2003-025-ORD AMENDING SECTION XVI CHANGES AND VARIATIONS AS CONTAINED IN ORDINANCE NO 1315
ORDINANCE NO. 2003-025
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AMENDING SECTION XVI, CHANGES AND
VARIATIONS, AS CONTAINED IN ORDINANCE NO. 1315, AS
AMENDED, THE CITY SUBDIVISION ORDINANCE, TO REVISE THE
LANGUAGE IN SUBSECTION (B) THEREOF TO PROVIDE FOR THE
CITY COUNCIL, IN THE EVENT THE PLANNING AND ZONING
COMMISSION HAS FAILED TO APPROVE A REQUEST FOR A
SUSPENSION OR VARIATION FROM ONE OR MORE SUBDIVISION
REGULATIONS, TO GRANT SAID SUSPENSION OR VARIATION UPON
A THREE-FOURTHS (3/4) VOTE OF ALL COUNCIL MEMBERS;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Section XVI of Ordinance No. 1315, as amended, the Subdivision
Regulations of the City of Paris, at subsection (B), provides a process for suspending or varying
the Subdivision Regulations upon certain fmdings thereof and a vote for recommendation of said
suspension by both the Planning and Zoning Commission and the City Council; and,
WHEREAS, the City Council of the City of Paris desires to amend said Section XVI (B)
to authorize the City Council to overrule the Planning and Zoning Commission's denial of a
suspension or variation from said Regulations, and grant said suspension or variation upon a three-
fourths (3/4) vote in favor thereof by all members of the City Council; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all
things approved.
Section 2. That Section XVI, Changes and Variations, of Ordinance No. 1315, as
amended, the Subdivision Regulations of the City of Paris, Paris, Texas, is hereby amended to
read as follows:
"Section XVI. Changes and Variations
"(A)
"(B) A suspension from or a variation of any of these rules and regulations may
be recommended by the commission, upon a showing by the owner or developer
that there are special circumstances or conditions affecting the property in question;
that enforcement of the provisions of this ordinance will deprive the applicant of
a substantial property right; and that such suspension, if granted, will not be
materially detrimental to the public welfare or injurious to other property or
property rights in the vicinity. Upon recommendation of a suspension of any of
these rules and regulations by the commission, the city council may, upon fmding
that there are special circumstances or conditions affecting the property in question;
that enforcement of the provisions of this ordinance will deprive the applicant of
a substantial property right; and that such suspension, if granted, will not be
materially detrimental to the public welfare or injurious to other property or
property rights in the vicinity, grant a suspension of any of these rules and
regulations. In the event the commission, upon a request of the owner or
developer, and following consideration of same as provided herein, denies a
suspension or variation from one or more of these rules and regulations, the city
council may, upon the proper fmdings as stated herein, and upon the affirmative
vote of at least three-fourths (3/4) of all members, overrule the commission's denial
and grant the requested suspension or variance. Under no circumstances shall the
city council reverse the action of the commission in denying approval of a final
plat."
Section 3. That this ordinance shall be effective from and after its date of passage.
PASSED AND APPROVED this 16th day of June, 2003.O
ATTEST:
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Mattie Cunningham, City Clerk
APPROVED AS TO FORM: