A planning and zoning commission shall be organized, and it shall have the powers and duties as provided for in the city Charter.

(Ord. No. 2006-14, § 17-42, 7-11-2006)

There shall be established a planning and zoning commission which shall consist of seven citizens of the city and the ex officio members hereinafter specified. The city manager, the chairperson of the board of adjustments and appeals, the director of public works, and others as the council may provide by ordinance or resolution, shall serve as ex officio members. Ex officio members shall not have the power to vote. The voting members of said commission shall be appointed by the city council for a term of two years, which term shall be deemed extended until a successor is appointed and qualified to serve on such commission. Such appointees shall elect a chairperson, vice-chairperson and secretary from among its official members. A vacancy in an unexpired term shall be filled by the city council for the remainder of the term.

(Ord. No. 2006-14, § 17-43, 7-11-2006)

The planning and zoning commission shall:

(1)

Make, amend, extend, and add to the comprehensive plan for the physical development of the city.

(2)

Approve or disapprove the platting or subdividing of land within the corporate limits of the city and within adjacent areas as permitted by law.

(3)

Recommend to the council approval or disapproval of proposed changes in the zoning districts and/or this chapter.

(4)

Recommend to the council approval or disapproval of requests for street name changes and thoroughfare closures within the corporate limits of the city.

(5)

Submit annually to the city manager, not less than 90 days prior to the beginning of the budget year, a list of recommended capital improvements, if any, which in the opinion of the commission, are necessary or desirable during the forthcoming five-year period.

(6)

Recommend to the council approval or disapproval of plans for slum clearance, public housing, and urban redevelopment and renewal projects.

(7)

Perform such additional duties and exercise such additional powers as may be prescribed by ordinance not inconsistent with the provisions of the city Charter.

(Ord. No. 2006-14, § 17-44, 7-11-2006)

Any member of the commission may be removed from office for just cause and on written charges by two-thirds vote of the entire council, but such member shall be entitled to a public hearing before such vote is taken. Failure of any regular member to attend three of any seven called consecutive meetings without just cause shall be considered sufficient reason for the chairperson to ask for the resignation of the member from the commission. When vacancies occur, it shall be the duty of the chairperson of the commission to notify the mayor promptly of any vacancies occurring in membership, and the council shall fill such vacancies within 30 days for the unexpired term of the original appointment.

(Ord. No. 2006-14, § 17-45, 7-11-2006)

The planning and zoning commission shall adopt its own rules of order and procedure to regulate both the actual meetings of the commission and the activities directly related thereto. The rules shall deal only with procedural matters and shall be available to the public and kept on file with the building inspector. A quorum shall consist of no less than four voting members. An affirmative vote of a majority of the voting members in attendance shall be necessary for approval of motions before the commission. Members must be present to vote at the meeting.

(Ord. No. 2006-14, § 17-46, 7-11-2006)

All meetings of the planning and zoning commission shall be open to the public. The commission shall meet as needed.

(Ord. No. 2006-14, § 17-47, 7-11-2006)

The commission shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep a record of its examination and other official actions, all of which shall be filed with the building inspector and shall be a public record.

(Ord. No. 2006-14, § 17-48, 7-11-2006)

This chapter may be amended by changing district boundaries or other provisions thereof, to promote public health and safety, to protect and preserve places and areas of historical and cultural importance and significance, and to promote the general welfare of the community. No proposed amendment shall be recommended by the planning and zoning commission or passed by the city council except on substantial proof that it is in accordance with sound zoning practices and will serve to promote the purposes described in this section.

(Ord. No. 2006-14, § 17-49, 7-11-2006)

Any person, firm or corporation who together, separately or in any combination, own all of a contiguous tract of land within the city may request a change in the zoning classification by filing an application with the building inspector or his designee. The city council and any other board or commission of the city, at their volition, or upon petition from any individual or group, may also request a change in zoning classification. Except as otherwise specified herein, the application for zone change and all required attachments and fees must be delivered to the building inspector or his designee at least 20 days prior to the public hearing by the planning and zoning commission. An application for zone change creating a planned development district (except for residential PD district accessory uses) and all required attachments and fees must be delivered to the building inspector or his designee at least 45 days prior to the public hearing by the planning and zoning commission. An application for zone change creating a residential planned development district, insofar as the application deadline is concerned, shall be treated in the same fashion as more conventional zoning classification changes. The application shall be on an official form furnished by the building inspector. The requestors of the zone change, known as the applicant, shall supply all information prescribed in the form.

(1)

Application fee. Upon filing of an application for each request for a zoning classification change by the owner of the land, the applicant shall pay a filing fee as set by the city council and kept on file in the office of the city secretary, to the city to be applied to costs of processing applications required by this section and applicable state laws. Filing fees, which shall accompany each application, shall in no way be refundable to the applicant. No zone change request shall be considered unless and until such fees shall have been paid in full. Applicable fees for zone change requests, as well as for other types of requests requiring planning and zoning commission action, shall be shall be set by the city council and placed on file in the office of the city secretary.

(2)

Public hearing. A public hearing shall be held by the planning and zoning commission on each zone change request submitted by an applicant in accordance with this article. Said hearing shall not be scheduled until the completed zone change request has been submitted and all fees paid.

(3)

Property owner notices. Notice of hearings related to a change in classifications and hearings at the request of any applicant shall be given. Written notice shall be sent to the applicant and to the owners of real property lying within 200 feet of the property on which such change in zoning classification is requested in the following manner:

a.

Such notice shall be given, not less than ten days before the date set for public hearing, to all such owners as the ownership appears on the current city tax records. Such notice shall be made by depositing the same, properly addressed with postage paid, in the United States mail.

b.

The notice shall set forth a date, time and place of the public hearing, legal description of the property on which the zoning change is requested, the present zoning district classification, and the requested zoning district classification of the property.

(4)

Newspaper notice. Notice shall also be published in a newspaper of general circulation at least 15 days before the date of such hearing by the planning and zoning commission on the requested zoning district classification changes. Such notice shall set forth the date, time and place of the public hearing, legal description of the property on which the zoning change is requested, the present zoning district classification, and the requested zoning district classification of the property.

(5)

Action by planning and zoning commission on zone change request. At the conclusion of said public hearing, the commission shall deny the request for zone change or recommend that an ordinance be adopted by the city council, amending the zoning map as requested, without condition attached or subject to certain conditions which shall be specified in the minutes of said hearing.

a.

Demonstration of development trends. No recommendation for zone change request shall be made, except upon demonstration that conditions and trends of development in the area have so altered since adoption of existing boundaries as to justify the change, or that existing boundaries, either through prior error or change in conditions, are unreasonable, and that the objectives of this chapter will be promoted by the proposed amendment.

b.

In accordance with state law. In accordance with section 211.004, Texas Local Government Code (V.T.C.A., Local Government Code § 211.004), such amendments shall be made only in accordance with a comprehensive plan. For the guidance of the city council and of the planning and zoning commission in reviewing this chapter and subsequent amendments hereto, it is specifically noted that where individual zoning exceptions may be desirable within a district, this chapter has specifically provided for the use of special uses within some districts to accomplish necessary deviations from the basic ordinance, under the control of the planning and zoning commission. It is the intent of the planning and zoning commission that when amendments are made to this chapter, where the reviewing bodies consider that the character and nature of a district have so changed that it is desirable to have certain special exceptions within the district, spot changes will not be made, but rather a change will be made to the entire district.

1.

Approved application for zone change request. All applications for zoning district classification changes, where the planning and zoning commission has recommended such a zoning district classification change, shall be automatically processed and forwarded to the city council for a public hearing and determination of the zoning district classification change request. Approval of a request for reclassification shall only be granted by the affirmative vote of four or more members of the commission.

2.

Denied application for zone change request. When a zoning classification change request by the owners of all the subject land has not been approved by the planning and zoning commission, such request shall not be further processed unless the applicant thereof shall appeal the decision of the commission by filing with the city secretary a written appeal of the denial by the commission, which appeal is addressed to the city council, within ten days after the date the commission votes to disapprove the zoning district classification change. When such appeal is filed, the case shall require new publication and mailing of notices and scheduling for the city council at a later date and the applicant shall deposit $200.00 with the notice of appeal to cover the actual cost of such publication and notice expenses. If the deposit is less than the actual cost of publication and notice expenses, the excess will be refunded to the applicant. The request, the action of the commission, and the appeal shall be presented to the city council as in the case of recommendation for amendment. If such an appeal is not filed within ten days, the denial by the commission shall be final.

(6)

Public hearing before city council.

a.

The city council shall conduct a public hearing to act on all applications that have been processed and forwarded to them for public hearing and determination as set forth in subsection (5) of this section. At least 15 days' notice of the time and place of such public hearing shall be published in a newspaper of general circulation within the city prior to the day of such public hearing. If the prior property owner notice did not also provide notice of the city council public hearing on the pending case, property owner notices shall be mailed as described in subsection (3) of this section not less than ten days before the council public hearing.

b.

The city council shall review the decisions and recommendations of the planning and zoning commission of all applications as provided in this chapter. The city council, in making its determination of such applications, may make changes in the zoning district map in accordance with or in opposition to the report and recommendation of the planning and zoning commission.

c.

Approval or denial of an application for zoning district classification change shall be by a majority of all the members of the city council; however, in the event of a written protest against such change, signed by the owners of 20 percent or more, either of the area of the lots or land included in such proposed change, or of the lots or land immediately adjoining the same and extending 200 feet therefrom, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the city council. In computing the percentage of land area, the area of streets and alleys shall be included.

(7)

Reapplication by an applicant. When a zone change request by all owners of the subject land has been denied by:

a.

The commission and such denial has become final; or

b.

Action of the city council upon public hearing, by refusing to enact the proposed amendatory ordinance;

then a similar zone change request by all owners of the subject land shall not be accepted for consideration by the planning and zoning commission for a period of 12 months from the date of application for the zone change request which has not been granted, except that a zone change request for planned development district may be resubmitted within six months of the date of a previous application.

(Ord. No. 2006-14, § 17-50, 7-11-2006)

The city council may direct the planning and zoning commission to formulate recommendations regarding amendments to this chapter, and to make such studies and hold such public hearings as the council deems desirable in order to substantiate the recommendation. The planning and zoning commission may also initiate such studies and forward its recommendation to the city council for action. In addition, the building inspector as well as any other interested party may make such requests at any scheduled meeting of the planning and zoning commission or city council.

(1)

Public hearings. The planning and zoning commission shall hold one or more public hearings on all proposed amendments to this chapter, as it may deem necessary. Each such hearing may be recessed from day to day or as desired by the commission. This provision shall not be interpreted to require a public hearing by the commission where no recommendation is to be forwarded to the council by the commission.

(2)

Newspaper notice. Notice of public hearings on all proposed ordinance amendments shall be given according to the following provisions:

a.

Notice of such hearings shall be given by publication in the official newspaper of the city at least 15 days before the date of the public hearing.

b.

No new notice shall be required on continuation of the same hearing, which shall be recessed from time to time, but, if one meeting is adjourned, subsequent called public hearings shall require a new (additional) notice.

(Ord. No. 2006-14, § 17-51, 7-11-2006)

(a)

When any recommendation for a zone change or other amendment to this chapter is made by the commission to the city council, or when an appeal from a decision of the commission is made by an applicant, the building inspector and the city secretary shall ensure that the proposed change is placed on the agenda of the city council for first reading at the earliest practical date.

(b)

If the city council shall call a public hearing upon the proposed amendment hereto, the city secretary shall cause to be published a public notice thereof in the official newspaper of the city not less than 15 days prior to the date of the public hearing called. After such public hearing and second reading of the proposed ordinance amendment, the city council may enact the ordinance amendment as in other cases or may decline to enact the amending ordinance. The action then taken by the city council shall be final.

(Ord. No. 2006-14, § 17-52, 7-11-2006)