The general roles of City officials and agencies under this
ordinance are as follows.
A. City Council
City Council receives and acts upon reports and recommendations
by the City Manager, the Planning and Zoning Commission and the Historic
Commission, establishes zoning districts, determines permitted uses
in each zoning district, adopts amendments to the zoning maps and
the text of this ordinance, designates historic districts and landmarks,
and approves special exceptions to this ordinance and variances from
the literal application of the terms of this ordinance in those cases
authorized by state law.
B. City Manager
Except as otherwise provided in this ordinance, the City Manager
administers and enforces this ordinance, including making determinations
on the proper classification of land uses, receiving all applications
and fees, issuing required notices, inspecting premises, and issuing
building permits, certificates of appropriateness and certificates
of occupancy. References in this ordinance to the City Manager include
the City Manager’s duly authorized representative.
C. Planning and
Zoning Commission
The Planning and Zoning Commission recommends a comprehensive
plan for the development of the City, recommends amendments to the
zoning maps and the text of this ordinance, and conducts studies and
makes recommendations on other matters relating to the planning and
development of the City.
(Ordinance 304 adopted 12/21/00; Ordinance 2009.8.2 adopted 8/11/09)
A. Planning and
Zoning Commission Created
An agency of the city council of the City of Flatonia is hereby
created which shall be known as the Flatonia Planning and Zoning Commission.
Such commission shall consist of seven (7) members, appointed by the
City Council. All members of the Planning and Zoning Commission must
be residents of the City of Flatonia.
B. Terms of Appointment
The members of the commission shall serve for two (2) year terms,
which terms shall expire on the first day of May; provided, however,
that a member shall continue to serve until his successor is appointed
by the council. Four (4) members shall be appointed during even-numbered
years and three (3) members shall be appointed during odd-numbered
years.
C. Powers and
Duties of the Planning and Zoning Commission
1. To prepare
and recommend to City Council for adoption a comprehensive plan for
the City.
2. To hold public
hearings for land use considerations, except variances, and recommend
plans of action to the City Council.
3. To prepare
and recommend to City Council for adoption subdivision regulations
and to approve or disapprove subdivision plats.
4. To prepare
and recommend to City Council for adoption zoning regulations and
to recommend zoning district boundaries, including the power to hold
public hearings, enforce the regulations, and recommend changes in
the regulations and district boundaries.
5. To prepare
and recommend adoption of urban conservation, rehabilitation and redevelopment
programs allowed by state law.
6. To report
on planning and zoning problems that are referred to it for review
by the City Manager or the City Council.
7. To prepare
such surveys, reports and studies as are required for the above and
other authorized purposes.
D. Rules and
Procedures of the Commission
1. Vacancies.
As the terms of office of said positions terminate, the city
council shall, as soon as possible, and at any rate within sixty (60)
days after such expirations, appoint members to fill such vacancies
for a term of two (2) years. The city council, if interim vacancies
occur, shall appoint a successor for the remainder of such term.
2. Commission
May Establish Its Own Rules.
The commission may establish its own rules as to the attendance
of its members at its meetings and, in furtherance of such, the commission
may, by a majority vote, expel any member who, in the opinion of the
commission, misses an unreasonable number of meetings.
3. Parliamentary
Procedure; Meetings Open To Public.
The commission is hereby empowered to establish its own parliamentary
procedure; provided that such shall not be in conflict with the law
applicable to the commission or the following:
a. Quorum:
A quorum shall consist of a majority of the entire membership
of the commission and any issue to be voted on shall be resolved by
a majority of those present.
b. Chairman
Entitled to Vote:
The chairman shall be entitled to vote
upon any question, but shall have no veto power.
c. Meetings:
Meetings shall be open to the public and minutes shall be kept,
and shall be treated as a public record. Meetings shall be held not
less than once each month and shall be held at the city hall, unless
notice of change of meeting place is published in a newspaper of general
circulation in the City of Flatonia.
(Ordinance 304 adopted 12/21/00)
The City Manager shall make determinations on the proper classification
of land uses not explicitly defined in this ordinance or explicitly
named as an allowed or prohibited use in a Table of Permitted Uses,
the Table of Off-Street Parking Requirements, or other provisions
of this ordinance.
A. Said determination
shall be reviewed and affirmed by the City Council at their earliest
possible meeting. In case the final determination cannot be made at
the first meeting, the petitioner shall be notified when it will be
made. In no event shall it be longer than 60 days.
B. All owners
of property which lies within 200 feet of any point of the lot or
portion thereof which will be affected by the proposed land use determination
shall be notified, in writing, at least seven days prior to the City
Council meeting. Said notice shall indicate the time and date of the
meeting, as well as the City Manager’s determination to be reviewed.
C. The petitioner
shall not proceed with the use of the property until after the determination
has been reviewed by the City Council and affirmed.
D. The Planning
and Zoning Commission shall be notified at their next regular meeting
of any determination made by the City Manager.
(Ordinance 304 adopted 12/21/00)
The boundaries of the districts established in the preceding
section are shown upon maps on file in City Hall. Such zoning maps
and all notations, references and other information shown on such
maps are as much a part of this ordinance as if the matters and information
set forth by such maps were all fully described herein.
(Ordinance 304 adopted 12/21/00)
A. Boundaries
indicated as approximately following the centerline of streets, highways,
or alleys shall be construed to follow such centerlines.
B. Boundaries
indicated as approximately following platted lot lines shall be construed
as following such lot lines.
C. Boundaries
indicated as approximately following city limits shall be construed
as following city limits[.]
D. Boundaries
indicated as following railroad lines shall be construed to be the
established centerline of the right-of-way or if no centerline is
established, the boundary shall be interpreted to be midway between
the right-of-way lines.
(Ordinance 304 adopted 12/21/00)
A. Certificate
Required
No land shall be occupied or used and no building
or structure hereafter erected, structurally altered, or extended
shall be used, occupied, or changed in use until a certificate of
occupancy shall have been issued by the City Manager, stating that
the building or structure and proposed use thereof complies with the
provisions of this ordinance.
B. Records to
be Kept
The City Manager shall keep a record of all certificates
of occupancy, and this record shall be available for inspection by
the public.
(Ordinance 304 adopted 12/21/00)