1972-040~ ORDINANCE AMENDING CtL%PTER FIVE, ARTICLE II, SECTION 5-14
OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEX~S, PRO-
VIDING FOR TWO ALTERNATE MEMBERS OF THE BUILDING CODE BOARD,
PROVIDING A SAVINGS CLAUSE, AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
PART I
A That the Code of Ordinances of the City of Denton,
Texas, is hereby amended and changed in the following particu-
lars
B Chapter Five, Article II, Section 5-14 Subsection (f)
is hereby amended to read as follows
"(f) Volume I, Section 204 zs deleted and amended to read
as follows
(a) Buzldlng Code Board - Creation
There ls hereby created a Building Code Board consisting of
five (5) members, each to be appointed by the C~ty Council for
a term of two (2) years, and removable for cause by said Council
after publlc hearing Initially, however, all five (5) members
shall be appointed for a term to expzre colncldently with other
city boards, to serve untzl their successors are appointed To
the extent that persons are avallable within the C~ty, said board
shall consist of one (1) general contractor, one (1) architect,
one (1) engineer, and two (2) addltzonal members, who shall all
reside within the City Provzded, however, that the City Council
may appolnt two (2) alternate members of the Building Code Board
who shall serve ~n the absence of one or more of the regular mem-
bers when requested to do so by the C~ty Manager, as the case may
be, so that all cases to be heard by the Building Code Board will
always be heard by a mlnlmum number of four (4) members The
alternate members, when appointed, shall serve for the same per~od
as the regular members, whlch zs for a term of two (2) years and
any vacancy shall be filled In the same manner and they shall be
subject to removal the same as the regular members The Czty
Councll may appolnt ex offlclo members to this board, to have a
voice in all matters before it, but who shall have no vote The
Chief Building Official shall be an ex officio member of the
board
(b) Procedure and Powers
The Board shall adopt rules to govern its proceedings provided
that same are consistent with the Code of the City of Denton and
Statutes of the State of Texas The Building Code Board shall
have the same powers and duties on matters concerning Chapter Five
of the Code of Ordinances as the Board of Adjustment has on matters
concerning, and arising from, the Zoning Ordinance, including the
following
(a) Elect a chairman, who may administer oaths, and
compel the attendance of witnesses,
(b) Hear and determine, by a four-fifths (4/5) vote
of the members, appeals from any decision of the
Chief Building Official made pursuant to Chapter
Five other than Article IV after proper notice has
been given,
(c) By a four-fifths (4/5) vote of the members, grant
variances to any provision of Chapter Five, other
than Article IV, subject to appropriate conditions
and safeguards, and after a determination by the
Board that a hardship exists which would be cured
by the particular variance sought,
(d) Maintain jurisdiction of questions involving Article
IV of said Chapter as authorized therein"
PART II
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof to any
person or circumstances is held invalid by any court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portions of this ordinance, and the City Council of the
City of Denton, Texas, hereby declares it would have enacted such
remaining port~ons despite any such invalidity
PART III
That this ordinance shall become effective immediately upon
· ts passage
PASSED AND APPROVED this the 22nd day of August, A D 1972
CITY OF DENTON, TEXAS
ATTEST
APPROVED AS TO LEGAL FORM
CITY OF DENTON, TEXAS