The board of commissioners is hereby authorized to promulgate, or to have promulgated, and to file for public record and use rules, regulations, standards and specifications for the construction, installation, design, location and arrangement of streets, curbs, streetlights, street signs, alleys, utility layouts, utility easements, gates for utility easements, sidewalks, water supply and water distribution systems, fire hydrants, sewage disposal systems, septic tanks, water wells, monuments, criteria for drainage easement requirements, drainage facilities and crosswalk ways. Such rules, regulations, standards and specifications may be amended, from time to time; provided, that an amendment must be appropriately approved by the governing body. No such rules, regulations, standards and specifications shall conflict with this title or any other ordinance of the city. All such improvements shall be constructed, installed, designed, located and arranged by the subdivider in accordance with such rules, regulations, standards and specifications. (Ord. 90-02, 6-5-1990)
A. The planning and zoning commission may recommend and the governing body may authorize a variance from this title when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the governing body shall prescribe only conditions that it deems necessary or desirable in the public interest. In making the findings required herein, the planning and zoning commission and governing body 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, convenience and welfare in the vicinity.
B. No variance shall be granted unless it is found that:
1. There are special circumstances or conditions, including unique topography, affecting the land involved such that the strict application of the provisions of this title would deprive the applicant of the reasonable use of his land;
2. The variance is necessary for the preservation and enjoyment of the legal property rights of its owner;
3. The purposes and intent of this title are observed;
4. There is no increase in the flood hazard or flood damage potential;
5. The granting of the variance will not be detrimental to the public health, safety or welfare or injurious to the legal rights to other property in the area; and
6. The granting of the variance will not prevent the orderly subdivision of other land in the area in accordance with the provisions of this title. Such findings, together with the specific facts upon which such findings are based shall be incorporated into the official minutes of the governing body’s meeting at which such variance is granted. A variance may be granted only when in harmony with the general purpose and intent of this title so that the public health, safety and welfare may be secured and substantial justice done. Financial hardship to the subdivider, standing alone, shall not constitute undue hardship.
C. There shall be a fee paid in order for the City of Alamo to consider processing variances. The fee shall be determined by the Planning Department dependent on the estimated time for staff to research and prepare/present the resulting write-up/summary. Should there be more than one variance requested, then the fee shall be incurred for each variance being sought. No variance shall be considered unless the correlating fees are paid. The variance processing fee shall be as follows:
Type A | $50 | incidental need to vary; minimal research, etc. |
Type B | $150 | minor/moderate research, etc. |
Type C | $250 | intense research/seek precedence-records, etc. |
Multi-page research summary report, etc. |
(Ord. 90-02, 6-5-1990; amd. Ord. 118-8-2024, 8-20-2024)
The city will withhold all city improvements of whatsoever nature, including the maintenance of streets and the furnishing of water and sewer services, the platting of which has not been approved by the city or in which the construction of required improvements does not comply with these regulations. (Ord. 90-02, 6-5-1990)
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