all off site extensions necessary to bring utility services into the property. The City may require larger lines than those required by the subdivision for long range planning and will pay the difference in cost.
B. 
Drainage: The developer shall bear full cost of all drainage structures including inlets, culverts, storm sewers, manholes, and subdrains required to carry storm drainage or groundwater on or across the property regardless of its origin. The City may, at its option, participate in the cost of drainage improvements. Participation must be approved individually on the merits of the work and the availability of funds by the City Council.
C. 
Paving: The cost of clearing, excavation, subgrade stabilization, installing curb and gutter and paving of subdivision streets shall be the sole responsibility of the developer up to and including streets 36 feet in width between curbs. The City of Winnsboro shall pay for pavement (base and surface course only) in excess of that width if such extra width is required by the City and upon approval of the City Council prior to beginning any construction of said street(s). The developer shall be responsible for the full cost of installing curb and gutter along existing public ways abutting his subdivision in one of two ways:
(1) 
Installing the curb and gutter and adjusting the existing paving to meet the new curb and gutter.
(2) 
Paying to the City the cost of curb and gutter (as determined by the City) for future construction of the improvements.
D. 
Testing and Inspection: Prior to beginning any construction, the Owner shall remit to the City of Winnsboro an amount equal to 3/4 of 1% (0.75%) of the construction contract(s) to pay for quality control testing and inspections during construction.
6. 
ENVIRONMENTAL CONSIDERATIONS.
A. 
Utilities: [Reserved.]
Editor’s note–Subsection 6.A above was amended by Ordinance 682-94, which ordinance was subsequently repealed by Ordinance 723-98. The contents of Ordinance 723-98 did not revive any language that may have existed in this subsection prior to amendment by Ordinance 682-94. For reference, the full text of the original subdivision Ordinance 664 and Ordinance 682-94 is on file in the city secretary’s office.
7. 
MINIMUM STANDARDS:
A. 
Minimum pavement width for public streets in single family residential zoning shall be thirty-two (32) feet between the inside faces of curbs on curbed and guttered streets and twenty-four (24) feet clear pavement width exclusive of shoulders on streets not curbed and guttered. Minimum pavement width of private streets shall be twenty-five (25) feet between the inside faces of the curbs or/as required by the fire codes as minimum width of fire lanes.
B. 
Curb and gutter shall be standard City of Winnsboro design and construction and shall be required in all subdivisions except residential subdivision having all lots in excess of two (2) acres of land. Such exception shall only apply if said street is a local street, not extensions of, on either or both ends, collector streets or streets proposed as such in the Master Plan.
C. 
Pavement shall be constructed in accordance with the “Design Guidelines for Subdivision Improvements in the City of Winnsboro”.
D. 
The minimum right-of-way width for public alleys shall be 20 feet. The minimum paving width shall be 15 feet in single family residential zoning. In tracts zoned for other than single family residential development, the minimum paving width shall be 20 feet. Pavement in these alleys shall consist of 6 inches of reinforced concrete (3,000 psi 5-sack mix) on a compacted subgrade.
(Ordinance 664 adopted 4/12/94; Ordinance 723-98 adopted 2/10/98)
1. 
The Planning and Zoning Commission may authorize a variance from these regulations.
2. 
A variance will not be granted unless undue hardship will result from requiring strict compliance. In granting a variance, the Planning and Zoning Commission shall prescribe only conditions that it deems necessary or desirable to the public interest, health, safety, convenience, and welfare of the City. A variance shall not be granted unless there exists a special circumstance or unique condition affecting the land involved so that the strict application of the provisions of this Ordinance would deprive the landowner of a substantial property right or a reasonable use of the land, and the variance would not be detrimental to the public health, safety, welfare and convenience, nor would be injurious to other property in the area.
3. 
The financial hardship alone is not sufficient to show “undue hardship”. Therefore, a variance from the provisions of this Ordinance shall not be granted solely because nonconformance is more profitable to the developer.
4. 
All matters pertaining to the interpretation or enforcement of rules and regulations expressed in this Ordinance shall be referred to the City Building Official for decision. The decision of the City Building Official may be appealed to the Planning and Zoning Commission upon written notice by any of the parties involved.
5. 
The Planning and Zoning Commission decisions, including granting of variances, may be appealed to the City Council upon written notice by any party.
6. 
There shall be no major difference in the interpretation of the Subdivision Ordinance for development within the City Limits and development in the extraterritorial jurisdiction.
(1997 Code, sec. 1.601)
Any person, firm, partnership, association or corporation who violates any provision of the Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not to exceed $200.00**. Each day a violation hereof continues to exist shall be deemed a separate offense.
(** In addition to the fine, State Statutes do not permit the City of Winnsboro to extend utility service or allow such extension by franchised utilities to properties not in compliance with subdivision laws of the State of Texas.)
This provision shall not apply to any violation occurring outside corporate limits of the City of Winnsboro (Chapter 42, Local Government Code).
Prosecution or conviction under this provision shall never be a bar to any other remedy or relieve for violations of this Ordinance.
(1997 Code, sec. 1.601)
Should any section, clause or provision of this Ordinance be declared by the Courts to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part so declared to be invalid.
(1997 Code, sec. 1.601)
This Ordinance shall be in full force and effect from and after the date of its passage and approval on Third and Final Reading by the City Council of the City of Winnsboro, Texas, and publication in accordance with the State Laws.
(1997 Code, sec. 1.601)