1999-218 ORDIN CENO qq-; /¢
AN ORDINANCE AMENDING ARTICLE II "BOARD OF ADJUSTMENT" OF CHAPTER
35 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO PROVIDE FOR A
SEVEN-MEMBER BOARD AND THREE ALTERNATES WITH THE TERMS AND THE
POWERS SET FORTH IN THE BODY OF THIS ORDINANCE, PROVIDING A
SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, on May 1, 1999, in an election to amend the City Charter held m
conjunction with the regular City Council election, the citizens approved an amendment to
Section 10 07 of the City Charter to remove the Board of AdJustment from the Charter and to
require that a Board of AdJustment be created by ordinance to be composed of at least seven
members, and
WHEREAS, the City Council deems it in the public interest to enact such an ordinance,
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That Section 35-41 "Organization of Board of AdJustment" of Chapter 35
of the Code of Ordinances of the City of Denton is hereby amended to read as follows
See 35-41. Organization and Creation of Board of Adjustment.
(a) There is hereby established a Board of AdJustment which shall consist of seven
members, each to be appointed by the City Council for staggered terms of two years Members
may be removed for cause by the City Council upon written charges and after a public heanng
All members of the board shall serve without pay Vacancies shall be filled for the unexpired
term of any member whose place becomes vacant for any cause, in the same manner as the
original appointment was made The City Council shall appoint three alternate members of the
board who shall serve in the absence of one or more of the regular members when requested to
do so The alternates shall be designated the first, second, and third alternate, and shall serve in
the absence of one or more members Alternate members shall serve in their designated
numerical order For example, in the absence of one member of the board, the first alternate
shall serve All cases to be heard by the board will always be heard by a minimum number of six
members The alternate members, when appointed, shall serve for the same period as the regular
members, which is for a term of two years Any vacancy shall be filled in the same manner as
for regular' members for the unexpired term Alternate members shall be subJeCt to removal in
the same manner as regular members
(b) The Board of AdJustment shall have all the powers enumerated in Tex Loc Gov't
Code §211 008, et seq, as this law now reads or may hereafter be amended Each case before
the board must be heard by at least seventy-five percent (75%) of the members, and a concurring
vote of seventy-five percent (75%) of the members shall be required to take the actions set forth
in Tex Loc Gov't Code §211 009 All meetings of the board shall be held at the call of the
chairman, who shall be designated by the City Council, and at such other times as the board may
determine, All meetings of the board shall be open to the pubhc The board shall keep minutes
of its meetings, showing the vote of each member upon every question, or if absent or failing to
vote, ln~hcatmg such fact Every order, requirement, decision, or determination of the board
shall immediately be filed with the City Secretary, and shall be a public record
(c) All members of the board shall comply with the provisions pertmnmg to all boards
and commissions set forth m Sections 2-61 through 2-65 and 2-81 through 2-84 of this Code of
Ordinances Section 2-83(c) states that the unexcused absence of any board member for more
than three regularly called and scheduled meetings of the board in any one year or lack of
attendance of more than 50% of the number of regular meetings in a year, unless such absence is
the result of a personal or family illness or death, shall be considered "cause", as that term is
used in Section 14 16 of the Charter, for removal of the member by the City Council from such
board The City Council may remove a board member for cause, as found by the City Council,
on a written charge after a public heanng
(d) Upon apphcatlon of any person aggrieved by any order, requirement, demslon, or
determination of any admlmstratlve official concerning any zoning ordinance or the exercise of
powers herein conferred relating thereto, the Board of AdJustment shall give a full and fmr
heanng to any such person After stud hearing, if the Board of AdJustment is of the opinion that
the order, ordinance, or decision of the administrative official is inequitable or unjust, it shall
have the power to permit exceptions to or variances from the strict application of the regulations
in such sltuattons and m accordance with the pnnclpals, conditions, and procedures specified in
this ordinance and all applicable laws
~ That if any section, subsection, paragraph, subparagraph, sentence, clause,
phrase, or word m this ordinance, or application thereof to any person or clmumstance is held
lnvahd by any court of competent jurisdiction, such holding shall not affect the validity of the
remtumng portions of this ordinance, and the City Council of the City of Denton, Texas hereby
declares it would have enacted such remmmng portions despite any such validity
SECTION HI That save and except as amended hereby, all the sections, subsections,
sentences, clauses, and phrases of Chapter 35 of the Code of Ordinances of the City of Denton
shall remtun in full force and effect
~ That tlus ordinance shall become effective ~mmedlately upon its passage
and approval
PASSED AND APPROVED this the /,~day of~, 1999
JAC~
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ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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