(Code 1983, § 14-1(a); Ord. No. C-277, §§ 1—4, 6, 1-27-1982)
A planning and zoning commission is hereby 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 help the public understand the plans and programs adopted by the city council so that concerned citizens can carry on their private activities in harmony with public needs and policies.
(Code 1983, § 14-1(b); Ord. No. C-277, §§ 1—4, 6, 1-27-1982; Ord. No. C-277(A0312), § 1, 3-19-2012; Ord. No. CSO#1826-08-2021, § 1, 8-16-2021; 1-23-2023 by Ord. No. 4089-01-2023)
(a) 
The planning and zoning commission membership shall be in compliance with chapter 2, article II, section 2-31(e) for number of members and section 2-33(a) for qualifications.
(b) 
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.
(c) 
Place eight shall be an ex officio, non-voting place on the commission and be designated for appointment of a student who is a resident of the city and who, at the time of appointment, is 15 to 17 years of age and enrolled in an accredited school recognized by the state commissioner of education or a home school participant. In the event that a qualified student is not identified for appointment, place eight shall remain vacant until a qualified student is identified to be appointed.
(d) 
It is the intent of the city council that members shall, by reason of diversity of their individual interests and experience, constitute a commission which is broadly representative of the community.
(e) 
The members of the commission shall regularly attend meetings and public hearings of the commission and shall serve without compensation, except for reimbursement of authorized expenses attendant to the performance of their duties.
(f) 
Absences from commission meetings shall be treated in accordance with the provisions of section 2-34.
(Code 1983, § 14-1(c); Ord. No. C-277, §§ 1—4, 6, 1-27-1982; Ord. No. C-277(A0312), § 2, 3-19-2012; 1-23-2023 by Ord. No. 4089-01-2023)
Each member of the commission shall serve terms in compliance with chapter 2, article II, section 2-31(d).
(Code 1983, § 14-2(a); Ord. No. C-277, §§ 4, 6—8, 1-27-1982)
The city council shall appoint a chairperson of the planning and zoning commission in October of each year. The commission shall hold an organizational meeting in October and shall elect a vice-chairperson from among its members, to be ratified by the city council.
(Code 1983, § 14-2(b), (c); Ord. No. C-277, §§ 4, 6—8, 1-27-1982; Ord. No. C-277(A0312), § 3, 3-19-2012; Ord. No. CSO#924-11-2018, § 1, 11-12-2018; Ord. No. CSO#1826-08-2021, § 2, 8-16-2021)
(a) 
The planning and zoning commission shall meet regularly and shall designate the time and place of its meetings. The commission shall adopt its own rules of procedure and keep a record of its proceedings consistent with the provisions of this chapter and the requirements of law. A quorum for the conduct of business shall consist of four members of the commission, but the place eight student member provided in subsection 62-32(c) shall not count towards a quorum.
(b) 
Planning and zoning commission actions shall be by a motion which may be made by any member of the commission except for the place eight student member provided in subsection 62-32(c). The place eight student member provided in subsection 62-32(c) shall not vote on any motion.
(Code 1983, § 14-2(d); Ord. No. C-277, §§ 4, 6—8, 1-27-1982)
(a) 
Generally.
Members shall disqualify themselves from voting whenever it appears that they have a personal or monetary interest in the matter before the planning and zoning commission or that they will be directly affected by the decision of the commission, it being understood that decisions of the commission by their very nature will indirectly affect all residents of the community and that this provision does not apply to members who, though directly affected, are affected only to the extent that they are members of the community at large. A member may disqualify such member's self from voting whenever any applicant, or applicant's agent, has sought to influence the vote of the member on such applicant's application, other than in the public hearing.
(b) 
Conflict of interest regarding subdivision plats; penalty.
(1) 
In this section, the term "subdivided tract" means a tract of land, as a whole, that is subdivided. The term does not mean an individual lot in a subdivided tract of land.
(2) 
A person has a substantial interest in a subdivided tract if the person:
a. 
Has an equitable or legal ownership interest in the tract with a fair market value of $2,500.00 or more;
b. 
Acts as a developer of the tract;
c. 
Owns ten percent or more of the voting stock or shares of or owns either ten percent or more or $5,000.00 or more of the fair market value of a business entity that:
1. 
Has an equitable or legal ownership interest in the tract with a fair market value of $2,500.00 or more; or
2. 
Acts as a developer of the tract; or
3. 
Receives in a calendar year funds from a business entity described by subsection (b)(2)c that exceed ten percent of the person's gross income for the previous year.
(3) 
A person also is considered to have a substantial interest in a subdivided tract if the person is related in the first degree by consanguinity or affinity, as determined under V.T.C.A., Government Code ch. 573, to another person who, under subsection (b)(2) of this section, has a substantial interest in the tract.
(4) 
If a member of the municipal authority responsible for approving plats has a substantial interest in a subdivided tract, the member shall file, before a vote or decision regarding the approval of a plat for the tract, an affidavit stating the nature and extent of the interest and shall abstain from further participation in the matter. The affidavit must be filed with the municipal secretary or clerk.
(5) 
A member of the municipal authority responsible for approving plats commits an offense if the member violates subsection (b)(4) of this section. An offense under this subsection is a class A misdemeanor.
(6) 
The finding by a court of a violation of this section does not render voidable an action of the municipal authority responsible for approving plats unless the measure would not have passed the municipal authority without the vote of the member who violated this section.
(Code 1983, § 14-3; Ord. No. C-277, § 5, 1-27-1982)
The planning and zoning commission is hereby charged with the duty and invested with the authority to:
(1) 
Inspect property and premises at reasonable hours where required in the discharge of its responsibilities under the laws of the state and of the city.
(2) 
Formulate and recommend to the city council for its adoption a city 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 city 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 in V.T.C.A., Local Government Code § 211.001 et seq. All powers granted under said act are specifically adopted and made a part hereof.
(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 V.T.C.A., Local Government Code chs. 42, 43 and 212.
(5) 
Study and recommend on the location, extension and planning of public rights-of-way, parks or other public places, and on the vacating or closing of same.
(6) 
Study and recommend on the general design and location of public buildings, bridges, viaducts, street fixtures and other structures and appurtenances. Study and recommend 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:
a. 
For the opening, vacating or closing of public rights-of-way, parks, or other public places;
b. 
For the original zoning of annexed areas; and
c. 
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 for its adoption, policies and regulations consistent with the adopted city plan governing the location and operation of utilities, public facilities and services owned or under the control of the city.
(9) 
Submit in each October a progress report to the city council summarizing its activities, major accomplishments for the past year, and a proposed work program for the coming year. The report shall contain for the year the attendance record of all members and the identity of commission officers.
(10) 
Prepare and submit as a recommendation to the city council, a five-year capital improvements plan.
(11) 
Prepare and recommend to the city council a city annexation policy and update the same periodically.
(12) 
Members of the commission shall comply with all statutory time limits, public notices, and the Texas Open Meetings Act.
(13) 
The commission, at the direction of the city council, shall study, hold public hearings and submit reports on any topics pertaining to planning and zoning that the council deems appropriate.
(14) 
The commission shall conduct an ongoing assessment program pertaining to the planning and zoning ordinances of the city, recommending to the city council all necessary changes and updating of said ordinances.