1995-194variance.ord
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 34-6 OF
THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO MODIFY THE
CRITERIA TO BE APPLIED BY THE PLANNING & ZONING COMMISSION IN
GRANTING HARDSHIP VARIANCES FROM DEVELOPMENT EXACTIONS; PROVIDING
A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Planning & Zoning Commission of the City of
Denton, Texas has expressed concern that criterion (5) of subsec-
tion (a) of Section 34-6 of the Code of Ordinances of the City of
Denton, Texas is, if strictly construed, virtually impossible to
satisfy, and, if tempered by reasoned judgment in its application,
is subject to inconsistent application; and
WHEREAS, the Planning & Zoning Commission of the City of
Denton, Texas at its July 12, 1995 meeting recommended a modifica-
tion to this criterion which they believe would be more logically
determinate than the criterion it would replace, as well as more in
keeping with the purposes of serving substantial justice and the
public interest as expressed in the main body of subsection (a) of
said Section; and
WHEREAS, the Council of the City of Denton, Texas concurs with
the conclusions of the Planning & Zoning Commission of the City of
Denton, Texas in these respects; NOW, THEREFORE,
THE COIINCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That subsection (a) (5) of section 34-6 of the Code
of Ordinances of the City of Denton, Texas is hereby amended to
read as follows; all provisions of section 34-6 not specifically
changed herein shall remain intact:
Sec. 34-6. Variances and modifications.
(a) General. [text unchanged]
(1) [text unchanged]
(2) [text unchanged]
(3) [text unchanged]
(4) [text unchanged]
(5) The special or peculiar conditions upon
which the request is based did not result
from or were not created by the act or
omission of the owner or any prior owner,
subsequent to the date of creation of the
requirement from which a variance is
sought.
(b) [text unchanged]
(c) [text unchanged]
(d) [text unchanged]
SECTION II. That if any section, subsection, paragraph, sen-
tence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the va-
lidity of the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the ~day of ~ , 1995.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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