Baytown City Zoning Code

ARTICLE 6

Development Review Bodies

Sec. 6.11 City Council

A.
Generally. The City Council of the City of Baytown is established in Sec.28., Ordinances, in the Code of Ordinances.
B.
Powers and Duties.
1. 1.
  Development Review. The City Council shall have the authority to make final decisions on the development applications denoted in 7.210, Development Review Summary Table.
2. 2.
  Other Powers and Duties. Additional duties and powers of the City Council include, but are not limited to the following:
  1. a.
    Establish, promote, and support an active and continuing program for the efficient and economical management of all city records;
  2. b.
    Cause policies and procedures to be developed for the administration of the program under the direction of the City Clerk;
  3. c.
    Facilitate the creation and maintenance of city records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the city and designed to furnish the information necessary to protect the legal and financial rights of the City, the state, and persons affected by the activities of the City government;
  4. d.
    Facilitate the identification and preservation of city records that are of permanent value;
  5. e.
    Facilitate the identification and protection of essential City records;
  6. f.
    Cooperate with the commission Planning and Zoning Commission in its conduct of statewide records management surveys; and
  7. g.
    Review of a records control schedule or amended schedule by the officers of the City as it considers necessary.

Effective on: 1/1/1901

Sec. 6.12 Planning and Zoning Commission

Generally. This Section established the Planning and Zoning Commission. The City Manager and all other administrative personnel of the City are authorized and directed to cooperate with and assist the Planning and Zoning Commision at all reasonable times. This Section establishes the provisions for the Planning and Zoning Commission membership, terms of office, and meeting procedures in accordance with and controlled by the provisions of TLGC Sec. 211.007, Zoning Commission, TLGC Sec. 212.006, Authority Responsible for Approval Generally (Plats), and TLGC Sec. 213, Adoption or Amendment of Comprehensive Plan.

Powers and Duties.

1.
Development Review. The Planning and Zoning Commission shall have the authority to make recommendations and certain final decisions on the development applications denoted in 7.210, Development Review Summary Table.
2.
Other Powers and Duties. Additional duties and powers of the Planning and Zoning Commission include, but are not limited to, the following:
1. a.
  The Duties and powers regarding community planning as prescribed in Division 3 , Planning and Zoning Commission, in the City's Code of Ordinances; and
2. b.
  Performing other such duties and being vested with such powers as the City Council shall from time to time prescribe.

Relationship to Prior Commissions. The Planning and Zoning Commission is the successor to the Baytown Area Community Long Range Planning Commission, the Zoning Commission, and the Growth Management and Development Advisory Commission, which was the successor to the Planning and Traffic Commissions. All actions taken by the prior Commissions which required resubmittal of projects to the Commissions for final disposition shall be construed as requiring resubmittal of the projects to the Planning and Zoning Commission.

Membership.

1.
Number of Members. The Planning and Zoning Commission shall consist of nine voting residents demographically representative of the City.
2.
Officers. The Planning and Zoning Commission shall elect a Chairperson and Vice-Chairperson at the first meeting of each year. A person who has served three consecutive terms, whether full or partial, as a Chairperson or as a Vice-Chairperson is not eligible for reappointment to the same office until the expiration of at least one year from the date of their last service in such office. The Planning Director shall provide staff to take minutes and serve as Secretary to the Planning and Zoning Commission.

Terms and Filling Vacancies.

1.
Terms and Appointments. The city council shall appoint nine voting members to the Commission. Five voting members of the Commission shall be appointed during odd-numbered years, and four voting members shall be appointed during even-numbered years. One voting member shall be appointed from the city's extraterritorial jurisdiction and the remaining members shall be appointed from within the corporate limits of the city. Additionally, at least one voting member shall be a representative of the real estate, development or building industry, who is not an employee or official of a political subdivision or governmental entity. Terms of voting members shall begin on January 1 and extend for two calendar years. However, the city council may remove a member at any time by a vote of the city council in public session.
2.
Filling Vacancies. As the terms of office of the individual members terminate, the city council shall, as soon as possible, appoint members and/or confirm the mayor's appointment to fill such vacancies for the new terms. The council, if interim vacancies occur, shall appoint or confirm the mayor's appointment of a successor for the remainder of the term.

Meetings and Procedures.

1.
Frequency and Location. When proposed developments are properly submitted for review, the Planning and Zoning Commission shall meet not less than once each month. Meetings shall be held at the place, time, and date stated on the notice of the meeting, which shall be posted at City Hall. Meetings shall be conducted in compliance with the TLGC Chapter 552, Public Information, and minutes shall be treated as public records.
2.
Presiding Over Meeting. The Chairperson, or in her/her absence, the Vice Chairperson, shall conduct and preside over the meetings.
3.
Attendance at Meetings. All Planning and Zoning Commission members are required to attend all regular and special called meetings of the Planning and Zoning Commission. Any Planning and Zoning Commission member who misses three consecutive regular meetings, such member may be removed, at the discretion of the Mayor and the vacancy shall be filled in accordance with Subsection E, Terms and Filing Vacancies, above.
4.
Rules of Procedure. The PZC may establish its own rules of procedure, provided that such shall not conflict with the laws applicable to the Commission or the provisions of this ULDC.

Quorum and Voting. A quorum shall consist of a simple majority of the entire membership of the Planning and Zoning Commission, and any issue to be voted on shall be resolved by a majority of those voting members present, except for circumstances described in 7.43, Zoning Map Amendment, and 7.64, Replat. The Chairperson shall be entitled to vote upon any question but shall have no veto power.

Public Hearings. The Planning and Zoning Commission shall hold public hearings as required by law and at the request of the City Council. The Chairperson of the Planning and Zoning Commission shall conduct and preside over such meetings. The meeting shall be conducted in a public place and with members of the Planning and Zoning Commission present.

(Ordinance No. 16,024, 12/12/2024)

Effective on: 1/1/2025

Sec. 6.13 Board of Adjustment

Generally. This Section establishes a Board of Adjustment with membership, qualifications, and terms of office in accordance with and controlled by the provisions of TLGC Section 211.008, Board of Adjustment.

Powers and Duties. The Board of Adjustment is a quasi-judicial board and shall have the authority to make final decisions on the development review applications denoted in Sec. 7.210, Development Review Summary Table.

Membership.

1.
Number of Members. The Board of Adjustment shall consist of five regular members who will be appointed by the City Council for two-year terms.
2.
Alternative Members. The Board of Adjustment shall also include a minimum of two alternate Board members, who will serve in the absence of one or more of the regular members when requested to do so by the City Manager. The alternate member will be appointed by the City Council for two-year terms and shall be subject to all of the provisions of this ULDC.

Terms, Filing Vacancies, and Removal.

1.
Officers. The Board of Adjustment shall elect a Chairperson and Vice-Chairperson at the first meeting of each year. The Planning Director shall provide staff to take minutes and serve as secretary to the Board.
2.
Board Member Removal. The City Council may remove members of the Board of Adjustment for cause, as found by the City Council, on a written charge after a public hearing.
3.
Vacancies. A vacancy on the Board shall be filled for the unexpired term.

Meeting and Procedures.

1.
Frequency and Location. The Board of Adjustment shall meet at least once each month unless there are no items to decide upon. All meetings of the Board shall be open to the public and held in conformance with TLGC Chapter 552, Open Meetings.
2.
Rules of Procedure and Call of Meetings. The Board of Adjustment may propose to the City Council Rules of Procedure to carry out the duties conferred by this ULDC and may recommend amendments to such rules to the City Council. The City Council shall adopt and may from time to time amend the Rules of Procedure for the Board of Adjustment. Meetings of the Board of Adjustment shall be held at the call of the presiding officer and at other times as determined by the Board.
3.
Attendance at Meetings. All members of the Board of Adjustment are required to attend all regular and special called meetings of the Board. Any member of the Board of Adjustment who misses three consecutive regular meetings without a valid reason, as determined by the City Council, shall be deemed no longer interested in serving, and the Council may remove that member for cause on written charge after a public hearing. The City Council shall then appoint a new member to fill the vacancy for the remainder of the unexpired term.
4.
Presiding Officer. The presiding officer or acting presiding officer may administer oaths and compel the attendance of witnesses.
5.
Recordkeeping. The Board of Adjustment shall keep minutes of its proceedings that indicate the vote of each member on each question or the fact that a member is absent or fails to vote. The Board of Adjustment shall keep records of its examinations and other official actions. The minutes and records shall be filed immediately in the Board's office and are public records.

Quorum and Voting. A quorum shall consist of a supermajority of the entire membership of the Board of Adjustment and any issue to be voted on shall be resolved by a majority of those present. The Chairperson shall be entitled to vote upon any question but shall have no veto power. Each case before the Board of Adjustment must be heard by at least four members.

Effective on: 1/1/1901

Sec. 6.21 Planning Director

Generally. The Planning Director is responsible for processing an application to a final decision or making a recommendation to another development review body. The Planning Director may designate other City staff members to manage applications through the review process, to be points of contact for applicants, and shall perform such other duties as may be required in this ULDC.

Powers and Duties.

1.
Development Review. The Planning Director shall have the authority to review, make recommendations, and/or make final decisions on the development review applications denoted in Sec. 7.210, Development Review Summary Table.
2.
Other Powers and Duties. In addition to those set forth above, the Planning Director's powers and duties shall include, but not be limited to, the following:
1. a.
  Interpreting the general intent and/or specific meaning of any portion of the ULDC text, position of district boundaries, district regulations, or other matters relating to the Official Zoning Map;
2. b.
  Updating and maintaining the Official Zoning District Map;
3. c.
  Accepting and processing all submitted applications detailed in Article 7, Development Review Procedures;
4. d.
  Preparing staff comments for review by the Planning and Zoning Commission, City Council, and the Board of Adjustment;
5. e.
  Representing the City at all public hearings required by this ULDC;
6. f.
  Maintaining all records and minutes related to the enforcement and procedures of this ULDC;
7. g.
  Serving as liaison between the Planning and Zoning Commission and City Council; and,
8. h.
  Performing other duties as necessary and appropriate to uphold the provisions of this ULDC.

Effective on: 1/1/1901

Sec. 6.22 Building Official

Generally. The Building Official shall review construction plans, issue building permits, and verify code compliance for all construction in the City to the extent permitted by state law.

Powers and Duties.

1.
Development Review. The Building Official shall have the authority to make recommendations and/or final decisions on the development applications denoted in 7.210, Development Review Summary Table.
2.
Other Powers and Duties. The Building Official shall:
1. a.
  Conduct and take action on all building permits and inspections to ensure that construction meets all applicable City Building Codes and other requirements as applicable, (including, but not limited to, inspecting setbacks, foundation elevations, and fence and wall requirements set out in this ULDC);
2. b.
  Maintain all records as they relate to the building permit process and inspections, including materials and outcomes;
3. c.
  Arbitrate discrepancies regarding building plans, permits, and inspections; and
4. d.
  Other duties as outlined in the remainder of the Code of Ordinances.

Effective on: 1/1/1901

Sec. 6.23 Development Review Committee

Generally. This Section establishes a coordinated and centralized committee, known as the Development Review Committee, which is composed of City staff members who participate in development review and who may make recommendations on certain applications established in Article 7, Development Review Procedures.

Powers and Duties. The Development Review Committee shall have the authority to review and make recommendations on the development review applications denoted in Sec. 7.210, Development Review Summary Table.

Membership. The Development Review Committee may be composed of the following City staff members:

1.
Planning Director. The Planning Director shall serve as the Chairperson of the Development Review Committee and shall be responsible for all procedures, guidance, coordination, scheduling, and recommendations of the Development Review Committee.
2.
Other City Staff Members. In addition to the Planning Director, the Development Review Committee shall be comprised of City staff designated by the City Manager, which may include, but is not limited to:
1. a.
  Building Official;
2. b.
  City Engineer;
3. c.
  Director of Public Works; or
4. d.
  Fire Marshal.
3.
Non-City Staff Members. Other staff or representatives from various local, county, state, or federal agencies may participate in the development review process as needed based on the nature of the proposed development or application.

Applicant Meeting. The applicant may meet with the Development Review Committee to receive its comments and recommendations on an application so the applicant may make any required or recommended changes, corrections, or modifications to a submittal.

Effective on: 1/1/1901

Sec. 6.24 City Engineer

Generally. With respect to the administration of this ULDC, the City Engineer is generally responsible for verifying that all standards and quality assurance requirements are met for public infrastructure. The City Engineer also establishes and promulgates the Engineering Standard Details and Specifications and Stormwater Management Plan.

Powers and Duties Relative to Matters in this ULDC. The City Engineer shall have the authority to make recommendations and/or final decisions on the development applications denoted in Sec. 7.210, Development Review Summary Table.

Powers and Duties Relative to Matters Outside of this ULDC. In addition to the powers and duties referenced above, the City Engineer shall perform duties as outlined in the remainder of the Code of Ordinances.

Effective on: 1/1/1901

Sec. 6.25 Floodplain Administrator

The establishment, duties, and responsibilities of the Floodplain Administrator are outlined in Chapter 110, Article II, Division 2, Sec. 110-66, Designation of Floodplain Administrator, and Sec. 110-67, Duties and Responsibilities of Floodplain Administrator, of the City's Code of Ordinances.

Effective on: 1/1/1901

Baytown City Zoning Code

ARTICLE 6

Development Review Bodies

Sec. 6.11 City Council

A.
Generally. The City Council of the City of Baytown is established in Sec.28., Ordinances, in the Code of Ordinances.
B.
Powers and Duties.
1. 1.
  Development Review. The City Council shall have the authority to make final decisions on the development applications denoted in 7.210, Development Review Summary Table.
2. 2.
  Other Powers and Duties. Additional duties and powers of the City Council include, but are not limited to the following:
  1. a.
    Establish, promote, and support an active and continuing program for the efficient and economical management of all city records;
  2. b.
    Cause policies and procedures to be developed for the administration of the program under the direction of the City Clerk;
  3. c.
    Facilitate the creation and maintenance of city records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the city and designed to furnish the information necessary to protect the legal and financial rights of the City, the state, and persons affected by the activities of the City government;
  4. d.
    Facilitate the identification and preservation of city records that are of permanent value;
  5. e.
    Facilitate the identification and protection of essential City records;
  6. f.
    Cooperate with the commission Planning and Zoning Commission in its conduct of statewide records management surveys; and
  7. g.
    Review of a records control schedule or amended schedule by the officers of the City as it considers necessary.

Effective on: 1/1/1901

Sec. 6.12 Planning and Zoning Commission

Powers and Duties.

1.
Development Review. The Planning and Zoning Commission shall have the authority to make recommendations and certain final decisions on the development applications denoted in 7.210, Development Review Summary Table.
2.
Other Powers and Duties. Additional duties and powers of the Planning and Zoning Commission include, but are not limited to, the following:
1. a.
  The Duties and powers regarding community planning as prescribed in Division 3 , Planning and Zoning Commission, in the City's Code of Ordinances; and
2. b.
  Performing other such duties and being vested with such powers as the City Council shall from time to time prescribe.

Membership.

1.
Number of Members. The Planning and Zoning Commission shall consist of nine voting residents demographically representative of the City.
2.
Officers. The Planning and Zoning Commission shall elect a Chairperson and Vice-Chairperson at the first meeting of each year. A person who has served three consecutive terms, whether full or partial, as a Chairperson or as a Vice-Chairperson is not eligible for reappointment to the same office until the expiration of at least one year from the date of their last service in such office. The Planning Director shall provide staff to take minutes and serve as Secretary to the Planning and Zoning Commission.

Terms and Filling Vacancies.

1.
Terms and Appointments. The city council shall appoint nine voting members to the Commission. Five voting members of the Commission shall be appointed during odd-numbered years, and four voting members shall be appointed during even-numbered years. One voting member shall be appointed from the city's extraterritorial jurisdiction and the remaining members shall be appointed from within the corporate limits of the city. Additionally, at least one voting member shall be a representative of the real estate, development or building industry, who is not an employee or official of a political subdivision or governmental entity. Terms of voting members shall begin on January 1 and extend for two calendar years. However, the city council may remove a member at any time by a vote of the city council in public session.
2.
Filling Vacancies. As the terms of office of the individual members terminate, the city council shall, as soon as possible, appoint members and/or confirm the mayor's appointment to fill such vacancies for the new terms. The council, if interim vacancies occur, shall appoint or confirm the mayor's appointment of a successor for the remainder of the term.

Meetings and Procedures.

1.
Frequency and Location. When proposed developments are properly submitted for review, the Planning and Zoning Commission shall meet not less than once each month. Meetings shall be held at the place, time, and date stated on the notice of the meeting, which shall be posted at City Hall. Meetings shall be conducted in compliance with the TLGC Chapter 552, Public Information, and minutes shall be treated as public records.
2.
Presiding Over Meeting. The Chairperson, or in her/her absence, the Vice Chairperson, shall conduct and preside over the meetings.
3.
Attendance at Meetings. All Planning and Zoning Commission members are required to attend all regular and special called meetings of the Planning and Zoning Commission. Any Planning and Zoning Commission member who misses three consecutive regular meetings, such member may be removed, at the discretion of the Mayor and the vacancy shall be filled in accordance with Subsection E, Terms and Filing Vacancies, above.
4.
Rules of Procedure. The PZC may establish its own rules of procedure, provided that such shall not conflict with the laws applicable to the Commission or the provisions of this ULDC.

(Ordinance No. 16,024, 12/12/2024)

Effective on: 1/1/2025

Sec. 6.13 Board of Adjustment

Membership.

1.
Number of Members. The Board of Adjustment shall consist of five regular members who will be appointed by the City Council for two-year terms.
2.
Alternative Members. The Board of Adjustment shall also include a minimum of two alternate Board members, who will serve in the absence of one or more of the regular members when requested to do so by the City Manager. The alternate member will be appointed by the City Council for two-year terms and shall be subject to all of the provisions of this ULDC.

Terms, Filing Vacancies, and Removal.

1.
Officers. The Board of Adjustment shall elect a Chairperson and Vice-Chairperson at the first meeting of each year. The Planning Director shall provide staff to take minutes and serve as secretary to the Board.
2.
Board Member Removal. The City Council may remove members of the Board of Adjustment for cause, as found by the City Council, on a written charge after a public hearing.
3.
Vacancies. A vacancy on the Board shall be filled for the unexpired term.

Meeting and Procedures.

1.
Frequency and Location. The Board of Adjustment shall meet at least once each month unless there are no items to decide upon. All meetings of the Board shall be open to the public and held in conformance with TLGC Chapter 552, Open Meetings.
2.
Rules of Procedure and Call of Meetings. The Board of Adjustment may propose to the City Council Rules of Procedure to carry out the duties conferred by this ULDC and may recommend amendments to such rules to the City Council. The City Council shall adopt and may from time to time amend the Rules of Procedure for the Board of Adjustment. Meetings of the Board of Adjustment shall be held at the call of the presiding officer and at other times as determined by the Board.
3.
Attendance at Meetings. All members of the Board of Adjustment are required to attend all regular and special called meetings of the Board. Any member of the Board of Adjustment who misses three consecutive regular meetings without a valid reason, as determined by the City Council, shall be deemed no longer interested in serving, and the Council may remove that member for cause on written charge after a public hearing. The City Council shall then appoint a new member to fill the vacancy for the remainder of the unexpired term.
4.
Presiding Officer. The presiding officer or acting presiding officer may administer oaths and compel the attendance of witnesses.
5.
Recordkeeping. The Board of Adjustment shall keep minutes of its proceedings that indicate the vote of each member on each question or the fact that a member is absent or fails to vote. The Board of Adjustment shall keep records of its examinations and other official actions. The minutes and records shall be filed immediately in the Board's office and are public records.

Effective on: 1/1/1901

Sec. 6.21 Planning Director

Powers and Duties.

1.
Development Review. The Planning Director shall have the authority to review, make recommendations, and/or make final decisions on the development review applications denoted in Sec. 7.210, Development Review Summary Table.
2.
Other Powers and Duties. In addition to those set forth above, the Planning Director's powers and duties shall include, but not be limited to, the following:
1. a.
  Interpreting the general intent and/or specific meaning of any portion of the ULDC text, position of district boundaries, district regulations, or other matters relating to the Official Zoning Map;
2. b.
  Updating and maintaining the Official Zoning District Map;
3. c.
  Accepting and processing all submitted applications detailed in Article 7, Development Review Procedures;
4. d.
  Preparing staff comments for review by the Planning and Zoning Commission, City Council, and the Board of Adjustment;
5. e.
  Representing the City at all public hearings required by this ULDC;
6. f.
  Maintaining all records and minutes related to the enforcement and procedures of this ULDC;
7. g.
  Serving as liaison between the Planning and Zoning Commission and City Council; and,
8. h.
  Performing other duties as necessary and appropriate to uphold the provisions of this ULDC.

Effective on: 1/1/1901

Sec. 6.22 Building Official

Generally. The Building Official shall review construction plans, issue building permits, and verify code compliance for all construction in the City to the extent permitted by state law.

Powers and Duties.

1.
Development Review. The Building Official shall have the authority to make recommendations and/or final decisions on the development applications denoted in 7.210, Development Review Summary Table.
2.
Other Powers and Duties. The Building Official shall:
1. a.
  Conduct and take action on all building permits and inspections to ensure that construction meets all applicable City Building Codes and other requirements as applicable, (including, but not limited to, inspecting setbacks, foundation elevations, and fence and wall requirements set out in this ULDC);
2. b.
  Maintain all records as they relate to the building permit process and inspections, including materials and outcomes;
3. c.
  Arbitrate discrepancies regarding building plans, permits, and inspections; and
4. d.
  Other duties as outlined in the remainder of the Code of Ordinances.

Effective on: 1/1/1901

Sec. 6.23 Development Review Committee

Membership. The Development Review Committee may be composed of the following City staff members:

1.
Planning Director. The Planning Director shall serve as the Chairperson of the Development Review Committee and shall be responsible for all procedures, guidance, coordination, scheduling, and recommendations of the Development Review Committee.
2.
Other City Staff Members. In addition to the Planning Director, the Development Review Committee shall be comprised of City staff designated by the City Manager, which may include, but is not limited to:
1. a.
  Building Official;
2. b.
  City Engineer;
3. c.
  Director of Public Works; or
4. d.
  Fire Marshal.
3.
Non-City Staff Members. Other staff or representatives from various local, county, state, or federal agencies may participate in the development review process as needed based on the nature of the proposed development or application.

Effective on: 1/1/1901

Sec. 6.24 City Engineer

Effective on: 1/1/1901

Sec. 6.25 Floodplain Administrator

Effective on: 1/1/1901

Baytown City Zoning Code

ARTICLE 6

Development Review Bodies

Sec. 6.11 City Council

A.
Generally. The City Council of the City of Baytown is established in Sec.28., Ordinances, in the Code of Ordinances.
B.
Powers and Duties.
1. 1.
  Development Review. The City Council shall have the authority to make final decisions on the development applications denoted in 7.210, Development Review Summary Table.
2. 2.
  Other Powers and Duties. Additional duties and powers of the City Council include, but are not limited to the following:
  1. a.
    Establish, promote, and support an active and continuing program for the efficient and economical management of all city records;
  2. b.
    Cause policies and procedures to be developed for the administration of the program under the direction of the City Clerk;
  3. c.
    Facilitate the creation and maintenance of city records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the city and designed to furnish the information necessary to protect the legal and financial rights of the City, the state, and persons affected by the activities of the City government;
  4. d.
    Facilitate the identification and preservation of city records that are of permanent value;
  5. e.
    Facilitate the identification and protection of essential City records;
  6. f.
    Cooperate with the commission Planning and Zoning Commission in its conduct of statewide records management surveys; and
  7. g.
    Review of a records control schedule or amended schedule by the officers of the City as it considers necessary.

Effective on: 1/1/1901

Sec. 6.12 Planning and Zoning Commission

Powers and Duties.

1.
Development Review. The Planning and Zoning Commission shall have the authority to make recommendations and certain final decisions on the development applications denoted in 7.210, Development Review Summary Table.
2.
Other Powers and Duties. Additional duties and powers of the Planning and Zoning Commission include, but are not limited to, the following:
1. a.
  The Duties and powers regarding community planning as prescribed in Division 3 , Planning and Zoning Commission, in the City's Code of Ordinances; and
2. b.
  Performing other such duties and being vested with such powers as the City Council shall from time to time prescribe.

Membership.

1.
Number of Members. The Planning and Zoning Commission shall consist of nine voting residents demographically representative of the City.
2.
Officers. The Planning and Zoning Commission shall elect a Chairperson and Vice-Chairperson at the first meeting of each year. A person who has served three consecutive terms, whether full or partial, as a Chairperson or as a Vice-Chairperson is not eligible for reappointment to the same office until the expiration of at least one year from the date of their last service in such office. The Planning Director shall provide staff to take minutes and serve as Secretary to the Planning and Zoning Commission.

Terms and Filling Vacancies.

1.
Terms and Appointments. The city council shall appoint nine voting members to the Commission. Five voting members of the Commission shall be appointed during odd-numbered years, and four voting members shall be appointed during even-numbered years. One voting member shall be appointed from the city's extraterritorial jurisdiction and the remaining members shall be appointed from within the corporate limits of the city. Additionally, at least one voting member shall be a representative of the real estate, development or building industry, who is not an employee or official of a political subdivision or governmental entity. Terms of voting members shall begin on January 1 and extend for two calendar years. However, the city council may remove a member at any time by a vote of the city council in public session.
2.
Filling Vacancies. As the terms of office of the individual members terminate, the city council shall, as soon as possible, appoint members and/or confirm the mayor's appointment to fill such vacancies for the new terms. The council, if interim vacancies occur, shall appoint or confirm the mayor's appointment of a successor for the remainder of the term.

Meetings and Procedures.

1.
Frequency and Location. When proposed developments are properly submitted for review, the Planning and Zoning Commission shall meet not less than once each month. Meetings shall be held at the place, time, and date stated on the notice of the meeting, which shall be posted at City Hall. Meetings shall be conducted in compliance with the TLGC Chapter 552, Public Information, and minutes shall be treated as public records.
2.
Presiding Over Meeting. The Chairperson, or in her/her absence, the Vice Chairperson, shall conduct and preside over the meetings.
3.
Attendance at Meetings. All Planning and Zoning Commission members are required to attend all regular and special called meetings of the Planning and Zoning Commission. Any Planning and Zoning Commission member who misses three consecutive regular meetings, such member may be removed, at the discretion of the Mayor and the vacancy shall be filled in accordance with Subsection E, Terms and Filing Vacancies, above.
4.
Rules of Procedure. The PZC may establish its own rules of procedure, provided that such shall not conflict with the laws applicable to the Commission or the provisions of this ULDC.

(Ordinance No. 16,024, 12/12/2024)

Effective on: 1/1/2025

Sec. 6.13 Board of Adjustment

Membership.

1.
Number of Members. The Board of Adjustment shall consist of five regular members who will be appointed by the City Council for two-year terms.
2.
Alternative Members. The Board of Adjustment shall also include a minimum of two alternate Board members, who will serve in the absence of one or more of the regular members when requested to do so by the City Manager. The alternate member will be appointed by the City Council for two-year terms and shall be subject to all of the provisions of this ULDC.

Terms, Filing Vacancies, and Removal.

1.
Officers. The Board of Adjustment shall elect a Chairperson and Vice-Chairperson at the first meeting of each year. The Planning Director shall provide staff to take minutes and serve as secretary to the Board.
2.
Board Member Removal. The City Council may remove members of the Board of Adjustment for cause, as found by the City Council, on a written charge after a public hearing.
3.
Vacancies. A vacancy on the Board shall be filled for the unexpired term.

Meeting and Procedures.

1.
Frequency and Location. The Board of Adjustment shall meet at least once each month unless there are no items to decide upon. All meetings of the Board shall be open to the public and held in conformance with TLGC Chapter 552, Open Meetings.
2.
Rules of Procedure and Call of Meetings. The Board of Adjustment may propose to the City Council Rules of Procedure to carry out the duties conferred by this ULDC and may recommend amendments to such rules to the City Council. The City Council shall adopt and may from time to time amend the Rules of Procedure for the Board of Adjustment. Meetings of the Board of Adjustment shall be held at the call of the presiding officer and at other times as determined by the Board.
3.
Attendance at Meetings. All members of the Board of Adjustment are required to attend all regular and special called meetings of the Board. Any member of the Board of Adjustment who misses three consecutive regular meetings without a valid reason, as determined by the City Council, shall be deemed no longer interested in serving, and the Council may remove that member for cause on written charge after a public hearing. The City Council shall then appoint a new member to fill the vacancy for the remainder of the unexpired term.
4.
Presiding Officer. The presiding officer or acting presiding officer may administer oaths and compel the attendance of witnesses.
5.
Recordkeeping. The Board of Adjustment shall keep minutes of its proceedings that indicate the vote of each member on each question or the fact that a member is absent or fails to vote. The Board of Adjustment shall keep records of its examinations and other official actions. The minutes and records shall be filed immediately in the Board's office and are public records.

Effective on: 1/1/1901

Sec. 6.21 Planning Director

Powers and Duties.

1.
Development Review. The Planning Director shall have the authority to review, make recommendations, and/or make final decisions on the development review applications denoted in Sec. 7.210, Development Review Summary Table.
2.
Other Powers and Duties. In addition to those set forth above, the Planning Director's powers and duties shall include, but not be limited to, the following:
1. a.
  Interpreting the general intent and/or specific meaning of any portion of the ULDC text, position of district boundaries, district regulations, or other matters relating to the Official Zoning Map;
2. b.
  Updating and maintaining the Official Zoning District Map;
3. c.
  Accepting and processing all submitted applications detailed in Article 7, Development Review Procedures;
4. d.
  Preparing staff comments for review by the Planning and Zoning Commission, City Council, and the Board of Adjustment;
5. e.
  Representing the City at all public hearings required by this ULDC;
6. f.
  Maintaining all records and minutes related to the enforcement and procedures of this ULDC;
7. g.
  Serving as liaison between the Planning and Zoning Commission and City Council; and,
8. h.
  Performing other duties as necessary and appropriate to uphold the provisions of this ULDC.

Effective on: 1/1/1901

Sec. 6.22 Building Official

Generally. The Building Official shall review construction plans, issue building permits, and verify code compliance for all construction in the City to the extent permitted by state law.

Powers and Duties.

1.
Development Review. The Building Official shall have the authority to make recommendations and/or final decisions on the development applications denoted in 7.210, Development Review Summary Table.
2.
Other Powers and Duties. The Building Official shall:
1. a.
  Conduct and take action on all building permits and inspections to ensure that construction meets all applicable City Building Codes and other requirements as applicable, (including, but not limited to, inspecting setbacks, foundation elevations, and fence and wall requirements set out in this ULDC);
2. b.
  Maintain all records as they relate to the building permit process and inspections, including materials and outcomes;
3. c.
  Arbitrate discrepancies regarding building plans, permits, and inspections; and
4. d.
  Other duties as outlined in the remainder of the Code of Ordinances.

Effective on: 1/1/1901

Sec. 6.23 Development Review Committee

Membership. The Development Review Committee may be composed of the following City staff members:

1.
Planning Director. The Planning Director shall serve as the Chairperson of the Development Review Committee and shall be responsible for all procedures, guidance, coordination, scheduling, and recommendations of the Development Review Committee.
2.
Other City Staff Members. In addition to the Planning Director, the Development Review Committee shall be comprised of City staff designated by the City Manager, which may include, but is not limited to:
1. a.
  Building Official;
2. b.
  City Engineer;
3. c.
  Director of Public Works; or
4. d.
  Fire Marshal.
3.
Non-City Staff Members. Other staff or representatives from various local, county, state, or federal agencies may participate in the development review process as needed based on the nature of the proposed development or application.

Effective on: 1/1/1901

Sec. 6.24 City Engineer

Effective on: 1/1/1901

Sec. 6.25 Floodplain Administrator

Effective on: 1/1/1901