A. 
MEMBERSHIP:
1. 
There shall be a City Planning and Zoning Commission consisting of five (5) members appointed by the Mayor with approval of the Town Council. Commissioners shall be appointed for terms of two (2) years and shall be selected from the residents of the Town. Each member shall be appointed to a Place with a designated term.
(a) 
Places 1, 3, and 5 terms shall be from October 1st of each odd year to September 30th of the next odd-numbered year.
(b) 
Places 2, 4, and the alternate terms shall be from October 1st of each even year to September 30th of the next even-numbered year.
2. 
The Council may appoint one alternate to a two-year term concurrent with the terms of Places 2 and 4, and may appoint a second alternate member to a two year term concurrent with the terms of Places 1, 3, and 5.
B. 
REMOVAL FROM OFFICE:
The Mayor shall have the authority, with the concurrence of the Town Council, to remove from office all persons appointed to serve on the planning and Zoning Commission who (a.) have accumulated three (3) nonexcused absences in a 12-month period or (b.) any other failure to carry out the duties of a commissioner.
C. 
FILLING VACANCIES:
It shall be the duty of the chairman of the Planning and Zoning Commission to notify the Mayor promptly of any vacancies occurring in membership, and the Mayor, with concurrence of the Council, shall promptly fill such vacancies for the unexpired term of the original appointment.
D. 
OFFICERS, RULES AND MEETINGS:
1. 
The Planning and Zoning Commission shall elect a chairman and vice-chairman from among its members. Terms of all elected officers shall be for one (1) year, which shall run concurrently with the May general election each year. Officers continue to serve until their successors are elected and qualified.
2. 
The Town Secretary or her designee shall serve as Secretary to the Planning and Zoning Commission.
3. 
The Planning and Zoning Commission shall keep a record of meeting attendance, resolutions, actions, findings, and determinations or if absent or abstaining from voting indicating such fact. The minutes of the Planning and Zoning Commission shall be public record.
4. 
A quorum shall consist of three (3) members. An agenda shall be prepared by the Town Secretary or her designee for each meeting of the Planning and Zoning Commission.
5. 
Regular meetings may be held at least once monthly, on a day and time to be established by Planning and Zoning Commission resolution. Meetings may be cancelled or rescheduled as needed.
6. 
Special meetings may be held: (1) on the call of the chairman; or (2) on request of two or more members; or (3) on the call of the Mayor. The calling and posting of such meetings shall be accordance with state law.
7. 
The commission may review and make recommendations to the Mayor and council in matters of zoning and subdivision control, including:
Review proposed plats as required.
Review proposed zoning amendments as required.
Review the comprehensive plan for the Town.
Make written recommendations to the Mayor and Council.
E. 
The Town Engineer shall be a licensed Engineer, and shall:
1. 
Review and make recommendations regarding all Major Plat submittals and Minor Plats where public infrastructure improvements are involved.
2. 
Review and recommend approval, conditional approval, or disapproval of engineering requirements for the Topography and Preliminary Drainage Plan as required on a Preliminary Plat of a Major Subdivision.
3. 
Review and recommend approval, conditional approval, or disapproval of Engineering and other requirements (SECTION 4.4) for the Construction Plans and Calculations.
4. 
Review and recommend approval, conditional approval, or disapproval of any other related materials as required by the Planning and Zoning Commission and/or Town Council.
5. 
Issue Notice to Proceed for construction, monitor construction through the Town’s Inspector and issue Stop-work orders where necessary.
(Ordinance 130 adopted 6/5/00; Ordinance 217-9-2009, sec. 1, adopted 9/14/09; Ordinance 271-10-14 adopted 10/6/14; Ordinance 300-03-17 adopted 3/13/17; Ordinance 329-12-2019 adopted 12/9/19; Ordinance 348-09-2021 adopted 9/13/21)
A. 
Where the Town Council finds that extraordinary hardships or practical difficulties may result from strict compliance with this ordinance or any regulations adopted in compliance with this ordinance, or that public interest may be best served by an alternative proposal, it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured provided that such variances shall not have the effect of nullifying the general intent and purpose of these regulations; and further provided that the Town Council shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:
1. 
The granting of the variance will not be detrimental to public safety, health, or Welfare, or injurious to other property;
2. 
The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property; and
3. 
That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this Ordinance would deprive the applicant of the reasonable use of his land; and
4. 
That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and
5. 
That the granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this ordinance.
6. 
In approving variances, the Town Council may impose such conditions, as will, in its judgment, substantially secure the objectives of these regulations.
B. 
An application for a variance shall be submitted in writing by the applicant at the time when the preliminary plat or final plat is filed for consideration by the Planning and Zoning Commission. The application shall state fully the grounds for the application and all of the facts relied upon by the applicant.
C. 
The Planning and Zoning Commission shall not recommend a variance unless there are special circumstances or conditions influencing the subdivision involved.
D. 
In the recommendation of a variance, the Planning and Zoning Commission shall set out the conditions that it finds necessary or advantageous to the public interest in proposing such variances that will not have the effect of nullifying the intent and purpose of these regulations. Financial hardship to the applicant shall not be deemed sufficient reason to constitute the recommendation of a variance.
E. 
The Planning and Zoning Commission, in the recommendation of a variance to the Town Council, shall submit to them a letter containing all the specific facts and pertinent data upon which such a variance has been based, and such documents shall be entered into the official minutes of the Council Meeting. The Town Council will then vote upon a decision, after considering the material submitted by the Planning and Zoning Commission, and any further information received or requested by the Town Council.
(Ordinance 130 adopted 6/5/00; Ordinance 300-03-17 adopted 3/13/17; Ordinance 329-12-2019 adopted 12/9/19)
A. 
On behalf of the Town, the Town Attorney, with the consent of the Mayor or the request of the Town Council, institute appropriate action in a court of competent jurisdiction to enforce the provisions of this Ordinance or the standards referred to herein with respect to any violation thereof which occurs within any area subject to all or a part of the provisions of this Ordinance.
B. 
In addition thereto any abutting owner or lessee or other person prejudicially affected by the violation of the terms of this Ordinance may resort to any court of competent jurisdiction for any writ or writs, or to obtain such relief, either in law or equity, as may be deemed advisable in these premises.
C. 
If any subdivision exists for which a final plat has not been approved or in which the standards contained herein or referred to herein have not been complied with in full, the Town Council may pass a resolution reciting the facts of such noncompliance and failure to secure final plat approval. The Town Secretary or designee shall when directed by the Town Council cause a certified copy of such resolution under the corporate seal of the Town to be filed in the Deed Records of the County in which such subdivision or part thereof lies. If full compliance and final plan approval are secured after the filing of such resolution, the Town Secretary or designee shall forthwith file an instrument, in the Deed Records of such county stating such.
The Town may take any and all other actions available to it pursuant to Texas or federal law to prosecute a violation of this ordinance, or otherwise obtain compliance.
(Ordinance 130 adopted 6/5/00; Ordinance 300-03-17 adopted 3/13/17; Ordinance 329-12-2019 adopted 12/9/19)