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ORD 1981-18 - Off-Street Parking (2)QRDINANCE NO. 81-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, TO PROVIDE A PROCEDURE FOR OBTAINING VARIANCE FROM CERTAIN OFF STREET PARKING REQUIREMENTS; ESTABLISHING CRITERIA FOR SUCH VARIANCES; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: Chapter 12, Motor Vehicle and Traffic, Division 3, Off Street Parking and Loading, of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the adoption of a new section 12 -67 that shall read as follows: Section 12 -67. Variances. (a) The City Planning Commission may authorize a variance from these off street parking requirements when, in its opinion, undue hardship will result from requiring strict compliance. In grant- ing a variance, the Commission shall establish any condition or conditions that it deems necessary or desirable considering the public interest. (b) The Commission shall take into consideration the following factors in granting any variance: (1) the nature of the existing and proposed use of the land involved; (2) the nature of the existing and proposed use of land in the vicinity; (3) the number of persons who will reside, work at, or use the proposed building; (4) the availability of on street parking; (5) the availability of off street parking; (6) the probable effect of the variance upon traffic conditions, and upon the public health, safety, convenience and welfare of the vicinity, and any and all facts the Commission may deem relevant. (7) (c) No variance shall be granted unless the Commission finds and specifies (1) a special condition affecting the proposed building exists such that the strict application of this Division would deprive applicant of reasonable use of his land; and (2) the variance will not be detrimental to the public health, safety, and welfare or be injurious to other property in the area; and (d) No variance shall be granted (a) if a building is enlarged by 50% or more; or (2) for any building on land subdivided on or after June 27, 1972; or (3) if the proposed building remodeling or building change-in- use would increase its off street parking requirements by 50% or more; or (4) if the proposed building site contains 10,000 square feet or more. Section 2: This ordinance shall take effect immediately from and after its adoption by City Council. READ, PASSED AND APPROVED by the unanimous vote of the City Council of the City of Huntsville, Texas, on this the Will day of pâ– ARcH A. D. 1981. ATTEST: APPRO City Secre a y SCOTT B NDS, City Attorney