(a) 
Right of inspection.
The administrator is empowered to enter any building, structure, or premises in the city upon which a development or land use is located, as follows:
(1) 
Entry shall be for the purpose of inspection to ensure compliance;
(2) 
Inspection shall be performed during business hours, unless an emergency exists; and
(3) 
Inspection shall be made only after:
(A) 
Contact and permission is granted by the owner or tenant; or
(B) 
An order from a court of competent jurisdiction.
(b) 
Recommendations.
The administrator shall make a report and recommendations with regard to all applications requiring approval from the zoning ordinance.
(c) 
Decisions.
The administrator shall:
(1) 
Establish deadlines for how far in advance an initial application must be submitted to be reviewed by either the city council and/or the planning and zoning commission;
(2) 
Provide application materials for applicants;
(3) 
Schedule all development review committee (DRC) meetings;
(4) 
Decide all approvals as defined in section 14.11.001, Table of Administrative and Public Meeting Approvals; and
(5) 
Submit in writing to an applicant and [any] specific conditions required as a part of conditional approval for any and all applications.
(Ordinance 19-3690 adopted 4/23/19)
(a) 
Home rule charter.
The city council is established by City of Plainview Home Rule Charter, article II, City Council.
(b) 
Powers and duties.
The city council reserves to itself all of the powers and duties that are not expressly delegated within this chapter of the Code of Ordinances.
(Ordinance 19-3690 adopted 4/23/19)
(a) 
Generally.
A regulatory body to be known as the development review committee (DRC) is hereby established for the purpose of:
(1) 
Administering the requirements of this chapter of the Code of Ordinances;
(2) 
Ensure that all information necessary to determine compliance with this chapter of the Code of Ordinances has been provided;
(3) 
Formulating staff recommendations;
(4) 
Rectifying review comments between city departments and referral agencies; and
(5) 
Providing cohesive and timely review of subdivision applications.
(b) 
Membership.
(1) 
The DRC shall be comprised of the city staff designated by the administrator and representatives from each referral agency that reviews development projects in conjunction with the city.
(2) 
Based on the nature of a development, DRC meetings can be limited to those staff and agencies affected by the development, or can be expanded to include additional agencies or staff with review responsibilities.
(c) 
Powers.
The DRC shall have the role to review and provide technical recommendations concerning any application specified in this chapter of the Code of Ordinances. It does not have the power to grant a variance or change zoning classification.
(d) 
Meetings.
DRC meetings shall be convened by the administrator, as necessary.
(Ordinance 19-3690 adopted 4/23/19)
(a) 
Creation.
The city council adopted Ordinance 19-3690 [this chapter], creating an advisory board known as the planning and zoning commission to monitor and implement the city’s zoning ordinance.
(b) 
Membership.
(1) 
Generally.
The commission shall consist of seven members, each to be appointed by the city council for a term of two years and serve at the pleasure of the council.
(2) 
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.
(3) 
Terms of service.
Four members shall serve until January 1 of odd-numbered years, and three members shall serve until January 1 of even-numbered years, and thereafter each member reappointed or each new appointee shall serve for a full term of two years unless removed as hereinabove provided.
(4) 
Alternate members.
The city council may also appoint alternate members to the commission who shall serve in the absence of one or more of the regular members when requested to do so by the chairman of the commission. These alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two years, and any vacancy shall be filled in the same manner and they shall be subject to removal by the same means and under the same procedures as the regular members.
(c) 
Rules and regulations.
(1) 
Minutes.
The commission shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating 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 commission and shall be public record.
(2) 
Action.
The commission shall act by resolution in which, at least, four members must concur to grant approval of the applicant’s request.
(3) 
Attendance.
Each member of the commission shall attend no less than 75 percent of the regular meetings called by the officers of the commission. The secretary of the commission shall make a quarterly report to the mayor and city council showing the attendance of each member of the commission. Any representative failing to attend 75 percent of the regular meetings legally called during any calendar year without an excused absence, as determined by a majority vote of the commission members, shall be automatically disqualified for service on the commission and shall be replaced by the city council.
(4) 
Membership disqualification.
Should any member of the commission move from the city or otherwise become disqualified for any reason, he/she shall be deemed to have vacated the office.
(5) 
Terms of service.
There shall be no limit on the number of terms a member may serve, provided the member is reappointed by the city council.
(6) 
Open meetings.
All business shall be conducted in accordance with the State of Texas Open Meetings Act and other laws applicable to local public bodies.
(d) 
Duties and responsibilities.
The planning and zoning commission is hereby charged with the duty and invested with the authority to:
(1) 
Comprehensive plan.
Recommend to the city council for its adoption updates to its comprehensive plan to facilitate the movement of people and goods, and the health, recreation, safety and general welfare of the citizens of the city.
(2) 
Zoning ordinance amendments.
Recommend zoning ordinance amendments to carry out the goals of the city’s plan; hold public hearings and make recommendations to the city council relating to the creation, amendment, and implementation of zoning ordinance amendments as authorized under state law.
(3) 
Decisions.
Decide all approvals as defined in section 14.11.001, Table of Administrative and Public Meeting Approvals.
(4) 
Other duties.
Work on any other planning and zoning related issue as deemed necessary by the city council.
(5) 
Subdivision regulations.
See section 10.04.006, Planning and Zoning Commission.
(Ordinance 19-3690 adopted 4/23/19)
(a) 
Creation.
A zoning board of adjustment (ZBA) was reestablished by Ordinance 19-3690 [this chapter] in accordance with the provisions of Texas Local Government Code, sections 211.008 through 211.010.
(b) 
Membership.
(1) 
Generally.
The ZBA shall consist of five members, each to be appointed by the city council for a term of two years and removable for cause by the appointing authority upon written charges and after public hearing.
(2) 
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. Three members shall serve until January 1 of odd-numbered years, as heretofore appointed, and two members, as heretofore appointed, shall serve until January 1 of even-numbered years, and thereafter each member reappointed or each new appointee shall serve for a full term of two years unless removed as hereinabove provided.
(3) 
Alternate members.
The city council may also appoint alternate members of the board who shall serve in the absence of one or more of the regular members when requested to do so by the chairman of the board, so that all cases to be heard by the board will always be heard by a minimum number of four members. These alternate members shall serve for a term of two years. Any vacancy shall be filled in the same manner and they shall be subject to removal by the same means and under the same procedures as the regular members.
(c) 
Rules and regulations.
(1) 
Minutes.
The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating 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 public record.
(2) 
Action.
The board shall act by resolution in which at least four members must concur to:
(A) 
Reverse an order, requirement, decision or determination of an administrative official;
(B) 
Decide in favor of an applicant on a matter on which the board is required to approve; or
(C) 
Authorize a variation from the terms of a zoning ordinance that is permitted with board approval.
(3) 
Attendance.
Each member of the commission shall attend no less than 75 percent of the regular meetings. Any representative failing to attend 75 percent of the regular meetings legally called during any calendar year without an excused absence, as determined by a majority vote of the commission members, shall be automatically disqualified for service on the commission and shall be replaced by the city council.
(4) 
Membership disqualification.
Should any member of the commission move from the city or otherwise become disqualified for any reason, he/she shall be deemed to have vacated the office.
(5) 
Terms of service.
There shall be no limit on the number of terms a member may serve, provided the member is reappointed by the city council.
(d) 
Powers and duties of the board.
(1) 
Decisions.
Decide all approvals as defined in section 14.11.001, Table of Administrative and Public Meeting Approvals.
(2) 
Appeals.
The board shall have the power to hear and decide appeals where it is alleged there is error of law or interpretation of this chapter in any requirement or determination made by the administrator in regard to this chapter.
(3) 
Limitation on reapplications.
When the board has denied a proposal, no new applications of similar nature shall be accepted by the board or scheduled for 12 months after the date of board denial. Applications which have been withdrawn at or before the board meeting may be resubmitted at any time for hearing before the board.
(4) 
Limitation of board’s authority.
The board shall have no authority to change any provisions of any ordinance. Its jurisdiction is limited to hardship and borderline cases which may arise. The board may not change the district designation of any land either to a more or less restrictive zone.
(5) 
Administrator decision required prior to any board action.
(A) 
All development applications and questions of interpretation and enforcement shall be first presented to the administrator who shall have officially replied to the applicant prior to any request being presented to the board.
(B) 
An applicant shall have the right to appeal any decision of the board to the courts as provided by the laws of the State of Texas.
(Ordinance 19-3690 adopted 4/23/19)