(a)

Generally. The city council is established by Article 2 of the City's Charter.

(b)

Powers and duties. The city council shall have the authority to make final decisions on the development applications denoted in Table 20-6-1(k)-1, Summary of Procedures. Further, the duties of the city council in connection with this ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. The board of adjustment is the proper authority to decide these two (2) types of zoning issues.

(Ord. No. 2023-36, § 2(Exh. A), 10-17-23)

(a)

Purpose. The general purpose of the planning and zoning commission (commission) is to act as an advisory body to the city council on all zoning matters and to act on plats submitted to the commission in accordance with Chapter 17.5, Subdivisions, of the City's Code of Ordinances. Further, any recommendations made by this commission that are required by this Code, or by law, prior to action by the city council, are not binding on the council and the council may decide a matter contrary to the recommendations of this commission.

(b)

Qualifications. Each member of the commission shall:

(1)

Be a citizen of the United States of America;

(2)

Be a qualified voter in the City of Copperas Cove;

(3)

Have resided within the corporate limits of the City of Copperas Cove for at least one (1) year preceding the day of appointment;

(4)

Not be disqualified by reason of any provision of any section of this ordinance, City Charter, City's Code of Ordinances, or state law; and

(5)

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.

(c)

Terms. A member of the commission, unless removed from office under the provisions of subsection (i), below, shall serve for a term of three (3) years.

(d)

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 Table 20-6-1(k)-1, Summary of Procedures.

(2)

Other matters. The planning and zoning commission shall have the following additional duties.

a.

Advise city council concerning the development of, adoption of, or amendments to the comprehensive plan that covers the physical development of the municipality, utilities, transportation, and zoning;

b.

Ascertain preliminary land use goals and policies and advise city council of these recommended policies and goals;

c.

Review the platting and recording of subdivisions, including matters pertaining to the dedication of public facilities;

d.

Approve certain matters relating to platting and recording of subdivisions as dictated by the Code of Ordinances; and

e.

Perform such other planning, zoning, and development-related activities as the city council may, from time to time, direct.

(e)

Officers. The commission shall elect a chairperson and vice-chairperson at the first meeting in July of each calendar year.

(f)

Composition of the commission. The commission shall consist of seven (7) members to be appointed and approved by the city council. The members shall be identified by place numbers.

(g)

Meetings and procedures. The commission shall meet on the fourth Monday of each month. All meetings shall be held in council chambers, beginning at 6:00 p.m., and a quorum must be present at each regular meeting in order for the commission to conduct any business. Meetings shall be open to the public and held in conformance with Texas Local Government Code Chapter 551, Open Meetings. The chairperson may call a special meeting following the required notice.

(h)

Quorum and voting. A quorum of the commission shall consist of four (4) members eligible to vote on any given matter. The chairperson shall be entitled to vote upon any question but shall have no veto power.

(i)

Rules of procedure. The commission may establish its own rules of procedure, based on Robert's Rules of Order, provided that such shall not conflict with the laws applicable to the commission or the provisions of this ordinance.

(j)

Vacancies, forfeitures, filling of vacancies, and removal from office.

(1)

Vacancy. The place of a member of the commission shall become vacant upon the member's death, resignation, removal from office, or forfeiture of the office.

(2)

Forfeiture. A member of the commission shall forfeit the appointment if the member:

a.

Violates any express prohibition of the City's Charter and/or this ordinance;

b.

Is convicted of a crime involving moral turpitude;

c.

Fails to attend two (2) consecutive regular meetings unless caused by sickness or emergency, without first notifying the commission;

d.

Moves his/her permanent residence outside the city limits; or

e.

Does not attend at least seventy-five (75) percent of the scheduled meetings in any six-month period unless the absences in excess of twenty-five (25) percent of the scheduled meetings in any six-month period are excused for reason of personal illness, serious illness of member of immediate family requiring absence of the commissioner, or death in the family of the commissioner.

(3)

Resignation. If a commissioner forfeits the appointment and does not immediately resign, the city council may, by affirmative vote of four(4), declare the place of said commissioner to be forfeited and vacant. The vacant place shall be filled as provided herein.

(4)

Removal. In addition to the reasons stated in the above subsection, city council may remove a member of the commission for only good cause. If an appointed commissioner is removed for good cause, then said place is declared to be vacant and said vacancy shall be filled as provided in the subsection, below.

(5)

Filling of vacancies. If there is a vacancy on the commission, the city council shall appoint another person to fill said vacancy. The term of the vacant place will be for the unexpired term of the place vacated. When a commission place is vacant, the required number of votes to make a recommendation on an agenda item shall remain four (4) votes.

(k)

Conflict of interest. Any regular member or alternate member of the commission shall recuse himself or herself from participating in any discussions and voting if the matter before the commission affects that regular member or alternate member. A conflict of interest in this chapter shall mean a conflict between a member's private or personal interests and the member's public obligation as a commissioner. A potential conflict of interest must meet the requirements set out in Texas Local Government Code Section 171.002, Substantial Interest in Business Entity. If a member or alternate has a substantial interest in a business entity or in real property, he or she shall file, before discussion or decision on any matter involving the business entity or real property, a conflict of interest affidavit stating the nature and extent of the member's interest and shall abstain from further participation in the matter. The conflict of interest affidavit must be signed and filed with the secretary of the commission prior to the meeting in which the item posing a potential conflict of interest will be heard.

(Ord. No. 2023-36, § 2(Exh. A), 10-17-23)

(a)

Established. This section establishes a board of adjustment (BOA) with membership, qualifications, and terms of office in accordance with and controlled by the provisions of Texas Local Government Code Section 211.008, Board of Adjustment.

(b)

Membership and appointment.

(1)

The BOA shall consist of five (5) members, each to be appointed by the city council for a term of two (2) years.

(2)

A member of the BOA, unless removed from office under the provisions of subsection (h), below, shall serve for a term of two (2) years.

(c)

Qualifications. Each member of the BOA shall:

(1)

Be a citizen of the United States of America;

(2)

Be a qualified voter in the City of Copperas Cove;

(3)

Have resided within the corporate limits of the City of Copperas Cove for at least one (1) year preceding the day of appointment;

(4)

Not be disqualified by reason of any provision of any section of this ordinance, City Charter, City's Code of Ordinances, or state law; and

(5)

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.

(d)

Powers and duties. The BOA is a quasi-judicial board and shall have the authority to make final decisions on the development review applications denoted in Table 20-6-1(k)-1, Summary of Procedures.

(e)

Officers and staff. The BOA shall elect a chairperson and vice-chairperson at the first meeting in July of each calendar year.

(f)

Alternate members and vacancies. The city council may appoint alternate members of the BOA to temporarily serve in the absence of a permanent member. The alternates shall serve only in the absence of one (1) or more of the regular members when requested to do so by the zoning administrator. An alternate member serves for the same period as a regular member and is subject to removal in the same manner as a regular member. The city council may fill a vacancy among the alternate members in the same manner as a vacancy among the regular members.

(g)

Quorum and voting.

(1)

A quorum of the BOA shall consist of four (4) members eligible to vote on any given matter.

(2)

Each case before the BOA shall be heard by at least seventy-five (75) percent of the members of the entire membership of the BOA, and any issue to be voted on shall be resolved by a majority vote of those members present.

(3)

The chairperson shall be entitled to vote upon any question but shall have no veto power.

(h)

Meetings and procedures.

(1)

Frequency, location, date, and time. The BOA shall meet on the second Thursday of each month. All meetings shall be held in council chambers, beginning at 6:00 p.m., and a quorum must be present at each regular meeting in order for the BOA to conduct any business. Meetings shall be open to the public and held in conformance with Texas Government Code Chapter 551, Open Meetings. The chairperson may call a special meeting following the required notice.

(2)

Absences. Any member of the BOA who misses three (3) 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.

(3)

Rules of procedure. The BOA may establish its own rules of procedure, based on Robert's Rules of Order, provided that such shall not be in conflict with the laws applicable to the BOA or the provisions of this ordinance.

(i)

Conflict of interest. Any regular member or alternate member of the BOA shall recuse himself or herself from participating in any discussions and voting if the matter before the BOA affects that regular member or alternate member. A conflict of interest in this chapter shall mean a conflict between a member's private or personal interests and the member's public obligation as a board member. A potential conflict of interest must meet the requirements set out in Texas Local Government Code Section 171.002, Substantial Interest in Business Entity. If a member or alternate has a substantial interest in a business entity or in real property, he or she shall file, before discussion or decision on any matter involving the business entity or real property, a conflict of interest affidavit stating the nature and extent of the member's interest and shall abstain from further participation in the matter. The conflict of interest affidavit must be signed and filed with the secretary of the board prior to the meeting in which the item posing a potential conflict of interest will be heard.

(Ord. No. 2023-36, § 2(Exh. A), 10-17-23)

(a)

Established. This section establishes the membership and responsibilities of the development review committee.

(b)

Membership. The development review committee shall include representatives of, but is not limited to, the following:

(1)

Development services department;

(2)

Building department;

(3)

Engineering department;

(4)

Public works department;

(5)

Water/wastewater department;

(6)

Solid waste department;

(7)

Streets department;

(8)

Fire department; and

(9)

Police department.

(Ord. No. 2023-36, § 2(Exh. A), 10-17-23)

(a)

Generally. For purposes of this ordinance, the city manager or his/her designee shall serve as the zoning administrator of this ordinance. The zoning administrator or his/her designee is ultimately responsible for processing an application to a final decision (in case of administrative review applications) or making a recommendation to another review body (in case of all other applications). The city manager may designate 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 ordinance. The city manager may also delegate review responsibilities to other members of the city staff with relevant technical training or expertise or to consultants that are authorized.

(b)

Powers and duties. The zoning administrator shall have the authority to make recommendations or final decisions on the development review applications denoted in Table 20-6-1(k)-1, Summary of Procedures.

(Ord. No. 2023-36, § 2(Exh. A), 10-17-23)

(a)

Powers and duties relative to matters in this ordinance. The building official shall have the authority to make final decisions on the development review applications denoted in Table 20-6-1(k)-1, Summary of Procedures.

(b)

Powers and duties relative to matters outside of this ordinance. In addition to the powers and duties set forth above, the building official shall perform duties as outlined in the remainder of the City Code.

(Ord. No. 2023-36, § 2(Exh. A), 10-17-23)

(a)

Designation of floodplain administrator. The floodplain administrator is established in Chapter 4, Article III, Section 4-102, Administration—Designation of the Floodplain Administrator, of the City's Code of Ordinances.

(b)

Powers and duties. The powers and duties and responsibilities of the floodplain administrator are delineated in Chapter 4, Article III, section 4-103, Duties and Responsibilities of the Floodplain Administrator, of the City's Code of Ordinances.

(Ord. No. 2023-36, § 2(Exh. A), 10-17-23)