The planning and zoning commission (also referred to as the “commission”) shall function according to the following criteria which establish membership and operating procedures. The powers and duties of the planning and zoning commission are further defined in division 5 of this article.
(2006 Code, sec. 86-81; Ordinance 04-05-610, sec. 8.1, adopted 5/17/04)
(a) 
Commission created.
There is created, in accordance with V.T.C.A., Local Government Code ch. 211 and the home rule charter of the city, the “planning and zoning commission,” hereafter sometimes referred to as the “commission,” which shall consist of seven resident citizens, taxpayers and qualified voters of the city.
(b) 
Alternate members.
In addition to the seven regular members of the planning and zoning commission, [there shall be] two alternate members of the commission who serve in the absence of one or more regular members. At the beginning of each meeting the chairman shall select the alternate member who may serve and vote in the absence of one or more regular members of the commission.
(c) 
Nomination for appointment.
Members or alternate members shall be nominated for appointment by the mayor or by a council member of the city, and each person so nominated shall be approved by a simple majority vote of the city council before becoming a member or alternate member of the commission.
(d) 
Term.
All appointments to the planning and zoning commission shall serve as a member or alternate member of the commission for a term of two years or until removed from the commission by the city council. The city council may remove or replace any commission member or alternate member at any time by a simple majority vote of the full council. No member or alternate member shall serve on the planning and zoning commission for more than three consecutive terms, exclusive of any unexpired term to which the member or alternate member may have been appointed to fill due to a vacancy on the commission.
(e) 
Vacancies.
Any vacancy on the planning and zoning commission shall be filled for the remainder of the unexpired term via appointment by a simple majority vote of the city council.
(f) 
Removal; attendance.
Members and alternate members of the planning and zoning commission serve at will and 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 recommendation of the planning and zoning commission. Failure to attend three consecutive scheduled 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.
(g) 
Meetings; compensation.
The members of the planning and zoning commission shall regularly attend 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 planning and zoning commission shall meet a minimum of once per month at a time established by the commission.
(h) 
Officers.
In January of each year, the planning and zoning commission shall elect from its members a chairman, vice-chairman and secretary to serve for one year beginning in that month. The planning and zoning commission secretary shall keep minutes of all meetings held by the planning and zoning commission as well as the full record of all recommendations made by the commission to the city council.
(i) 
Rules, regulations and bylaws.
The planning and zoning 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 subject to approval by the city council. Such rules, regulations and bylaws shall include, among other items, provisions for:
(1) 
All regular and special meetings to be open to the public, as required by the Texas Open Meetings Act, V.T.C.A., Local Government Code [Government Code] ch. 551;
(2) 
A record to be kept of all proceedings, to be open for inspection by the public, as required by the Texas Open Meetings Act, V.T.C.A., Local Government Code [Government Code] ch. 551;
(3) 
Reporting to the governing body and the public, from time to time and annually as requested; and
(4) 
Rules of order and the holding of public hearings on its recommendations.
(2006 Code, sec. 86-82; Ordinance 04-05-610, sec. 8.2, adopted 5/17/04; Ordinance 04-07-614, sec. 2, adopted 7/19/04; Ordinance 17-07-1050 adopted 7/18/17)
The planning and zoning 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 the following:
(1) 
Quorum.
A quorum shall consist of four voting commission members, and any issue to be voted upon shall be resolved by a majority of those members present.
(2) 
Voting.
Each commission member, including the presiding chairperson, shall be entitled to one vote on any question, if a quorum is present, unless prohibited under subsection (3) of this section.
(3) 
Conflict of interest.
If any member has a conflict of interest regarding any item on the commission’s agenda, he shall remove himself from the room and shall refrain from voting or discussion on the item for which a conflict exists.
(2006 Code, sec. 86-83; Ordinance 04-05-610, sec. 8.3, adopted 5/17/04)
(a) 
The planning and zoning commission shall meet in the city hall building or in some other specified location as may be designated by the presiding chairperson and 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) 
Any meeting of the planning and zoning commission shall be open to the public and posted in accordance with state law. Minutes of all open meetings of the planning and zoning commission shall be kept and are public record.
(2006 Code, sec. 86-84; Ordinance 04-05-610, sec. 8.4, adopted 5/17/04)
Statutes of the state authorizing and empowering cities to regulate the platting and recording of subdivisions or additions within the city’s corporate limits and extraterritorial jurisdiction are hereby adopted, and the planning and zoning commission, acting through its duly authorized officials, shall have all the rights, powers, privileges and authority as authorized and granted by and through all relevant statutes pertaining to regulation of subdivisions in the city’s limits and extraterritorial jurisdiction.
(2006 Code, sec. 86-85; Ordinance 04-05-610, sec. 8.5, adopted 5/17/04)
(a) 
The planning and zoning commission shall have all the rights, powers, privileges and authority as authorized and granted by and through the statutes of the state authorizing and granting cities the power of zoning and subdivision regulation as found in V.T.C.A., Local Government Code chs. 211 and 212 and the city charter, as amended.
(b) 
The planning and zoning commission shall be an advisory body and adjunct to the city council, and shall make recommendations regarding amendments to the comprehensive plan, changes of zoning for real property, zoning and subdivision ordinance amendments, approval of plats of subdivisions, and other planning-related matters. The planning and zoning commission shall conduct a regular review of the city’s comprehensive plan and shall be prepared to make recommendations to the city council, as deemed necessary, to keep the city’s comprehensive plan current with changing conditions and trends and with the planning needs of the city. The planning and zoning commission shall also serve in an advisory capacity on any other planning-related matters in the city, including the periodic review of the city’s impact fee ordinances.
(2006 Code, sec. 86-86; Ordinance 04-05-610, sec. 8.6, adopted 5/17/04)
The procedure and process for zoning changes and amendments to this chapter shall be in accordance with division 5 of this article.
(2006 Code, sec. 86-87; Ordinance 04-05-610, sec. 8.7, adopted 5/17/04)
Whenever the city council and the planning and zoning commission are required by the laws of the state to conduct public hearings in matters pertaining to planning, zoning or subdividing property, and at other times when it is determined to be in the best interest of the city to do so, the city council and the planning and zoning commission are hereby authorized, after published notice as required by law, to hold joint meetings and to conduct joint public hearings.
(2006 Code, sec. 86-88; Ordinance 04-05-610, sec. 8.8, adopted 5/17/04)