5.1.1
Planning and Zoning Commission.
A.
Creation.
1.
There is hereby created and established for the City of Smithville, Texas, a planning and zoning commission which shall be composed of five (5) members.
2.
The members shall be resident citizens, taxpayers, and qualified voters of the city, all of who shall be appointed by the city manager subject to confirmation by the governing body.
3.
All vacancies shall be filled in the same manner as provided for the original appointments.
4.
Members of the commission may be removed by the city manager, with the consent of the governing body,[.]
B.
Appointment.
1.
The members of the commission shall serve without compensation.
2.
The members of the planning and zoning commission first appointed shall continue their term of office as specified as being concurrent with the term of office of the elected mayor, and thereafter for a term of two (2) years.
3.
Members shall attend all meetings. More than three (3) absences from Planning and Zoning Commission meetings in one calendar year shall be cause for removal from the Commission.
C.
Offices and Powers.
1.
The planning and zoning commission shall elect a chairman and vice-chairman from its membership every two years at reappointment time and shall have power to employ such qualified persons as may be necessary for the proper conduct and undertakings of the commission and to pay for their services and such other necessary expenses, provided that the cost of such services and expenses shall not exceed the amount appropriated by the governing body for the use of the commission.
2.
It shall also have the power to make rules, regulations, and bylaws for its own government, which shall conform as nearly as possible with those governing the governing body and same shall be subject to approval by such City Council. Such bylaws shall include, among other items, provisions for:
3.
The planning and zoning commission shall have the power and it shall be its duty to make and recommend for adoption a comprehensive plan, as a whole or in parts, for the future development and redevelopment of the municipality and its extraterritorial jurisdiction, to make recommendations to the City Council for approval or disapproval of plats, and shall have power and it shall be its duty to prepare a comprehensive plan and ordinance for zoning the city in accordance with Chapter 213, Texas Local Government Code. The commission shall perform such other duties as may be prescribed by ordinance or state law.
5.1.2
Zoning Board of Adjustment.
A.
Governing Body Acting as Board of Adjustment.
Pursuant to Texas Local Government Code § 211.008(g), the members of the City Council of the City of Smithville have the authority to act as the Board of Adjustment, or the Board, under Chapter 211, Texas Local Government Code.
B.
Terms.
Each member of the Board shall serve a two-year term, to run concurrently with his or her term of office as members of the governing body of the city.
E.
Rules and regulations.
1.
All orders and other enactments adopted by the Board shall be in accordance with this appendix and its rules and regulations.
2.
The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, of if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions.
3.
Each case shall be heard by at least five Board members. When five members hear a case, the concurring vote of four members of the Board shall be necessary to: (1) reverse any order, requirement, decision or determination of an administrative official, or (2) to decide in favor of the applicant on any matter upon which the Board is authorized to act. When six members hear a case, the concurring vote of five members of the Board shall be necessary to: (1) reverse any order, requirement, decision or determination of an administrative official, or (2) to decide in favor of the applicant on any matter upon which the Board is authorized to act.
4.
A motion may be made by any member other than the presiding officer.
F.
Powers of the Board of Adjustment.
1.
The Board of Adjustment has the authority to:
a.
hear and decide appeals when error is alleged in any order, requirement, decision or determination made by an administrative official in enforcement of the act or zoning ordinance;
b.
hear and decide special exceptions as allowed or required by the zoning ordinances, in appropriate cases and subject to appropriate conditions and safeguards, in harmony with the general purpose and intent, and in accordance with general or specific rules contained in the various city ordinances; and
2.
Authorize in specific cases variances from the terms of this Ordinance in accordance with Section 5.5. Each case before the board of adjustment must be heard by at least 75 percent of the members.
3.
Before the tenth day before the hearing date, written notice of each public hearing before the Board of Adjustments on a request for variance shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the property on which the request for variance is made. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in the United States mail. Responses to such notices shall be duly noted and entered into the minutes of the Board of Adjustment hearing.
4.
In exercising its authority to decide an appeal, 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.
5.
The concurring vote of at least 75 percent of the members of the Board is necessary to:
G.
Procedure for appeals to the Board.
1.
Appeal to Board.
b.
The appellant must file with the City Secretary, specify the grounds for the appeal, and pay a filing fee as may be prescribed by the City Council. Such shall be filed with the City Secretary within 30 days after the action complained of was committed. On receiving the notice, the City Secretary and administrative or building official shall transmit to the Board all the papers constituting the record of the action that is appealed.
c.
An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the Board facts supporting the official’s opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by a court of record.
d.
The Board shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest. A party may appear at the appeal hearing in person or by agent or attorney. The Board shall decide the appeal within a 60-day period from the filing of the appeal.
e.
A member of the City Council may not appeal a decision by an administrative official to the Board.
2.
Final Decision.
The Board’s final decision shall be immediately filed with the City Secretary. The time and date that the Board’s final decision is filed with the Board’s office shall be stamped on the face of the decision.
H.
Limitations.
1.
No appeal under this article may be filed by the same applicant within 365 days of the date upon which the Board denied such appeal, request or application, unless other property in the immediate vicinity has, within the 365-day period, been changed or acted on by the Board so as to alter the facts and conditions upon which the previous Board action was based. Such change of circumstances shall permit the rehearing of an appeal, request or application by the Board prior to the expiration of the 365-day period, but such conditions shall in no way have any force in law to compel the Board to reconsider the appeal, request or application. Such subsequent rehearing shall be considered entirely on its merits and the peculiar and specific conditions related to the property with reference to which such proceeding is brought.
2.
Any appeal, request or application approved by the Board, either under the provision of this appendix or under the authority granted to the Board under the statutes of the State of Texas, shall authorize the issuance of a Building permit or a certificate of occupancy, as the case may be, for a period of ninety days from the date of the favorable action on the party of the Board unless the Board in its minutes shall, at the same time, approve a longer period. If an application for such building permit or certificate of occupancy is not filed within the 90-day period or such extended period as the Board may specifically approve, then the approval of the appeal or variance shall be deemed waived and all rights there under terminated. Such termination and waiver shall be without prejudice to a subsequent appeal, request or application to the Board in accordance with the rules and regulations herein contained.
I.
Appeals from the Board of Adjustment.
Any person or persons, jointly or severally, aggrieved by any decision of the Board or any taxpayer, or any officer, department, or board of the city may present any such matter to a court of competent jurisdiction for review after the final action of the Board thereon and in the manner and upon the terms provided by the laws of the state.
5.1.3
Airport Zoning Board.
A.
Subject to like provisions being made by the Commissioners Court of Bastrop County, Texas, by proper order, duly promulgated and entered on its minutes, and as authorized by the provisions of Chapter 391 of the Acts of the Regular Session of the 50th Legislature, 1947, there is hereby created a joint airport zoning board, to be known as the Smithville-Bastrop County Joint Airport Zoning Board, which shall have the powers and exercise the duties set forth in Section 2 and 3 of Chapter 391 of the Acts of the Regular Session of the 50th Legislature, 1947.
B.
The Smithville-Bastrop County Joint Airport Board shall be composed of five (5) members, two (2) to be appointed by the City Council of the City of Smithville, Texas, and two (2) members appointed by the Commissioners Court of Bastrop County, Texas. The fifth member shall be elected by a majority of the members so appointed and said fifth member shall serve as chairman of the said Smithville-Bastrop County Joint Airport Zoning Board.
(Ordinance 2018-555 adopted 10/16/18)