Ord 1999-061 - Laserfiche WebLink

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be gtanted a hG.ning on the matte1 before the ml1flidpal eonrtjndge, Plovided that the pelson shall file ~ithill tell da:ys after the da, the denied pClmit was made k:l1o~n to the applkant, in the oflke of the department, a ~Iitten petition leqncsting the hearing and setting fulth a bIief statement of the grounds thelcfol. Upon receipt ofth" petition the depMtment shall roIWCI1d it, along with a cop, oEtlle leMon fOI permit denial, to the mmlieipal eom1jndge, who willsct a time and place fot the hearing and gi ve the petitiOl1eI ~1itten notice thereof. At the l1eming tile petitioh~I will be given an. oppo:rtttn:ity to be he.nd and to show wh)' the refusal should be modified 01 witbdia'W11. tdJ Hearing; order. After the hearing, the judge shall issue an order in writing sustaining, modifying or withdrawing the notice refusal, which will be served as provided in subsection (a) of this section. Upon failure to comply with an order of the judge sustaining or modifying a decision thereof, the department will take whatever action necessary to enforce this article. (e) Order without notice. Whenever the municipal court judge finds that an emergency exists which requires immediate action to protect the public health or safety, the judge may, without notice or hearing, issue an order reciting the existence of the emergency. Notwithstanding any other section of this article, this order shall be effective immediately. Any person to whom the order is directed shall comply therewith immediately, but upon written petition to the city shall be afforded a hearing as soon as possible. Subsections (b) and (c) tdJ of this section shall be applicable to the hearing and the order issued thereafter. Section 50.054. Variances. (a) The planning and zoning commission may authorize a variance from the standards for mobile home parks in this article. In granting a variance. the commission may prescribe conditions that it deems necessary or desirable to the public interest. In making the findings required in this subsection. the commission will take into account the nature of the land involved. existing uses of land in the vicinity. alternatives to the standards that will achieve the purpose and intent of this article. the size and density of the proposed park. and the probable effect of the variance upon adiacent property. traffic patterns and the public health. safety. convenience and welfare in the vicinity. No variance shall be granted unless the commission makes findings based upon evidence presented to it that: ill There are unique conditions affecting the proposed mobile home 'Park that are not present or applicable to other property generally. and these conditions cause extraordinary hardship in achieving strict compliance with the standards in this article: ill The granting of the variance will not be detrimental to the public health. safety or welfare or injurious to other property in the area; ill Pecuniary hardship is not the sole or primary basis for the variance request: and 8) The variance is in harmony with the pur.pose and intent of this article and will not have the effect of nullifying the purpose and intent of this article. (b) If the commission grants a variance. these findings and any conditions prescribed by the commission will be incor.porated into the official minutes of the commission meeting. SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 3. All ordinances and resolution or parts of ordinances or resolutions in conflict with this ordinance are repealed. SECTION 4. Any person violating any provision of this ordinance commits a misdemeanor and is subj ect to the penalty provided in Section 1.015 of the San Marcos City Code upon conviction.