A planning and zoning commission is created in order to accomplish
the following purposes:
(1)
To
identify community needs and to advise the city council of their short-range
and long-range implications for the total development of the city;
(2)
To
recommend achievable community goals as a basis for long-range planning
and development programs;
(3)
To
recommend plans, programs, and policies that will aid the entire community
in achieving its defined goals; and
(4)
To
interpret the adopted plans and programs to concerned citizens so
that private activities and desires may be accomplished in harmony
with public needs and policies.
(Ordinance 2002-07-01-009, sec.
1, adopted 7/1/02)
The planning and zoning commission shall be composed of five
(5) persons, with at least three being qualified electors of the city,
and two may be residents in the extraterritorial jurisdiction. The
city council will consider for appointment to the commission only
those persons who have demonstrated their civic interest, general
knowledge of the community, independent judgment, interest in planning
and zoning, and availability to prepare for and attend meetings. It
is the intent of the city council that members shall, by reason of
diversity of their individual occupations, constitute a commission
which is broadly representative of the community.
(Ordinance 2002-07-01-009, sec.
2, adopted 7/1/02)
The terms of two of the members shall expire on January 1 of
each odd-numbered year and the terms of three of the members shall
expire on January 1 of each even-numbered year. The members of the
commission shall be identified by place numbers one through five.
The odd-numbered places shall expire in the odd-numbered years; the
even-numbered places shall expire in the even-numbered years. Commission
members may be appointed to succeed themselves. Vacancies shall be
filled for unexpired terms, but no member shall be appointed for a
term in excess of two years. Newly appointed members shall be installed
at the first regular commission meeting after their appointment.
(Ordinance 2002-07-01-009, sec.
3, adopted 7/1/02)
The chairperson and vice-chairperson shall be appointed by the
mayor with approval of the council.
(Ordinance 2002-07-01-009, sec.
4, adopted 7/1/02)
The commission shall hold an organization meeting in February
of each year. The commission shall elect a secretary and such other
officers as its deems necessary either from its membership or from
staff representatives assigned by the mayor to work with the commission.
The commission shall meet regularly and shall designate the time and
place of its meetings. The commission shall keep a record of its proceedings
consistent with the provisions of this code and the requirements of
law.
(Ordinance 2002-07-01-009, sec.
5, adopted 7/1/02)
The planning and zoning commission is charged with the duty
and invested with the authority to:
(1)
Inspect
property and premises at reasonable hours when required to discharge
its responsibilities under the laws of the state and of the city.
(2)
Formulate
and recommend to the city council for its adoption a comprehensive
plan for the orderly growth and development of the city and its environs,
and from time to time recommend such changes in the plan as it finds
will facilitate the movement of people and goods, and the health,
recreation, safety, and general welfare of the citizens of the city.
(3)
Formulate
a zoning plan as may be deemed best to carry out the goals of the
comprehensive plan, hold public hearings and make recommendations
to the city council relating to the creation, amendment, and implementation
of zoning regulations and districts as provided by ordinance, [and
the] Local Government Code, as amended, authorizing cities to pass
regulations.
(4)
Exercise
all the powers of a commission as to approval or disapproval of plans,
plats, or replats and vacations of plans, plats or replats set out
in the subdivision ordinance and 212 (Municipal Regulation of Subdivisions
and Property Development), Local Government Code.
(5)
Study
and make recommendations on the location, extension, planning, vacating,
and closing of public rights-of-way, parks, and other public places.
(6)
Study
and make recommendations concerning the capital improvements program,
including the construction of public buildings, bridges, viaducts,
street fixtures, and other structures and appurtenances. Study and
make recommendations on the design or alteration and on the location
or relocation of works of art which are, or may become, the property
of the city.
(7)
Initiate,
in the name of the city, for consideration at public hearings, all
proposals for the opening, vacating, or closing of public rights-of-way,
parks, or other public places; for the original zoning of annexed
areas; and for the change of zoning district boundaries on an area-wide
basis. No fee shall be required for the filing of any such proposal
in the name of the city.
(8)
Formulate
and recommend to the city council policies and regulations consistent
with the adopted comprehensive plan governing the location and/or
operation of utilities, public facilities, and services owned or under
the control of the city.
(9)
Review
and make recommendations concerning annexation of land into the city.
(10)
Keep itself informed with references to the progress of city planning
in the United States and other countries and recommend improvements
in the adopted plans of the city.
(11)
Submit a progress report to the city council every 180 days that
summarizes its activities, major accomplishments for the past year,
and a proposed work program for the coming year. The report shall
contain the attendance record of all members and the identity of commission
officers for the year.
(Ordinance 2002-07-01-009, sec.
6, adopted 7/1/02)
(a)
A
motion may be made by any member other than the presiding officer.
(b)
A
motion to approve any matter before the commission or to recommend
approval of any request requiring city council action shall require
a majority vote of the quorum of the members present. When fewer than
all the members are present for the voting and when all motions to
recommend on a given application fail to carry by a majority of the
quorum of members present, consideration of the application shall
be continued to the next regular meeting upon motion carried by a
majority of those present. However, a request or application shall
not be continued to the next regular meeting and shall be recorded
in the minutes as a denial if all the members are present for the
vote and a motion fails to carry by a majority vote.
(Ordinance 2002-07-01-009, sec.
7, adopted 7/1/02)
(a)
Members
shall disqualify themselves from voting whenever they find that they
have a personal or monetary interest in the property under appeal,
or that they will be directly affected by the decision of the commission.
(b)
A
member may disqualify himself or herself from voting whenever any
applicant, or his or her agent, has sought to influence the vote of
the member on the application, other than in the public hearing.
(Ordinance 2002-07-01-009, sec.
8, adopted 7/1/02)
(a)
Acting chairperson.
In the absence of both the chairperson
and vice-chairperson, the commission shall elect an acting chairperson.
(b)
Meetings.
(1)
Quorum.
A quorum shall consist of three members.
(2)
Agenda.
The secretary shall prepare an agenda for each
meeting of the commission, and shall attach to each agenda a report
of matters pending further action by the commission. The secretary
shall post a copy of the agenda in the city hall as required by law
for a period of three full calendar days, not counting the day of
posting, but which may count the day of the meeting.
(3)
Regular meetings.
Regular meetings shall be at the council
chambers of the city hall, unless otherwise determined by the commission.
(4)
Special meetings.
Special meetings for any purpose may
be held on the call of the chairperson, or on request of two or more
members, and by giving written notice to all members deposited in
the mail at least 72 hours before the meeting, or as may be scheduled
by a majority of the commission at any previous meeting. The time
and place of the special meeting shall be determined by the convening
authority.
(5)
Appearance by public.
Any party in interest may appear
in his own behalf or be represented by counsel or an agent.
(c)
Official records.
(1)
Contents.
The official records shall be the minutes
of the commission, together with all findings, decisions, and other
official records of the commission.
(2)
Recording of votes.
The minutes of the commission’s
proceedings shall show the vote of each member, or indicate a member’s
absence or failure to vote.
(3)
Filing and retention.
All matters coming before the
commission shall be filed in the city’s records. Original papers
of all requests and proposals shall be retained as a part of the permanent
record.
(4)
Public access.
The official records and citizen requests
filed for commission action in regular or special meetings shall be
on file in the city hall and shall be open to public inspection during
customary working hours.
(d)
Application procedures.
(1)
Written request required.
Every proposal submitted for
commission action shall be made in writing. Where appropriate, the
city shall provide application forms. The proposal shall be filed
on city-provided forms, shall be accompanied by all prescribed fees,
and shall be complete in all respects before the city shall accept
it for filing.
(2)
Schedules and instructions.
Every proposal or request
for commission action or recommendation shall be filed, processed,
and considered in accordance with this division.
(3)
Submission of supporting information.
Information supporting
a request or recommendation to approve or disapprove any proposal
before the commission shall be submitted through the secretary in
writing or to the commission in public meeting.
(4)
Withdrawal of proposal.
When any applicant desires to
withdraw his or her proposal, he or she may do so by filing a written
request with the secretary. Such request shall be effective upon the
date of its official receipt; provided, however, that no such request
shall be valid after notices have been mailed, except on action of
the commission. Withdrawal of a proposal at any stage of its processing
shall terminate all consideration of it by the city, and the case
file shall be closed.
(Ordinance 2002-07-01-009, sec.
9, adopted 7/1/02)
