(a)
This division creates the planning
and zoning commission (“commission”) appointed by the
city council. The commission shall consist of seven (7) members who
shall reside either in the incorporated city limits or its extraterritorial
jurisdiction.
(b)
The members of the commission shall
serve two-year staggered terms, with four (4) members being appointed
in April of even-numbered years and three (3) members being appointed
in April of odd-numbered years.
(c)
On the initial commission, four (4)
of the members shall be appointed for one-year terms and three (3)
of the members shall be appointed for two-year terms. Thereafter,
all terms shall be two-year terms.
(d)
Unless otherwise required by state
law, all members serve at the pleasure of the city council and may
be removed at any time with or without cause.
(Ordinance 2013-21, sec. 1, adopted 8/20/13; Ordinance 2016-20, sec. 3, adopted 10/11/16)
(a)
Unless otherwise determined by city
council, at least five (5) of the members of this commission shall
reside within the corporate limits of the city and no more than two
(2) members shall be residents of the city’s extraterritorial
jurisdiction.
(b)
If a city resident member of the
commission ceases to reside in the city and his or her relocation
reduces the number of city resident commission members below four
(4), that person shall give such notice of such fact and may be deemed
to have resigned from the commission as of the date his or her residence
changed, and the city council shall appoint a resident commission
member to fill the remainder of the resigning member’s term.
The temporary lack of four (4) resident members created by the vacancy
shall not impair the ability of the commission to perform its duties
nor the actions taken by the commission. If a resident commission
member moves to the city’s extraterritorial jurisdiction and
the relocation leaves at least four (4) resident members on the commission,
the relocated member shall continue to hold his or her place on the
commission. A quorum of the commission shall be required to open meetings,
conduct business and take action on any agenda items.
(c)
The city council may take into consideration
an applicant’s history on delinquency in payment of any city
taxes, utility bills, citations, municipal court judgments and assessments
and so forth in qualifying the applicant.
(d)
Notwithstanding any city ad hoc committees
or except where duplicate appointments are authorized by ordinance,
city charter or by state law, a person may not serve as a member of
the planning and zoning commission if he or she is also serving on
the city historic preservation commission, parks and recreation commission,
economic development corporation board of directors, or local government
corporation.
(Ordinance 2013-21, sec. 1, adopted 8/20/13; Ordinance 2016-20, sec. 4, adopted 10/11/16)
(a)
The commission shall have a chairperson
and a vice-chairperson elected from its membership to serve for a
one-year term, officers shall be elected annually by the commission.
If the commission wishes to appoint an officer residing outside of
the city limits, then the commission must request city council approve
such appointment.
(b)
The chairperson shall preside over
the commission and shall have the right to vote on all items before
the commission. The vice-chairperson shall fulfill the duties of the
chairperson when the chairperson is not available for any reason.
(c)
The city manager or his or her designee
shall be an ex officio member of the commission.
(d)
The commission may establish rules
or bylaws as necessary for the orderly conduct of its business, subject
to approval by the city council.
(e)
The commission shall meet at least
monthly, if there is business at hand, at a time and place established
by the commission. Special meetings may be called by the chairperson
or interim chairperson of the commission, city manager or his or her
designee or upon the request of any three (3) commission members.
All meetings of the commission shall be open to the public and shall
conform with the Texas Open Meetings Act, section 551 of the Government
Code.
(f)
A quorum shall consist of a majority
of the members of the commission except that when a vacancy exists,
a quorum shall consist of a majority of the remaining members.
(g)
The commission shall keep a record,
which shall be reasonably available to the public, of its resolutions,
proceedings and actions.
(h)
A commission member shall be required
to complete any state-mandated training, to include but not limited
to Open Meetings Act training, within ninety (90) days after appointment.
Any training expenses incurred by the member may be eligible for reimbursement
by the city subject to the city’s travel and training policy.
(i)
A commission member having any potential conflict of interest on any policy, decision, or determination before the commission shall disclose to each of the other members the nature of his potential conflict and shall abstain from voting on such policy, decision or determination. In the event that the commission member recognizes a conflict or clear potential for conflict of interest, he or she shall recuse him or herself from discussion and action on the topic involving such conflict. The disclosure shall be recorded in the commission’s minutes. Intentional or knowing failure to disclose a conflict of interest shall be governed under the general penalty section as set forth in section
1.01.009 of this code.
(Ordinance 2013-21, sec. 1, adopted 8/20/13; Ordinance 2016-20, sec. 4, adopted 10/11/16)
The commission shall serve in an
advisory capacity to the mayor and city council and shall have the
following purposes and duties, as well as other duties as assigned
by the city council, as necessary to perform the business of the commission:
(1)
Develop, support, and recommend updates
and amendments to the city’s comprehensive plan, at the direction
and with the approval of the mayor and city council;
(2)
Advise the mayor, city council and
staff on matters related to the creation of and amendments to the
Land Development Code for the city;
(3)
Propose regulations governing the
subdivision and zoning of land within the planning and platting jurisdiction
of the city;
(4)
Review and recommend consent, denial,
or conditional consent to zoning and subdivision platting and zoning
and site development applications within the platting and planning
jurisdiction of the city;
(5)
Hear and decide appeals from staff decisions regarding sign regulations, section
4.02 of the Unified Development Code;
(6)
Hear and decide special exceptions
to the terms of the sign regulations;
(7)
Authorize, upon appeal in specific
cases, such variances from the terms of the sign regulations as will
not be contrary to the public interest, where literal enforcement
would result in unnecessary hardship; and
(8)
Perform such other functions as the
city council may from time to time grant to the commission for the
purpose of promoting the health, safety, morals or general welfare
of the city.
(Ordinance 2013-21, sec. 1, adopted 8/20/13; Ordinance 2016-20, sec. 4, adopted 10/11/16; Ordinance 2022-16 adopted 6/21/2022)