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Beverly Hills City Zoning Code

PART 9

PLANNING AND ZONING COMMISSION

§ 9.1 Organization: Creation and Purpose.

A Planning and Zoning Commission is hereby created in order to accomplish the following purposes:
A. 
To identify community needs and to advise the City Council of their short-range and long-range implications for the total development of the City;
B. 
To recommend achievable community goals as a basis for long-range planning and development programs;
C. 
To recommend plans, programs, and policies that will aid the entire community in achieving its defined goals; and
D. 
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 040412 adopted 4/12/04)

§ 9.2 Membership and Appointment.

The Planning and Zoning Commission shall be composed of five (5) qualified electors of the City. The City Council will consider for appointment to the Commission only those persons who have demonstrated their civil 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 City Council that members shall, by reason of diversity of their individual occupations, constitute a Commission which is broadly representative of the Community.
(Ordinance 040412 adopted 4/12/04)

§ 9.3 Terms of Office.

The terms of office of the members of the Planning and Zoning Commission shall be for two (2) years. The members of the Commission shall be identified by place numbers one (1) through five (5). 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 (2) years. Newly appointed members shall be installed at the first regular Commission meeting after their appointment. First appointed Commission shall at its first meeting draw lots for three 2-year terms of office and two 1-year terms, and each member’s initial term shall be for the length of lot drawn by said member.
(Ordinance 040412 adopted 4/12/04)

§ 9.4 Organization.

The Commission shall hold an organizational meeting in April of each year and shall elect a Chairperson and Vice-Chairperson from among its members before proceeding to any other matters of business. The Commission shall elect a Secretary and such other officers as it deems necessary either from its membership or from staff representatives assigned by the chief executive of the City to work with the Commission. The Commission shall meet regularly and shall designate the time and place of its meetings. The Commission shall adopt its own rules of procedure and keep a record of its proceedings consistent with the provisions of this ordinance and the requirements of law.
(Ordinance 040412 adopted 4/12/04)

§ 9.5 Duties and Powers.

The Planning and Zoning Commission is hereby charged with the duty and invested with the authority to:
A. 
Inspect property and premises at reasonable hours where required in the discharge of its responsibilities under the laws of the State of Texas and of the City.
B. 
Formulate and recommend to the City Council for its adoption a City 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 it finds will facilitate the movement of people and goods, and the health, recreation, safety, and general welfare of the citizens of the City.
C. 
Formulate a zoning plan as may be deemed best to carry out the goals of the City Plan; hold public hearings and make recommendations to the City Council relating to the creation, amendment, and implementation of zoning regulations and districts as provided in Articles 1011a to 1011k, Revised Civil Statutes of Texas, as amended, authorizing cities and incorporated villages to pass regulations; all powers granted under said Act are specifically adopted and made a part hereof.
D. 
Exercise all the powers of a Commission as to approval or disapproval of plans, plats, or replats and vacations of plans, plats or replats set out in Article 974a and 970a, Revised Civil Statutes of Texas.
E. 
Study and recommend on the location, extension and planning of public rights-of-way, parks or other public places, and on the vacating or closing of same.
F. 
Study and recommend on the general design and location of public buildings, bridges, viaducts, street fixtures and other structures and appurtenances. Study and recommend 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.
G. 
Initiate, in the name of the City, for consideration at public hearings all proposals: (1) for the opening, vacating or closing of public rights-of-way, parks or other public places; (2) for the original zoning of annexed areas; and (3) for the change of zoning district boundaries on an area-wide basis. No fee shall be required for the filing of any such proposal in the name of the City.
H. 
Formulate and recommend to the City Council for its adoption policies and regulations consistent with the adopted City Plan governing the location and/or operation of utilities, public facilities and services owned or under the control of the City.
I. 
Keep itself informed with reference to the progress of City Planning in the United States and other countries and recommend improvements in the adopted plans of the City.
J. 
Submit each year a progress report to the City Council summarizing its activities, major accomplishments for the past year, and a proposed work program for the coming year. The report shall contain for the year the attendance record of all members and the identity of Commission Officers.
(Ordinance 040412 adopted 4/12/04)

§ 9.6 Meeting and Quorum.

A quorum for the conduct of business shall consist of three (3) members of the Commission. The members of the Commission shall regularly attend meetings and public hearings of the Commission and shall serve without compensation, except for reimbursement of authorized expenses attendant to the performance of their duties.
(Ordinance 040412 adopted 4/12/04)

§ 9.7 Commission Actions.

A. 
A motion may be made by any member other than the presiding officer.
B. 
A motion to approve any matter before the Commission or to recommend approval of any request requiring Council action shall require three (3) favorable votes 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 one (1) vote, consideration of the application shall be continued to the next regular meeting upon motion carried by a majority of those present. Provided further that no request or application shall be continued under this rule beyond the next regular meeting; failure of the Commission to secure three (3) concurring votes to approve or recommend approval at said next regular meeting shall be recorded in the minutes as a denial of the proposal under this rule.
(Ordinance 040412 adopted 4/12/04)

§ 9.8 Disqualification from Voting.

A. 
A member shall disqualify himself from voting whenever he finds that he has a personal or monetary interest in the property under appeal, or that he will be directly affected by the decision of the Commission.
B. 
A member may disqualify himself from voting whenever any applicant, or his agenda, has sought to influence the vote of the member on his application, other than in the public hearing.
(Ordinance 040412 adopted 4/12/04)