II.1.1
Membership;
Officers.
In accordance with Chapter 211 of the Texas Local Government Code and Article 10 of the Glenn Heights City Charter the Planning and Zoning Commission (“Commission”) shall consist of seven (7) members appointed by the City Council as set forth by Article 10 of the City Charter. At its discretion, the City Council may make nominations for each Commission Place and seat an interview panel for purposes of evaluating the nominees. The panel shall make recommendations of candidates to the City Council. A simple majority vote of the full City Council shall confirm the appointment of the Commission members. Each Commission member shall be a resident citizen, taxpayer and qualified voter of the City of Glenn Heights. Each member of the Commission shall hold a designated Place, from Place 1 to Place 7, and each Place shall be appointed to a three (3) year term. Place 1, Place 4 and Place 7 shall rotate together, Place 2 and Place 5 shall rotate together and Place 3 and Place 6 shall rotate together. The City Council shall appoint or reappoint Commission members each year with terms beginning on July 1. New members shall be sworn in at the first regular Commission meeting following their appointment.
II.1.2
Vacancy.
Any vacancy(s) on the Commission and any reappointments upon expired terms shall be filled in the same manner as original appointments as set forth in Subsection II.1.1 above.
Vacancies created by the resignation of a Commission member
shall be considered by the remainder of the Commission and City Council
after receipt of a written letter from the resigning member addressed
to the Mayor.
II.1.3
Removal
from Office.
Members of the Commission may be removed
from office at any time by a simple majority vote of the full City
Council either upon its own motion or upon the formal recommendation
of the Commission. Failure to attend three (3) consecutive duly-called
meetings shall be deemed as neglect and cause for removal from office,
unless such absences were due to unusual circumstances beyond the
member’s control such as sickness of the member or someone with
the member’s immediate family.
II.1.4
Rules
and Bylaws
A.
The members
of the Commission shall regularly attend duly-called meetings and
public hearings of the Commission, shall serve without compensation,
and shall not hold any other office or position with the City while
serving on the Commission. The Commission shall meet a minimum of
once per month at a time established by the City Council.
B.
The Commission
shall elect from its membership a Chairperson and Vice-Chairperson.
Such election shall occur at the first regular meeting after the May
municipal election and each officer shall hold office for one (1)
year or until replaced by a simple majority vote of the full Commission.
The City Manager’s designee shall serve as Secretary to the
Commission, and shall post agendas for all meetings, keep minutes
of all meetings held by the Commission, as required by the Texas Open
Meetings Act, as well as the full record of all recommendations made
by the Commission to the City Council.
C.
In the absence
of the Chairperson and Vice-Chairperson, the majority of the members
present may convene the meeting and select a member to preside over
the meeting.
D.
The Commission
shall have the power to make rules, regulations and bylaws for its
own governance, which shall conform to those set forth by the City
Council, and such rules, regulations and bylaws shall be in writing
and be subject to approval by the City Council.
II.1.5
Parliamentary
Procedure; Quorum; Voting
A.
Parliamentary
Procedure - The Commission will follow the parliamentary procedure
adopted by the City Council, and procedures shall not be in conflict
with the laws applicable to the Commission on quorums and voting.
B.
Quorum - A
quorum shall consist of a majority of the membership of the Commission.
Any recommendation to the City Council to be voted upon shall require
the affirmative vote of four (4) members.
C.
Voting - All
Commission members, including the presiding Chairperson, shall be
entitled to one vote each upon any question, a quorum being present.
D.
Abstaining
from Voting - A Commission member may only abstain from voting for
the following reasons:
II.1.6
Meeting
Location; Public Record
A.
Meeting Location
- The Commission shall meet in the City Hall building or in some other
specified location as may be designated by the presiding Chairperson
or the City Council and properly noticed. Meetings shall be at such
intervals as may be necessary to orderly and properly transact the
business of the Commission but not less than once each month.
B.
Public Record
- Meetings shall be open to the public and minutes shall be kept and
shall be treated as public record.
II.1.7
Duties
and Zoning Responsibilities
A.
The Commission
shall be an advisory body to the City Council, and shall make recommendations
regarding amendments to the Comprehensive Master Plan, changes of
zoning and permanent zoning to be given to newly annexed areas, and
shall make recommendations regarding the approval of the plats of
subdivisions as may be submitted to it by the City Council or City
staff. The Commission shall serve in an advisory capacity on any planning-related
item(s) in the City.
B.
Furthermore,
the Commission shall have all the rights, powers, privileges and authority
as granted by and through the States [Statutes] of the State of Texas
authorizing and granting cities the power of zoning and subdivision
regulation as found in Chapters 211 and 212 of the Texas Local Government
Code and/or this Ordinance, as enacted and as it may be amended.
C.
The Commission
shall assist, as authorized and empowered to cities by Statutes of
the State of Texas, to regulate the platting and recording of subdivisions
or additions within the City’s corporate limits and establishing
extraterritorial jurisdiction. Said Statutes of the State of Texas
are hereby adopted, and the Commission, acting through its duly authorized
officials, shall have all the rights, powers, privileges and authority
authorized and granted by and through said Statutes pertaining to
regulation of subdivisions in the City’s limits and extraterritorial
jurisdiction.
II.1.8
Planning
and Zoning Recommendations.
The Planning and Zoning Commission
shall receive a report from the City staff, as designated by the City
Manager, on any project subject to its review for the purpose of preliminary
consideration and recommendation to the City Council.
II.1.9
Conflict
of Interest.
If any member has a conflict of interest
regarding any item on the Commission’s agenda, he/she shall
remove himself/herself from the room and shall refrain from voting
and/or discussing only on the item for which a conflict exists. Furthermore,
matters before the Commission that may affect a Commissioner but does
not qualify as a legal conflict of interest but has the appearance
of impropriety may allow for a disqualification of participation by
that Commissioner. Such conflicts shall be determined by the City
Attorney.
II.1.10
Procedure
on Zoning Hearing
A.
The Commission
may have a workshop with the applicant and staff prior to all Public
Hearings. This workshop may occur at the same meeting as the Public
Hearing or may be scheduled at a time preceding the Public Hearing.
However, any applicant of a zoning request requiring a Public Hearing
shall have available to them the option of a waiver of the required
workshop with the Commission.
B.
The Public
Hearing procedure and process for zoning changes and Zoning Ordinance
amendments shall be in accordance with Section IV.1.7 of this Ordinance.
II.1.11
Joint
Meetings with the City Council.
Whenever the City Council
and the Commission are required by the laws of the State of Texas
to conduct Public Hearings in matters pertaining to planning, zoning
or subdividing property, and at other times when it is in the best
interest of the City to do so, the City Council and the Commission
are hereby authorized, after published notice as required by law,
to hold joint meetings and to conduct joint public hearings except
for those involving a PD and/or SUP request.
II.2.1
Creation.
The City of Glenn Heights hereby creates a Zoning Board of Adjustment
to be known as the Board of Adjustment (“Board” or “ZBA”).
II.2.2
Purpose.
The Board is created for the purpose, in appropriate cases and
subject to appropriate conditions and safeguards, to make special
exceptions to the terms of this Ordinance that are consistent with
the general purpose and intent of this Ordinance. The Board shall
be composed of members who are resident citizens, taxpayers and qualified
voters of the City of Glenn Heights. Current members of the elected
City Council or appointed members of the Commission may not serve
on the Board.
II.2.3
Members;
Alternate Members; Appointments; Terms of Office
A.
Members -
The Board of Adjustment shall consist of five (5) regular members
and up to four (4) alternate members. All members who shall be nominated
and appointed by the Mayor and City Council and each person so nominated
shall be approved by a simple majority vote of the full City Council
before becoming a member of the Board. This Board shall operate in
accordance with the provisions of Chapter 211 of the State of Texas
Local Government Code, as enacted and as it may be amended.
B.
Alternate
Members - Alternate members shall serve in the absence of one or more
of the regular Board members when requested to do so by the City Manager.
The alternate member with the longest tenure shall be able to serve
first and may be appointed to fill a vacancy in the event of resignation
or removal of a regular member of the Board of Adjustment.
C.
Appointment
of Members - Following the regular City Council election of offices
in May of each year, the City Council shall appoint members to the
Board of Adjustment to fill those offices being vacated on May 31
of that year. Each member of the Board shall hold a designated Place,
from Place 1 to Place 5. Alternate members shall be identified by
Place numbers one-A (1A) through four-A (4A).
D.
Terms of Office
- Each member and alternate member is appointed to serve for two (2)
years terms and may be reappointed to successive terms on the Board
subject to approval by a simple majority of the full City Council.
Place 1, Place 3, Place 5 and Places 1A and 3A shall be appointed
in odd-numbered years. Place 2, Place 4 and Places 2A and 4A shall
be appointed in even-numbered years.
II.2.4
Vacancy.
Vacancy(s) on the Board can be either a regular or alternate
member. Any vacancy on the Board and any reappointment upon expired
terms shall be filled in the same manner as the original appointment
(see Section II.2.3(C) above).
Vacancies created by the resignation of a Commission member
shall be considered by the remainder of the Commission and City Council
after receipt of a written letter from the resigning member addressed
to the Mayor.
II.2.5
Removal
from Office.
Members of the Board may be removed from
office for cause, and after a Public Hearing, by a simple majority
vote of the full City Council. Failure to attend three (3) consecutive
duly-called meetings shall be deemed as neglect and cause for removal
from office, unless such absences were due to unusual circumstances
beyond the member’s control such as sickness of the member or
someone within the member’s immediate family.
II.2.6
Rules
and Bylaws
A.
The members
of the Board, and alternate members as needed, shall regularly attend
duly-called meetings and Public Hearings of the Board, shall serve
without compensation, and shall not hold any other office or position
with the City while serving on the Board.
B.
The Board
shall elect a Chairperson and a Vice-Chairperson from among its membership,
and each officer shall hold office for one (1) year or until replaced
by a simple majority vote of the full Board. The City Manager’s
designee shall serve as Secretary to the Commission, and shall post
agendas for all meetings, [and] keep minutes of all meetings held
by the Board, as required by the Texas Open Meetings Act. The minutes
maintained by the Secretary shall indicate the vote of each Board
member on each question or the fact that a member is absent or fails
to vote. The Secretary shall also set up and maintain a separate file
for each application for hearing by the Board, and shall record therein
the names and addresses of all persons/entities to whom notices are
mailed, including the date of mailing and the person by whom such
notices were delivered to the Post Office. All records and files herein
provided for shall be permanent and official records of the City of
Glenn Heights. The Secretary shall also immediately notify in writing
the City Council, the Commission and the City Manager or his/her designee
of each decision rendered by the Board in the conduct of its official
duties.
C.
The Board
shall have the power to make rules, regulations and bylaws for its
own governance, which shall conform as closely as possible to those
set forth by the City Council and the Board’s rules. Regulations
and bylaws shall be in writing and be subject to approval by the City
Council.
II.2.7
Meetings.
Meetings of the Board shall be held at the call of the Chairperson
and at such other times as the Board may determine. All meetings of
the Board shall be posted by agenda, open to the public and minutes
be kept of all proceedings, according to the Open Meetings Act. Four
(4) regular members or alternate members of the Board constitute a
quorum for the conduct of business. All cases to be heard by the Board
shall always be heard by at least seventy-five percent (75%) of the
members and/or alternates.
II.2.8
Duties
of Zoning Board of Adjustment
A.
The Board
of Adjustment shall have the powers and perform those duties as are
provided for in the Texas Local Government Code, Chapter 211, as enacted
and as it may be amended, and those established in this Ordinance,
including but not limited to the following:
1.
The Board
shall have the power to hear and decide any special exception which
the Board is authorized by ordinance or law to grant.
2.
The Board
shall further have the power to authorize upon appeal in specific
cases such variance from the zoning provisions of this Zoning Ordinance
as will not be contrary to public interest, where, owning to special
conditions, a literal enforcement of the provisions of the Ordinance
will result in unnecessary hardship, and so that the spirit of the
Ordinance shall be observed and substantial justice done.
3.
The Board shall further have the power to consider any vested rights appeal or variance pursuant to Article IV, Section 3, of this Ordinance.
4.
The Board
shall have the power to hear an appeal that alleges error in an order,
requirement, decision or determination made by an administrative official
in the enforcement of this Ordinance.
5.
Additionally, the Board may make interpretations on zoning district boundaries shown on the adopted Zoning Map where uncertainty exists because physical features on the ground differ from those on the Zoning Map or where the rules of Article X Section 3 of this Ordinance do not apply or are ambiguous.
6.
Finally,
the Board may subpoena witnesses, administer oaths and punish for
contempt.
B.
In exercising
its authority under Section II.2.8(A)(1) [II.2.8(A)(4)] above, the
Board may reverse or affirm, in whole or in part, or modify the administrative
official’s order, requirement, decision or determination from
which an appeal is taken and make the correct order, requirement,
decision or determination, and for that purpose the Board has the
same authority as the administrative official.
C.
A vote of
at least seventy-five percent (75%), or four (4) members or alternates,
of the full Board is necessary to:
1.
Reverse
an order, requirement, decision or determination of an administrative
official;
2.
Decide in
favor of an Applicant on a matter on which the Board is required to
review under this Zoning Ordinance;
3.
Authorize
a variance from a provision of this Zoning Ordinance; or
4.
Hear and
decide special exceptions to a provision of this Zoning Ordinance.
II.2.9
Limitations
on Authority of the Zoning Board of Adjustments
A.
The Board
may not grant a variance authorizing a use other than those permitted
in the district for which the variance is sought.
B.
The Board shall have no power to grant or modify Specific Use Permits (SUP) or Planned Development (PD) authorized under Article XI of this Ordinance. Any amendments, variances or waivers must be as an amendment to the SUP or PD.
C.
The Board
shall have no power to grant a zoning amendment. In the event a request
for a zoning amendment is pending before the Commission or the City
Council, the Board shall neither hear nor grant any variances with
respect to the subject property until final disposition of the zoning
amendment by the Commission and the City Council.
D.
The Board
shall not grant a variance for any parcel of property or portion thereof
upon which a Site Plan, Preliminary Plat or Final Plat, where required,
is pending on the agenda of the Commission and, where applicable,
by the City Council. All administrative and procedural remedies available
to the Applicant shall have been exhausted prior to hearing by the
Board.
Except as otherwise specifically provided, primary responsibility
for administering and enforcing this Ordinance is that of the City
Manager or his/her designee. The person or persons to whom these functions
are assigned shall be assigned by the City manager and may include
the, “Planning Official,” “Zoning Official”
or other designations. Development Review Committee (“DRC”), “staff”
or “planning staff” is sometimes used interchangeably
with any of the above designations.
II.4.1
The City
Council, prior to making any decision on a change of zoning, modification
of Zoning Map or Articles of this Ordinance, shall first consider
the recommendation of the Commission and the Staff on such matter.
II.4.2
In the
event the Planning and Zoning Commission has not submitted a recommendation
to the City Council, but a Public Hearing has been noticed before
the City Council, the City Council may open the Public Hearing for
the convenience of the citizens and continue the Hearing to a date
certain for the purpose of having and considering the recommendation
of the Planning and Zoning Commission.
