City of Gonzales, TX ZONING DEVELOPMENT REVIEW BODIES

Composition and Method of Appointment.

The commission shall consist of seven (7) members, each appointed by the city council for a two-year term. Such terms shall expire on the last day of September; however, those members whose terms have expired shall continue to serve until reappointment or appointment of a successor by the city council. Four (4) members shall be appointed in each even-numbered calendar year and three (3) members shall be appointed in each odd-numbered calendar year. Each member shall reside or own real property within the city.

Commission’s Alternate Membership.

(i)

The city council may appoint two (2) alternate members of the planning and zoning commission, who shall serve in the absence of one or more of the regular members.

(ii)

The alternate members, when appointed, shall serve for the same period as the regular members, which is 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.

(C)

The planning and zoning commission serves at the pleasure of the city council and the city council may remove any member of the commission at any time for any reason.

(D)

Vacancies shall be filled by the city council for the unexpired term of any member whose position becomes vacant.

(E)

The chairperson and vice-chairperson of the commission shall be elected by majority vote of the commission members at the first regularly scheduled meeting of a year. In the absence of the chairperson and the vice-chairperson at any meeting, an acting chairperson shall be elected by a majority vote of all members present.

(F)

The city manager shall be a nonvoting ex officio member of the commission, shall serve as secretary of the commission, and shall maintain the records of the commission.

(G)

A quorum of the commission shall consist of a minimum of four (4) members of the commission and any issue shall be decided by a majority vote of those members present. The member serving as chairperson for the meeting is entitled to vote but has no veto power.

Meetings.

The commission shall meet upon call of the mayor, city manager, or chairperson when there is a case to be heard by the commission or when there is such other business to be conducted that is within the responsibility of the commission.

All meetings of the commission shall be open to the public and minutes shall be kept and maintained as public records.

Authority.

The commission shall have the following powers and duties:

Review application for zoning changes, hear public comments, and make recommendations to the city council regarding such applications.

Review, recommend, and approve plats and plans per the subdivision ordinance and zoning ordinance.

(C)

Recommend to the city council amendments, extensions, and additions to the comprehensive master plan of the city, including the land use plan and the thoroughfare plan.

(D)

Recommend to the city council changes to the official zoning map of the city.

(E)

When appropriate, make a determination of appropriate zoning or use.

(F)

Review and approve applications for alternative compliance in section 14.908 [14.904].

(G)

Perform such other duties as may be duly delegated to them from time to time by the city council.

(4)

Appeal.

Any person aggrieved by the action of the commission shall bring such grievance to the city council at the next regularly scheduled meeting of the city council.

(b)

Responsibilities.

Table 7.2 is a summary of the planning and zoning commission’s main responsibilities within the zoning ordinance.

Table 7.2: Planning and Zoning Commission Responsibilities
Recommending an initial zoning of newly annexed land
Recommending a zoning map amendment (rezoning)
Recommending a zoning text amendment
Recommending a specific use permit
Recommending a required plan extension and reinstatement petition
Recommending a building permit site plan extension and reinstatement petition
Approving an alternative compliance application

(Ordinance 2021-08 adopted 2/11/21)

§ 14.703 Zoning Board of Adjustment.

(a)

Establishment.

Board Creation.

The board shall consist of five (5) regular members, each appointed by the city council for a two-year term. Such terms shall expire on the last day of December, however, those members whose terms have expired shall continue to serve until reappointment or appointment of a successor by the council. Each shall reside or own real property within the city limits.

The council may appoint two (2) alternate members, each to serve a two-year term, who shall serve in the absence of one or more of the regular members when requested to do so by the city manager. Such alternate member shall reside or own real property within the city limits.

Board Vacancies.

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.

In the event board vacancies cannot be filled, the city council may choose to serve as the zoning board of adjustment.

Board Quorum Requirement.

All cases to be heard by the zoning board of adjustment require a minimum number of four (4) members.

(b)

Procedure.

The board shall adopt rules to govern its proceedings provided, however, that such rules are not inconsistent with this zoning ordinance or the statutes of the State of Texas.

Meetings of the board shall be held at the call of the mayor, city manager, or chairperson when there is a case to be heard, and at such other times as the board may determine.

The chairperson, or if absent, the acting chairperson, may administer an oath and compel the attendance of witnesses.

(4)

All meetings of the board shall be open to the public.

(5)

The board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicate such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

(c)

Authority of Board.

Pursuant to Texas Local Government Code section 211.009, the board may:

Hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of the zoning ordinance;

Hear and decide zoning special exceptions to the terms of a zoning ordinance regulation when the zoning ordinance requires the board to do so;

Authorize in specific cases a zoning variance from the terms of a zoning ordinance regulation if the zoning variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the zoning ordinance regulation is observed and substantial justice is done; and

(4)

Hear and decide other matters authorized by this zoning ordinance.

(d)

Actions of the Board.

Amend, Revise, or Reform.

In exercising its authority under subsection 14.703(c), Authority of Board, 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.

Pursuant to Texas Local Government Code 211.009(c), the concurring vote of four (4) board members (or at least seventy-five (75) percent of the board members) is necessary to:

(i)

Reverse an order, requirement, decision, or determination of an administrative official;

(ii)

Decide in favor of an applicant on a matter on which the board is required to pass per this zoning ordinance; or

(iii)

Authorize a zoning special exception or zoning variance.

Court Remedy.

Any person or persons, jointly or severally, aggrieved by any decision of the zoning board of adjustment, or any taxpayer, or any officer, department, or board of the municipality may present to a district court or county court a petition duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality.