(a) Commission established.
(1) The planning and zoning commission was previously established by the City pursuant to the Texas Local Government Code, chapter
211 and is designated as a Statutory Board of the City of Wilmer, Texas.
(2) The Director of Planning, or the designee of the City Administrator, shall serve as the Secretary of the Commission.
(3) The Commission is established pursuant to the Texas Local Government Code, section
211.007, and is vested with the following powers and duties:
(A) To advise the city council and make recommendations concerning adoption of, or amendments to, zoning regulations and the zoning map;
(B) To advise the city council and make recommendations concerning adoption of, or amendments to the City's Comprehensive Plan, Thoroughfare Plan, and Open Space Plan and implementation thereof;
(C) To oversee the City's regulations governing the platting and recording of subdivisions, including matters pertaining to the dedication of public facilities, and to advise the Council on matters pertaining to public improvements, traffic, utility extension and the provision of public facilities and services, in order to implement the City's Comprehensive Plan;
(D) To undertake such actions as are necessary to exercise its delegated powers, as indicated by adopted ordinance, including the granting of exceptions to zoning standards;
(E) To approve certain matters relating to platting and recording of subdivisions as dictated by the City's ordinances; and
(F) Other duties and powers as authorized by the Texas Local Government Code, chapter
211, and other applicable state law.
(b) Application for zoning changes.
Any person, firm, or corporation requesting a zoning change shall make application to the planning and zoning commission on such forms as may be from time to time prescribed by the city council, such applications to contain the following information:
(1) The legal description of the land on which the zoning change is requested, together with the local street address.
(2) The name and address of the legal owner of the property.
(3) The name and address of the person making the application, if made by anyone other than the legal owner, together with a sworn statement that the person making the application is authorized to act for the owner in making the application.
(4) The present use under which the property is being regulated at the time of the application and the use requested by the applicant.
(c) Filing fee.
Upon the filing of an application for zoning change, the applicant shall pay such filing fee as established by the Master Fee Schedule that is adopted by resolution of the city council.
(d) General procedures.
(1) In the event the planning and zoning commission recommends that a zoning change not be granted, the case will not be processed further and shall not be forwarded to the city council for public hearing unless the applicant shall, within 10 days after the date the planning and zoning commission casts its votes on such a matter, file with the Planning Director or designee a request in writing that the application be scheduled for a public hearing before the city council.
(2) All applications for zoning changes, where the planning and zoning commission has recommended that the zoning change be granted or has recommended a different zoning, shall be automatically sent to the Planning Director or designee for the scheduling of a public hearing before the city council.
(3) After a final decision is reached by the commission or city council in a request for zoning change involving a specific piece of property, no additional application will be accepted involving this property within a period of 12 months from the date of final decision, except:
(A) Where the final decision was specifically made without prejudice against the refiling of said application.
(B) At the request of or referral back from the city council.
(C) Where the planning and zoning commission's original recommendation was that of denial and the application was not heard by the city council, then, on written request by the applicant, with pertinent facts which the City planning and zoning commission deems sufficient to warrant a new hearing. Such requests shall not be set for public hearing unless approved by a majority vote of the entire commission (three favorable votes). If the rehearing is granted by the commission, then the procedure thereon shall be the same as that given an original application for zoning change filed with the commission and a new filing fee shall be paid.
(D) Where the final decision denying the zoning change was made by the city council, then, on written request by the applicant to the city council, with pertinent facts which the city council deems sufficient to warrant a new hearing. Such requests shall not be set for public hearing before the planning and zoning commission unless approved by a majority vote of the entire city council (three favorable votes). If a rehearing is granted by the Council, then the procedure thereon will be the same as that given an original application for zoning change and a new filing fees.
Ordinance 2023-0504A-R adopted 8/21/2025