2.1.1 
The City Council has all powers by the City Code of Ordinances and this Unified Development Code. The City Council shall have final decision-making authority on all planning-related regulations.
2.1.2 
After a public hearing is held and after reports and recommendations are provided by the Development Officer, Planning and Zoning Commission or another board or commission of the City, the City Council shall hear and decide the following applications:
a. 
Proposed amendments to the text of the UDC;
b. 
Proposed amendments of the Official Zoning Map, including Specific Use Permits;
c. 
Proposed Planned Developments;
d. 
Variances that are not under the authority of the Board of Adjustment;
e. 
Any other action not delegated to another board or commission as the City Council may deem necessary to implement the provisions of the UDC, provided such action is not contrary to the requirements of the UDC or State law.
2.1.3 
Appeals.
The City Council shall hear and decide appeals from decisions of the Planning and Zoning Commission.
2.1.4 
Final Decision-Making.
The City Council shall have the final decision-making authority for the following applications and actions:
a. 
Amendments to the text of this UDC;
b. 
Amendments to the official zoning map (e.g., rezonings);
c. 
Establishing a schedule of fees by separate resolution for administering and enforcing this UDC;
d. 
Appeals and variances which are not under authority of the Board of Adjustment;
e. 
After a public hearing and recommendation from the Planning and Zoning Commission, reviewing and deciding on amendments to the Comprehensive Master Plan, and development master plans; and
f. 
Reviewing, deciding, or taking any other action necessary which is not delegated to the Planning and Zoning Commission, Zoning Board of Adjustment, other appointed board or commission, or City staff as the City Council may deem desirable and necessary to implement the provisions of this UDC and the goals and objectives of the City, provided that such action is not contrary to requirements of this UDC, the City’s Home Rule Charter, or state law.
(Ordinance 1148-01-18 adopted 1/8/18)
2.2.1 
There is hereby created a Planning and Zoning Commission to be composed of at least seven (7) members who are qualified voters and residents of the City. The Planning and Zoning Commission is authorized by Chapter 211, Municipal Zoning Authority, of the Tex. Local Gov’t Code. This Section is adopted pursuant to these statutory and municipal authorizations. Consequently, amendment of the state statute after the effective date may modify, delete, or supplement the provisions of this Section.
2.2.2 
Time and Place of Meetings.
The Planning and Zoning Commission shall meet in regular session at least once during each calendar month. Special meetings shall be held at the call of the Chairman, upon request of any two members, and at such other times as the Planning and Zoning Commission may determine. All Planning and Zoning Commission meetings to transact official business shall be open to the public. All meetings shall be held in conformance with the Texas Open Meetings Act, Chapter 552 of the Texas Government Code.
2.2.3 
Minutes.
The Planning and Zoning Commission shall keep minutes of its meetings, hearings and proceedings. Such minutes shall include a record of all actions, findings, and determinations of the Planning and Zoning Commission and shall show the vote of each member upon each question, or if absent or failing to vote, indicating such fact. The minutes and records of the Planning and Zoning Commission shall be filed in the City Secretary’s Office and shall be public records open for public inspection. The City Secretary’s Office shall provide for the safekeeping of its minutes and records.
2.2.4 
Procedure
a. 
The term of the person to be appointed by the Mayor and approved by the City Council shall be two years. Each member may be eligible to serve three consecutive two-year terms if reappointed by City Council. After three consecutive two-year terms have been served by a member, there must be a two-year interval in service before he/she may be reappointed to the Planning and Zoning Commission by the City Council. In the event that a vacancy occurs during the term of any member, his/her successor shall be appointed to serve for the unexpired position of the term.
b. 
Nothing in this section prohibits a member appointed to the Planning and Zoning Commission by the City Council to serve on a separate City Board or Commission consecutively after the expiration of his/her term on the Planning and Zoning Commission.
c. 
Vacancies shall be filled for unexpired terms. A vacancy in a term of office shall occur whenever the City Council finds that a member has resigned, has not maintained the qualifications required for appointment, or has failed to attend three (3) consecutive scheduled meetings or 50% of the total number of meetings held in any 12-month period.
2.2.5 
Duties and Powers
a. 
The Planning and Zoning Commission shall have the following duties:
i. 
Review and Decision. The Commission shall review and decide the following types of applications for development approval:
ii. 
Preliminary and final plats;
iii. 
Deleted.
Editor’s note–Pursuant to Ord. 1188-10-18, sec. 2(A), subsection (iii) above was deleted.
iv. 
Modify, vary, or waive the regulations, including the imposition of other reasonable conditions, of the standards included in the parts set out in Chapter 8, Subdivision Design and Improvements, in order that a subdivider may subdivide property in a reasonable manner, provided that such modification, variation, or waiver will not nullify the intent or purpose of this UDC and that the public welfare, interest of the City, and the protection of the surrounding area [are preserved].
b. 
Review and Recommendation after a Public Hearing. The Commission shall review and make a recommendation after a public hearing on the following:
i. 
Amendments to the text for the UDC; and
ii. 
Proposed amendments to the Official Zoning Map, including permitted uses and specific use permits.
iii. 
Studies and Policy Recommendations to the City Council. The Commission is empowered to, on its own initiative or as requested by the City Council to:
iv. 
Submit reports, plans and recommendations for the orderly growth, development and welfare of the City;
c. 
Periodically review this UDC and the Official Zoning Map and make recommendations regarding amendments; and
d. 
Periodically review the Comprehensive Master Plan and other plans of the City make recommendations regarding amendments.
e. 
Other Powers of the Planning and Zoning Commission.
i. 
Ensure that new development is consistent with the policies of the Comprehensive Master Plan;
ii. 
Establish procedure and standards governing the preparation, filing, and approval of land subdivision plats and data to be submitted for approval;
iii. 
Establish the alignment of streets within subdivisions with other existing or planned streets, or with other features of the City;
iv. 
Establish minimum standards governing stormwater management, flood damage prevention; streets, sidewalks, trails, and utilities; parking, loading, access; lighting; and other required improvements;
v. 
Ensure conformance of subdivision and site development plans with the capital improvement program of the City;
vi. 
Ensure that subdivisions and subdivision improvements are designed to: Reduce potential impacts on street congestion by: providing alternative travel routes; promoting alternative modes of transportation; shortening journey to work trips; or lessening overall vehicle miles traveled; Promote the orderly layout and use of land; Secure safety from fire and other dangers; Mitigate the impacts and threats of life and property due to flooding resulting from significant storm events; Facilitate adequate provision of transportation, potable water, wastewater, parks, playgrounds, and other public requirements; Protect groundwater and surface water resources from contamination; Assure the prospective purchaser of a subdivision lot that necessary streets, sewers, drainage, sidewalks, and parks are available; Protect the integrity of the purchaser’s title by requiring certification that monuments and markers are installed according to the locations designated on the approved plat; Assure that facilities to be accepted and maintained by the City are properly located and constructed; Approve street names concurrently with the approval of the subdivision; Ensure lots on major street intersections and at all acute angle intersections are not likely to be dangerous to the traffic movement; Review, consider, and recommend to the City Council, in coordination with the Development Officer for the location of acreage reserved for parks, or playgrounds; Accept a performance bound as a guarantee in-lieu of completed improvements; Review, consider, and impose [conditions on subdivisions] to be developed in phases;[.]
(Ordinance 1148-01-18 adopted 1/8/18)
2.3.1 
There is hereby established a Board of Adjustment to be composed of five (5) regular members who shall be qualified electors of the City. Up to five (5) alternate members may be appointed by the City Council. The Zoning Board of Adjustment is authorized by Texas Local Government Code Section 211.008, Board of Adjustment. This Section is adopted pursuant to this statutory authorization. Consequently, amendment of the State Statute after the effective date may modify, delete, or supplement the provisions of this Section.
2.3.2 
Time and Place of Meetings.
The Zoning Board of Adjustment shall meet at least monthly if business is at hand during each calendar month. Special meetings shall be held at the call of the Chairman, upon request of any two members, and at such other times as the Zoning Board of Adjustment may determine. All Zoning Board of Adjustment meetings to transact official business shall be open to the public. All meetings shall be held in conformance with the Texas Open Meetings Act, Chapter 552 of the Texas Government Code.
2.3.3 
Minutes.
The Zoning Board of Adjustment shall keep minutes of its meetings, hearings, and proceedings. Such minutes shall include a record of all actions, findings, and determinations of the Zoning Board of Adjustment, and shall show the vote of each member upon each question, or if absent or failing to vote, indicating such fact. The minutes and records of the Zoning Board of Adjustment shall be filed in the City Secretary’s Office and shall be public records open for public inspection. The City Secretary’s Office shall provide for the safekeeping of its minutes and records.
2.3.4 
Procedure
a. 
The Board shall elect a chairman from among its members to preside at meetings. Four (4) members of the Board shall constitute a quorum for the conduct of business. However, 75% of the membership of the board must hear, and a concurring vote of 75% of the membership is necessary to:
b. 
Reverse an order, requirement, decision, or determination of an administrative official;
c. 
Decide in favor of an applicant on a matter on which the board is required to pass under a zoning ordinance; or
d. 
Authorize a variation from the terms of a zoning ordinance.
2.3.5 
Duties and Powers.
The Board of Adjustment shall review and decide variances from the Zoning Development Standards.
2.3.6 
Appeal from Decision of Board.
Any person aggrieved by any decision of the Board of Adjustment, or any officer, department or other board or commission of the City, may appeal the decision or action of the Board of Adjustment by filing a petition for same in a court of competent jurisdiction, setting forth that such decision is illegal in whole or in part, and specifying the grounds for the alleged illegality. Such petition shall be filed with the court within ten (10) calendar days from the day the Board renders its decision, and not thereafter. The official day of Board decision shall be the day that the minutes, of the meeting in which the Board considered the appeal, are filed with the City Secretary. The time period set forth herein shall be deemed jurisdictional.
(Ordinance 1148-01-18 adopted 1/8/18)
2.5.1 
The Development Officer shall be the designated authority charged with the administration and enforcement of this Ordinance. The City Manager or a designee of the City Manager shall serve in this capacity. The Development Officer may also serve as the staff liaison to the Planning and Zoning Commission, Board of Adjustment, city staff, and citizens relating to the administration, interpretation, implementation, and enforcement of the provisions of this Ordinance.
2.5.2 
Duties: The Development Officer shall have the following duties:
a. 
Shall review all development applications and submittals in accordance with the procedures and standards of this Ordinance.
b. 
Shall have the power to make inspections of construction sites, buildings and premises to carry out the duties prescribed herein.
c. 
Shall examine all building permit applications and shall certify that the proposed construction, moving, alteration, or use complies with the provisions of this Ordinance.
d. 
Shall certify all Certificates of Occupancy prior to their issuance.
e. 
Shall investigate alleged violations of this Ordinance, and shall conduct a visual inspection of all uses within the City. If a violation or suspected violation is found, enforcement efforts shall be undertaken by the Code Enforcement Division.
f. 
Shall perform such other duties as assigned by the City Manager relating to the administration, interpretation, implementation, and enforcement of the provisions of this Ordinance.
(Ordinance 1148-01-18 adopted 1/8/18)
Application Type
City Council
Planning and Zoning Commission
BOA
Development Officer
City Council
 
 
 
 
Master Plan Amendment
D
R
 
RR
Zoning Map Amendment
D
R
 
RR
Specific Use Permit
D
R
 
RR
Planned Development
D
R
 
RR
Variances (Not BOA)
D
R
 
RR
Written Interpretation/Administrative Appeal
D
R
 
RR
Annexation
D
 
 
RR
Development Agreement
D
R
 
RR
Planning and Zoning Commission
 
 
 
 
Preliminary Plat
A
D
 
RR
Final Plat
A
D
 
RR
Site Plan
A
A
 
D
Variance (Subdivision)
A
D
 
RR
Zoning District Boundary Interpretation
A
D
 
RR
Board of Adjustment (BOA)
 
 
 
 
Variance (Zoning)
 
 
D*
RR
Administrative Appeal
 
 
D
RR
Development Officer
 
 
 
 
Interpretation
 
 
A
D
Sign Permit
 
 
A
D
Minor Plat
 
A
 
D
Certificate of Occupancy
 
 
A
D
*Appeals for BOA decisions may be appealed to the 38th District Court in Medina County, pursuant Section 3.13.2 [3.13.1] of the UDC
KEY:
A = APPEAL
 
R = RECOMMEND
 
D = FINAL ACTION/DECISION
 
RR = REVIEW/REPORT
(Ordinance 1148-01-18 adopted 1/8/18; Ordinance 1188-10-18, sec. 2(A), adopted 10/22/18)