Ordinance No. 1,301ORDINANCE NO. 1301
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN,
TEXAS BY THE AMENDMENT OF CHAPTER 27, "SUBDIVISIONS ", BY THE ADDITION
OF A NEW SECTION 27 -68, VARIANCES, SO AS TO ALLOW THE PLANNING COM-
MISSION TO GRANT EXCEPTIONS TO CERTAIN PORTIONS OF CHAPTER 27 HAVING
TO DO WITH SUBDIVISION DESIGN, BUILDING SETBACK, SIDE YARD REQUIRE-
MENTS AND DENSITY STANDARDS; REPEALING ORDINANCES INCONSISTENT HEREWITH;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the Code of Ordinances of the City of Baytown, Texas,
is hereby amended by amending Chapter 27, "Subdivisions ", by the addition of a
new Section 27 -68, Variances, which shall read as follows, to -wit:
Section 27 -68. Variances.
The Planning Commission may authorize a variance from these regulations
when, in its opinion, undue hardship will result from requiring strict
compliance. In granting a variance, the Planning Commission shall
prescribe any condition or conditions that it deems necessary or
desirable considering the public interest; in making the findings
hereinbelow required, the Planning Commission shall take into consideration
the following:
(1) The nature of the proposed use of the land involved and existing
uses of of land in the vicinity;
(2) The number of persons who will reside or work in the proposed
subdivision;
(3) The probable effect of such variances upon traffic conditions
and upon the public health, safety, convenience and welfare in the
vicinity;
(4) Any and all other facts the Planning Commission may deem relevant.
No variance shall be granted unless the Planning Commission finds:
(a) That there are special circumstances or conditions affecting the
land involved such that the strict application of this chapter would
deprive the applicant of the reasonable use of his land; and
(b) That the granting of the variance will not be detrimental to the
public health, safety, welfare, or be injurious to other property in the
area; and
(c) That the granting of the variance will not have the effect of pre-
venting the orderly subdivision of other land in the area in accordance
with the provisions of this chapter.
Such findings of the Planning Commission, together with the speci-
fied facts upon which such findings are based, shall be incorporated
into the official minutes of the Planning Commission meeting at which
such variance is granted. Variances may be granted only when in har-
mony with the general purpose and intent of this chapter so that the
public health, safety, and welfare may be secure and substantial jus-
tice done. Pecuniary hardship to the subdivider, standing alone, shall
not be deemed to constitute hardship requiring variance hereunder. No
variance shall be granted as to required improvements, minimum lot sizes,
flood hazard area regulations, or bond requirements.
Section 2: Repealing Clause: All ordinances or parts of ordinances
inconsistent with the terms of this ordinance are hereby repealed; provided,
however, that such repeal shall be only to the extent of such inconsistency
and in all other respects this ordinance shall be cumulative of other ordi-
nances regulating and governing the subject matter covered by this ordinance.
Section 3: Savings Clause: If any provision, section, exception,
subsection, paragraph, sentence, clause or phrase of this ordinance or the
application of same to any person or set of circumstances, shall for any reason
be held unconstitutional, void or invalid, such invalidity shall not affect
the validity of the remaining provisions of this ordinance or their application
to other persons or sets of circumstances and to this end all provisions of
this ordinance are declared to be severable.
Section 4: Effective Date: This ordinance shall take effect from
and after its passage by the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council
of the City of Baytown, this the 28th day of
ATTEST:
r
EDNA OLIVER, City Clerk
APPROVED:
7 //6 ZIV0
NEEL RICFYARDSON, City Attorney
November , 1972.
C. GLEN VJALKE , Mayor
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