Ordinance No. 3,47521014 -4
ORDINANCE NO. 3475
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 7, "BUILDINGS ", SECTION 7 -4.1,
BUILDING CODE -- AMENDMENTS, BY ESTABLISHING A VARIANCE
PROCEDURE FOR PLANNED UNIT DEVELOPMENTS; REPEALING CON-
FLICTING ORDINANCES,; 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 is hereby amended by the amendment of Chapter 7, "Build-
ings", Section 7 -4.1, Building Code -- Amendments which shall read
as follows:
Sec. 7 -4.1. Building Code -- Amendment.
Section 112.2, establishing a variance procedure for Planned
Unit Developments, shall be added as follows:
Section 112.2 - Variances for planned unit developments.
In a planned unit development, where there is a
conflict between the building plans and the
requirements of the Code of Ordinances of the City
(except for Chapter 27, Subdivisions) or any
building codes heretofore or hereafter adopted,
then, in such event, the developer may petition the
City Council for a waiver or variance of any such
requirement. The City Council may grant a waiver or
a variance of any such requirement, when, in its
opinion, such waiver or variance shall not com-
promise the health, safety or general welfare of
the citizens of Baytown. In granting a waiver or
variance, the City Council shall prescribe any
condition or conditions that it deems necessary or
desirable considering the public interest; in
making its findings, the City Council shall take
into account those factors enumerated in Article
VI, Section 27 -62 and utilized by the Planning Com-
mission in determining plat variances.
Section 2: All ordinances or parts of ordinances incon-
sistent with the terms of this ordinance are hereby repealed;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 ordinances regulating and governing
the subject matter covered by this ordinance.
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Section 3: If any provision, section, exception, sub-
section, 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: This ordinance shall take effect from and after
its passage by the City Council.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council on this the 14th day of October-, 1982.
EMMETT O. HUTTO, Mayo
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL B. STRONG, City At d ney