O-2016-3633 Ordinance Amending Chapter 86 "Development Regulations"

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under this Chapter not feasible, the Commission may grant the applicant or subdivider a waiver as to one or more requirements as long as the general purpose of this Chapter is maintained. Economic hardship shall not constitute the sole basis for granting a waiver under this section. (b) A waiver granted under the provisions of this Chapter shall only to the specific property upon which the Commission was requested to approve a plat and that such waiver shall not constitute a change of this Chapter, or any part thereof, or establish any policy, rule or regulation contrary to the provisions of this Chapter. (c) Any waiver on a recorded plat granted before the date of adoption of this Chapter is hereby recognized as continuing to be valid and compliance with the provisions of this Section shall not be required. (d) Any person desiring to secure a waiver as to the provisions of this Chapter must submit a written request with the other materials (4.00 is Sketch Plans). Any request for a waiver must cite the specific rule, policy or standard contained in this Chapter from which a waiver is desired. Additionally, the request must state the extent of the waiver sought and the specific facts or reasons why such waiver is needed (e) No waiver may be granted by the Commission unless approved by a majority vote of the members present at the meeting of the Commission at which the waiver request is presented and dmt where the Commission affirmatively finds: (1) That the waiver would not be contrary to the general purpose and goals stated in this Chapter. (2) That the waiver would not be detrimental to the public health, safety or welfare, to be injurious to adjacent property, or prevent the subdivisions or development of other land in the area in accordance with the provisions of this Chapter. (f) Such finding of the Commission, together with the specific facts upon which such findings are based shall be incorporated into the official minutes of the Commission meeting at which such waiver was granted." Section 2. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be Section 3. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. 35 Thursday, June 09, 2016