HomeMy WebLinkAboutORD 2008-03 - Zoning Board of AdjustmentAn Ordinance of the City Council of the City Of Georgetown, Texas Adding New
Section 2.49 to the Code of Ordinances Relating to the Zoning Board of AdJustment;
Providing a Penalty Clause; Providing a Severability Clause; and Establishing an
Effective Date.
WHEREAS, the City Council of the City of Georgetown desires to codify the
procedures for its Zoning Board of Adjustment; and
WHEREAS, the Texas Local Government Code, Chapter 211, governs the
establishment and procedures relating to boards of adjustment, including the number of
members, length of terms, filling of vacancies, number of members who must hear each
case, minutes and records, etc.; and
WHEREAS, the City's Unified Development Code establishes the powers and
duties of the Zoning Board of Adjustment, and
WHEREAS, the provisions below are adopted in conformance with the Texas
Local Government Code and the City's Unified Development Code,
CITY OF GEORGETOWN, TEXAS, that:
SECTION 2 The facts and recitations contained in the preamble of this
Ordinance are hereby declared to be true and correct, and are incorporated be reference
herein and made a part hereof, as if copied verbatim. The City Council hereby finds that
this Ordinance implements the following Century Plan Policy Statements — Goals and
Strategies:
1.0 Policy Statement: "The community enjoys the benefits of well -Manned land
use in which conflicting needs are balanced. "
Further, as required by Section 2.03 of the Administrative Chapter of the Policy Plan, the
City Council hereby finds that the enactment of this Ordinance is not inconsistent with
or in conflict with any other Century Plan Policy Statements.
SECTION 3 New Section 2.49 is hereby added to the City Code of Ordinances
as follows:
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Ordinance No. � COB
ZBA Code of Ordinances
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Section 2.49.010,
Establishment
A board of adjustment is hereby established in accordance with the provisions of Local
Government Code § 211.008 et seq., regarding the zoning of cities and with the powers
and duties as provided in said statutes.
Section 2.49.020. Membership.
The board shall consist of five (5) citizens, each to be appointed by the mayor and
confirmed by the city council, for staggered terms of two years. All vacancies shall be
filled for the unexpired term in the same manner as provided for in the original
appointments. The board shall elect its own chairman, who shall serve for a period of
one year or until his successor is elected.
Section 2.49.030. Meetings and Hearings to be Public.
Meetings and hearings of the board shall be held at the call of the chairman and at such
times as the board may determine. All such meetings and hearings shall be public. Each
case before the board must be heard by at least 75 percent of the members.
Section 2.49.040. Rules and regulations.
The board shall keep minutes of its proceedings, showing the vote of each member upon
each question or, if absent or failing to vote, indicating such fact, and shall keep records
of its examinations and other official actions, all of which shall be filed in the office of
the board's recording secretary and shall be a public record. Approval of any request
shall require four affirmative votes. Any request not approved by affirmative vote of
four or more members shall be considered denied. The board may adopt from time to
time such additional rules and regulations as it may deem necessary to carry into effect
the provisions of this ordinance, all of which rules and regulations shall operate
uniformly in all cases.
Section 2.49.050. Powers and duties of board.
The powers and duties of the Board are set forth in the City's Unified Development
Code.
SECTION 4 All Ordinances and Resolutions, or parts of Ordinances and
Resolutions that are in conflict with this Ordinance are hereby repealed, and no longer
in effect.
Ordinance No. 0.00 TE 0 3
ZBA Code of Ordinances
Page 2 of 3
SECTION55 If any provisions of this Ordinance or application thereof to any
person or circumstance shall be held invalid, such invalidity shall not affect the other
provisions, or applications thereof, of this Ordinance which can be given effect without
the invalid provision or application and to this end the provisions of this Ordinance are
hereby declared to be severable.
SECTION 6 The Mayor of Georgetown is hereby authorized to sib this
Ordinance and the City Secretary to attest. This Ordinance shall become effective and be
in full force and effecting accordance with the terms of the City Charter.
PASSED AND APPROVED on First Reading on. the 8th day of January 2008.
PASSED AND APPROVED on Second Reading on the 22na day of January 2008.
Sandra D. Lee
City Secretary
VED AS TO
Patricia E. Carls
City Attorney
Ordinance No. R00,9 "
ZBA Code of Ordinances
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