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(A) Filing fee. A filing fee in an amount as set by City Council and maintained in the city's master fee schedule shall be collected by the City Secretary, or a designated representative, when any site plan is tendered to the city for consideration. The fee shall be paid in advance and no action of the city shall be valid until the fees, herein provided, shall have been paid.
(B) Plan review and inspection fee.
(1) A fee in an amount or calculation as set by the City Council and maintained in the city's master fee schedule for the proposed development as approved by the city, shall be paid to the city before the city approves the commencement of the construction of the improvements.
(2) Actual cost shall not exceed the actual cost to the city for review, and inspection.
(C) Approval. No development will be approved or building permit issued by the city until all fees have been paid to the city.
(Ord. 4-4-02, passed 4-4-2002; Ord. 05-19-2020-MASTER, passed 5-19-2020)
(A) The City Council may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Council shall prescribe only conditions that it deems necessary or desirable to the public interest in making the findings herein below required. The Council shall take into account the nature of the proposed usage of land involved, the existing usage of the land in the vicinity, the number of persons who will reside or work in the proposed development, and the probable effect of the variances upon traffic conditions and upon the public health, safety, convenience and welfare of individuals in the vicinity. No variance will be granted unless the Council finds the following:
(1) There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land;
(2) The variances are necessary for the preservation and enjoyment of a substantial property right of the applicant, and that the granting of the variance will not be detrimental to the public health, safety or welfare of individuals, or injurious to other properties in the area;
(3) The granting of the variance will not have the effect of preventing the orderly development of other lands in the area in accordance with the provisions of this chapter; and
(4) The Council may not authorize a variance that would constitute a violation of any other valid ordinance of the city.
(B) Findings of the Council, together with the specific facts upon which the findings are based, shall be incorporated in the official minutes of the Council meeting at which the variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this chapter so that the general health, safety and welfare of citizens may be secured, and substantial justice be done. Pecuniary hardship to the developer, standing alone, shall not be deemed to constitute undue hardship.
(Ord. 4-4-02, passed 4-4-2002)
(A) All ordinances, or parts of ordinances with the exception of the Building Code and comprehensive Zoning Code of the city, which are inconsistent or in conflict with any of the provisions of this chapter be, and the same are, hereby repealed.
(B) Where the Building Code or Zoning Code of the city contain regulations which are more restrictive than the regulations contained herein, the ordinances which are most restrictive shall control.
(Ord. 4-4-02, passed 4-4-2002)
Site plans which have received preliminary approval by the Council within one year prior to the effective date of this chapter shall be excepted from the requirements of this chapter; provided that the site plan of the development is approved and filed for record within 180 days after the effective date of this chapter, or within one year after the approval date of the site plan, whichever is greater.
(Ord. 4-4-02, passed 4-4-2002)
(A) Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and, upon conviction, shall be subject to a fine of not more than $500 per offense. Each transaction in violation of any of the provisions hereof shall be deemed a separate offense.
(B) Any person who shall violate any of the provisions of this chapter, or who shall fail to comply with any of the provisions hereof, within the extra-territorial jurisdiction of the city, shall be filed in District Court, as provided for in the Texas Local Government Code, with the purpose of restraining and enjoining the violation of this chapter. In addition, city-owned utilities will not be extended into the development until the provisions of this chapter are complied with.
(Ord. 4-4-02, passed 4-4-2002)