A planning and zoning commission is created in order to accomplish
the following purposes:
(1)
To
identify community needs and to advise the board 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 desires may be accomplished in harmony
with public needs and policies.
(Ordinance 053 Rev. 1, sec. 1, adopted 6/15/2021)
The planning and zoning commission shall be composed of five
(5) persons with five (5) qualified electors of the city. Each alderman
will appoint one (1) member to the planning and zoning commission.
The board of aldermen 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 board that members shall, by reason of diversity
of their individual backgrounds, constitute a commission that is broadly
representative of the community.
(Ordinance 053 Rev. 1, sec. 2, adopted 6/15/2021)
The terms of the commission members shall run concurrent with
that of the appointing alderman. Commission members may be appointed
to succeed themselves. Vacancies shall be filled 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 regular commission
meeting after their appointment. A majority vote of the board may
remove members at any time, with or without cause.
(Ordinance 053 Rev. 1, sec. 3, adopted 6/15/2021)
The chairperson shall be voted by the planning and zoning commission
with a recommendation sent to the board of aldermen for final approval.
(Ordinance 053 Rev. 1, sec. 4, adopted 6/15/2021)
The commission shall hold an organization meeting in June of
each year. The commission shall select a secretary and such other
officers as it deems necessary from its membership. The commission
shall meet regularly and shall designate the time and place of its
meetings. The commission shall keep a record of its proceedings consistent
with the provisions of this division and the requirements of law.
(Ordinance 053 Rev. 1, sec. 5, adopted 6/15/2021)
The planning and zoning commission is charged with the duty
and invested with the authority to:
(1)
Inspect
property at reasonable hours when required to discharge its responsibilities
under the laws of the state and of the city.
(2)
Formulate
and recommend to the board for its adoption a comprehensive 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 will facilitate
the movement of people and goods, and will promote the health, recreation,
safety, and general welfare of the citizens of the city.
(3)
Formulate
a zoning plan to best carry out the goals of the comprehensive plan;
hold public hearings and make recommendations to the board relating
to the creation, amendment, and implementation of zoning regulations
and districts as provided by ordinance, [and the] Local Government
Code, as amended, authorizing cities to pass regulations.
(4)
Exercise
all the powers of a commission to provide recommendations to the board
for approval or disapproval [of] the plans, plats, or replats and
vacations of plans; plats or replats only if they are variances to
zoning ordinances [or] as set out in the subdivision ordinance and
chapter 212 (Municipal Regulation of Subdivisions and Property Development),
Texas Local Government Code, or floodplain management issues. The
following limitations are imposed as to replats and construction permits:
(A)
Replats.
Combinations and single divisions of Highland
Haven subdivision platted lots require P&Z action.
(B)
Construction.
Permitting review by P&Z is only required for new residence construction and major residential remodeling as pertains to the first floor elevation requirement under the floodplain management ordinance (article 4.04). P&Z review and recommendation may be limited to that of the P&Z or designated representative.
(5)
Study
and make recommendations on the location, extension, planning, vacating,
and closing of public rights-of-way, public parks, and other public
places.
(6)
Study
and make recommendations concerning the capital improvements program,
including the construction of public buildings, bridges, street fixtures,
and other structures and appurtenances. Study and make recommendations
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: for the opening, vacating, or closing of public rights-of-way,
parks, or other public places; for the original zoning of annexed
areas; and for the change of zoning district boundaries on an area-wide
basis and to forward its recommendations regarding same to the board.
(8)
Formulate
and recommend to the board policies and regulations consistent with
the adopted comprehensive plan governing the location and/or operation
of utilities, public facilities, and services owned or under the control
of the city.
(9)
Review
and make recommendations concerning annexation of land into the city.
(Ordinance 053 Rev. 1, sec. 6, adopted 6/15/2021)
(a)
Any
member may make a motion.
(b)
A
motion to approve any matter before the commission or to recommend
approval of any request requiring board action shall require a majority
vote of the quorum of the members present. When fewer than all the
members are present for the voting and when all motions to recommend
on a given application fail to carry by a majority of the quorum of
members present, consideration of the application shall be continued
to the next regular meeting upon motion carried by a majority of those
present. However, a request or application shall not be continued
to the next regular meeting and shall be recorded in the minutes as
a denial if all the members are present for the vote and a motion
fails to carry by a majority vote.
(Ordinance 053 Rev. 1, sec. 7, adopted 6/15/2021)
(a)
A
member shall disqualify himself/herself from voting whenever they
find that they have a personal or monetary interest in the property
under appeal or that they will be directly affected by the decision
of the commission.
(b)
A
member must disqualify himself or herself from voting whenever any
applicant, or the applicants, has sought to unduly influence the vote
of the member on the application, other than in the public hearing.
(Ordinance 053 Rev. 1, sec. 8, adopted 6/15/2021)
(a)
Election of acting chairperson.
In the absence of both
the chairperson and vice-chairperson, the commission shall elect an
acting chairperson.
(b)
Meetings.
(1)
Quorum.
A quorum shall consist of a majority of the
appointed members holding office. In case of more than one vacancy,
no less than three members shall be required for a quorum.
(2)
Agenda.
An agenda shall be prepared for each meeting
of the commission, and shall attach to each agenda a report of matters
pending further action by the commission. The secretary shall post
a copy of the agenda on the city hall outside bulletin board as required
by law for a period of three full calendar days, not counting the
day of posting, but which may count the day of the meeting.
(3)
Regular meetings.
Regular meetings shall be held in
the city hall, unless otherwise determined by the commission.
(4)
Special meetings.
Special meetings for any purpose may
be held on the call of the chairperson, or on request of two or more
members and by giving written notice to all members deposited in the
mail, by email, or by telephone at least 72 hours before the meeting,
or as may be scheduled by a majority of the commission at any previous
meeting. The time and place of the special meeting shall be determined
by the convening authority.
(5)
Appearance at meetings.
Any party in interest may appear
in his own behalf or be represented by counsel or agent.
(c)
Official records.
(1)
Official records defined.
The official records shall
be the minutes of the commission, together with all findings, decisions,
and other official records of the commission.
(2)
Recording of vote.
The minutes of the commission's proceedings
shall show the vote of each member, or indicate a member's absence
or failure to vote.
(3)
Files retention.
All matters coming before the commission
shall be filed in the city's records. Records retention will be in
accordance with the city record management plan and the provisions
of the Texas Local Government Records Act (title 6, subtitle C, Local
Government Code).
(4)
Public access to records.
The official records and citizen
requests filed for commission action in regular or special meetings
shall be on file in the city hall and shall be open to the public
during customary working hours.
(d)
Application procedures.
(1)
Written request required.
Every proposal submitted by
citizens or the city for commission action shall be made in writing.
The city shall provide application forms. The proposal shall be filed
on city-provided forms, shall be accompanied by all prescribed fees,
and shall be complete in all respects before the city shall accept
it for filing.
(2)
Schedules and instructions.
Every proposal or request
for commission action or recommendation shall be filed, processed,
and considered in accordance with this section.
(3)
Submission of supporting information.
Information supporting
a request or recommendation to approve or disapprove any proposal
before the commission shall be submitted in writing or to [sic] the
commission.
(4)
Withdrawal of proposal.
When any applicant desires to
withdraw his or her proposal he or she may do so by filing a written
request with the secretary. Such request shall be effective upon the
date of its official receipt, provided, however, that no such request
will be accepted after notices have been mailed, except on action
of the commission. Withdrawal of a proposal at any stage of its processing
shall terminate all consideration of and the case file shall be closed.
(Ordinance 053 Rev. 1, sec. 9, adopted 6/15/2021)
