1987-1991959E •
NO . / -~ C
AN ORDINANCE AMENDING CHAPTER III OF ARTICLE I OF APPENDIX A OF
THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY REVISING
THE PROCEDURES, STANDARDS AND REQUIREMENTS FOR RECEIVING A
VARIANCE OR MODIFICATION OF THE PROVISIONS OF APPENDIX A; AND
PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Chapter III ("Variations") of Article I of
Appendix A of the Code of Ordinances of the City of Denton,
Texas, is amended to read as follows:
CHAPTER III. VARIANCES AND MODIFICATIONS
A. General. After receiving the recommendation of the
Planning and Zoning Commission, the City Council may,
where special or peculiar conditions would make
strict compliance with any requirement of this Code
unreasonable or impractical, grant a variance to or
modification of the requirement if it finds that all
of the following have been met:
1. Granting of the request would not violate
any master plans as defined by Appendix A-
Subdivision Regulations of the Code;
2. The special or peculiar conditions upon
which the request is based relate to the
topography, shape, or other unique
physical features of the property, which
are not generally common to other
properties.
3. The special or peculiar conditions upon
which the request is based did not result
from or was not created by the owner's or
any prior owner's action or omission.
B. Conditions. If the Council finds that a variance
or modification should be granted in accordance with
the provisions stated above, it may impose conditions
relating to the modification or variance as will, in
its judgment, substantially secure the objectives of
the standards or requirements of the Code for which
the modification or variance was granted.
C Procedures A petition for a variance or modifi-
cation of any requirement of this Code shall be
submitted in writing, in the manner specified by the
Department, at the time the preliminary plat is filed
for consideration with the Commxss~on The petition
shall set forth in detail the grounds for the variance
or modIfication The Commission's recommendation and
the Council's final dec~slon shall be made after
public hearings are held, for which the applicant and
abutting property owner's shall be g~ven prior notice
The recommendation of the Commission and the dec~slon
of the Council granting or denying the petition shall
be reduced to writing, stating the reasons therefor
No petition for the same varxance or modification
shall be resubmitted w~thln twelve months of a prior
decision thereon
SECTION II That this ordinance shall become effective
immediately upon 1ts passage and approval
ATTEST
JER~FER-~ALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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