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Ordinance No. 4,23650822 -5 ORDINANCE NO. 4235 AN ORDINANCE AMENDING SECTION 7 -37 of CHAPTER 7, "BUILDINGS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN TO PROVIDE FOR EXCEPTIONS TO THE BUFFER FENCING REQUIREMENTS; REPEALING INCONSISTENT 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 Section 7 -37 of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows: Sec. 7 -37. Exceptions to article requirements. Exceptions to the requirement for buffer fencing may be granted by the Chief Building Official when the building permit is issued if the Chief Building Official determines that a buffer fence would serve no useful purpose and: ( a ) The building permit is for the construction of a building to be used as a place of worship; or (b)(1) All adjacent property owners sign written waivers to the fencing requirements; and (2) The permit applicant agrees to construct such fence within sixty (60) days of notice by the Chief Building Official that an adjacent property owner has decided he does want a buffer fence, or if a subsequent owner requests a buffer fence. Decisions of the Chief Building Official may be appealed to the City Council by any affected party by written notice to the City Clerk prior to the issuance of a certificate of occupancy. Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed, provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3: 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. 50822 -5a Section 4: This ordinance shall take effect immediately 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 22nd day of August, 1985. I r MW - -: - aa- � -M-1- ATTEST: .. i EILEEN P. HALL, City Clerk APPROVED: 4A2NDZALL 4B. �STRONG, City rney