Ordinance No. 7,355950727 -2
ORDINANCE NO. 7355
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 2 "ADMINISTRATION," ARTICLE II "BOARDS AND
COMMISSIONS" BY ADDING DIVISION 11 "BOARD OF ADJUSTMENT;"
SECTION 2 -71.20 " -BOARD CREATED;" SECTION 2- 71.21 - "MAKEUP
OF BOARD;" SECTION 2- 71.22- "REMOVAL OF BOARD MEMBERS;"
SECTION 2 -71.23 "ATTENDANCE AT MEETINGS; PRESIDING
OFFICER;" SECTION 2 -71.24 "RULES OF PROCEDURE;" AND
SECTION 2 -71.25 "POWERS AND DUTIES" TO THE CODE OF
ORDINANCES OF THE CITY OF BAYTOWN; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; AND THE EFFECTIVE
DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 2 "Administration," Article II
"Boards and Commissions" of the Code of Ordinances of the City of
Baytown, Texas, is hereby amended by adding Division 11 "Board of
Adjustment" to read as follows:
Article II. Boards and Commissions.
Division 11. Board of Adjustment
Sec. 2- 71.20. Board created.
An agency of the city council is hereby created which shall be
known as the Board of Adjustment.
Sec. 2- .71.21 Makeup of the board.
The Board of Adjustments shall consist of five members, who
will be appointed by council for two -year terms.
Sec. 2- 71.22. Removal of board members.
The city council may remove board members for cause, as found
by the city council, on a written charge after a public hearing.
A vacancy on the board shall be filled for the unexpired term.
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® Sec. 2- 71.23. Attendance at meetings; presiding officer.
Any board member who misses three. (3) consecutive regular
meetings without valid reason shall be deemed no longer interested
in serving and the board shall ask the city council to instigate
removal proceedings against such board member. If council
determines, after the public hearing as required herein, that the
board member should be removed, the board shall as soon as
practicable fill the vacancy for the unexpired term.
The board shall elect a chairperson and vice - chairperson at
the first meeting of each year. The director of planning shall
provide staff to take minutes and serve as secretary to the board.
Sec. 2- 71.24. Rules of procedure.
The board is hereby empowered to establish its own
parliamentary procedure; provided that such shall not be in
conflict with the laws applicable to the board or the following:
A quorum shall consist of a majority of the entire membership
of the board; and except as provided herein, any issue to be
voted on shall be resolved by a majority of those present. The
chairperson shall be entitled to vote upon any question, but
shall have no veto power. Each case before the Board,
however, must be heard by at least four members.
All meetings shall be open to the public and shall be held at
the call of the presiding officer and at other times as determined
by the board. The presiding officer or acting presiding officer
may administer oaths and compel the attendance of witnesses.
The board shall keep minutes of its proceedings that indicate
the vote of each member on each question or fact that a member is
absent or fails to vote. The board shall keep records of its
examinations and other official actions. The minutes and records
shall be filed immediately in the board's office and are public
records.
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Sec: 2- 71.25. Powers and duties.
The board shall exercise the powers and shall be required to:
(1) hear and decide appeals where it is alleged that there is
an error in any order or decision by city officials in
the administration and enforcement of the zoning
ordinance;
(2) hear and decide appeals of any interpretation of the text
of the zoning ordinance made by the Director of Planning
and Community Development;
(3) hear and decide requests for variances from the terms of
the zoning ordinance pursuant to the procedures and
standards set for therein; and
(4) hear and decide other matters as authorized by the zoning
ordinance.
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 the 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 immediately
from and after its passage by the City Council of the City of
Baytown.
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INTRODUCED, READ, and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 27th day of July,
1995.
?,r.Z�e.
PETE C. AL O, Mayor
ATTEST:'
r
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
XG&ACTO RAMIRE R., City Attorney
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