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
interpret the adopted plans and programs to concerned citizens so
that private activities and desire may be accomplished in harmony
with public needs and policies.
(Ordinance 412 adopted 5/27/93)
The planning and zoning commission shall be composed of five
(5) qualified electors of the city. 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. It is the intent of the city council that
members shall, by reason of diversity of their individual occupations,
constitute a commission which is broadly representative of the community.
(Ordinance 412 adopted 5/27/93)
The terms of the members shall be for two years, to be served
concurrent with the term of the mayor. Commission members may be appointed
to succeed themselves. Vacancies shall be filled by the city council
for unexpired terms, but no member shall be appointed for a term in
excess of two years. Newly appointed members shall be installed at
the first commission meeting after appointment.
(Ordinance 412 adopted 5/27/93)
The commission shall hold an organizational meeting at the first
meeting after appointments to the commission are made and shall elect
a chairman from among its members before proceeding to any other matters
of business. The commission shall elect a secretary from its membership
or appoint one from city staff members assigned to work with the commission.
The commission shall keep records of its proceedings consistent with
the provisions of this article and the requirements of law.
(Ordinance 412 adopted 5/27/93)
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 of Texas and city
ordinance.
(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 Chapter 211, and all powers granted under said chapter 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 Chapter 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.
(D)
No fees 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/or
operation of utilities, public facilities and services owned or under
the control of the city.
(Ordinance 412 adopted 5/27/93)
Meetings of the commission shall be held at the call of the
chairman, or in the absence of the chairman, an acting chairman. A
quorum for the conduct of business shall consist of four (4) members
of the commission. 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.
(Ordinance 412 adopted 5/27/93)
(a)
A motion
may be made by any member other than the presiding officer.
(b)
A motion
to approve any matter before the commission or to recommend approval
of any request requiring Council action shall require four (4) favorable
votes of the members present. The minutes shall record the vote of
each member upon each motion, or, if absent or failing to vote, such
fact shall be indicated. All records created by the commission will
be kept in the office of the planning and zoning commission. When
fewer than all the members are present for the voting, consideration
of the application shall be continued to the next meeting upon motion
carried by a majority of those present. Provided further that no request
or application shall be continued under this rule beyond the next
meeting. Failure of the commission to secure four (4) concurring votes
to approve or recommend approval at said next meeting shall be recorded
in the minutes as a denial of the proposal under this rule.
(Ordinance 412 adopted 5/27/93)
(a)
Members
shall disqualify themselves from voting whenever they find that they
have a personal interest or monetary interest in the property under
appeal, or that they will be directly affected by the decision of
the commission.
(b)
Members
may disqualify themselves from voting whenever any applicant, or applicant’s
agent, has sought to influence the vote of a member on applicant’s
application, other than in the public hearing.
(Ordinance 412 adopted 5/27/93)
Nothing in this article should, is intended to or shall be construed
to create any liability of the city, its officers, employees or agents
to any third person as a result of acts or omissions relating to this
article.
(Ordinance 412 adopted 5/27/93)
All of the regulations provided in this article are hereby declared
to be governmental and for the health, safety and welfare of the general
public. Any member of the city council or any city official or employee
charged with the enforcement of this article, acting for the City
of Panhandle in the discharge of his or her duties, shall not thereby
render himself or herself personally liable; and he or she is hereby
relieved from all personal liability for any damage that might accrue
to persons or property as a result of any act required or permitted
in the discharge of his or her said duties.
(Ordinance 412 adopted 5/27/93)
