The city manager shall appoint a zoning official, or designee, whose duties and responsibilities shall include, but are not limited to:

The city council shall have the powers and duties to perform the following:

The planning and zoning commission (hereinafter referred to as the commission), shall be appointed by the city council. The commission shall consist of seven members that shall serve for three-year terms. A quorum shall consist of four members and an affirmative vote of a majority of those present shall be necessary to pass upon pending questions, the chairperson being entitled to vote upon any question. Terms of office, rules of procedure, vacancies, and powers and duties are contained within the city charter. In addition to the stated duties referenced in the charter, the planning and zoning commission shall have the responsibility to perform the following:

A rezoning request may be initiated by the zoning official, planning and zoning commission, city council, or by a landowner filing an application with the zoning official. If the applicant is not the owner of the property under consideration, a letter from the landowner authorizing said applicant to act as agent on behalf of the landowner is required. Landowners shall submit, but are not limited to, the following:

At least ten days prior to the date of the public hearing, written notice of each public hearing before the planning and zoning commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property owners within 300 feet of the property on which the change in classification is proposed. The mailed notice shall be in letter form stating the time and place of the hearing, a general description of the proposal, the legal description and general street location of the property subject to the proposed change, and a statement explaining that the public may be heard at the public hearing. When notice has been properly addressed and mailed, failure to receive mailed notice shall not invalidate any action taken on the application.

The planning and zoning commission will hold a public hearing on each proposed request for rezoning. After the public hearing, the commission will send a report; this report shall be known as the final report of the meeting minutes to the city council recommending approval or denial of the request. A tie vote on a request for a zoning change is deemed to be the commission’s recommendation for denial. If the commission recommends denial, an appeal may be submitted to the city council if the applicant files a written request for a public hearing for an appeal with the zoning official within 30 days of the date of the denial.

In considering any application for rezoning, the planning and zoning commission and city council may give consideration to the criteria in this section, to the extent pertinent to the application. In addition, other factors may be considered which may be relevant to the application.

After receiving the report of meeting minutes of the planning and zoning commission, the city council must hold a public hearing on the rezoning request, for which notice of the time and place of the hearing has been published in the newspaper at least 15 days prior to the hearing date, or as provided by state law. After the close of the public hearing, the city council may approve or deny the request, return it to the commission for further consideration, or take whatever other action the council deems appropriate. The affirmative vote of at least three-fourths of all members of the city council (six members) is required to:

The city council may hold a joint public hearing with the planning and zoning commission on a request for a change in zoning classification as provided by state law. In case of a joint hearing, the city council must not act on the request until it receives the report of the planning and zoning commission.

An application for a change in zoning classification that is denied by the city council or which is withdrawn by an applicant after the planning and zoning commission makes a report recommending denial shall not be again submitted for filing with the zoning official within six months of the original date of filing, except upon the consent of the city council.

The city shall collect a fee as provided for in appendix A of this code for each rezoning application submitted for consideration involving a public hearing. Informal discussions may be requested if no official action is to be taken.

The zoning board of adjustment (hereinafter referred to as the “board”), which shall be in accordance with the provisions of Texas Local Government Code, section 211.008, Board of Adjustment, shall be appointed by the city council. The board shall have the powers and duties as prescribed in Texas Local Government Code, section 211.009, Authority of Board. The board shall consist of seven (7) regular members who shall serve two (2) year terms. All cases to be heard by the board will always be heard by a minimum of four (4) members and this shall constitute a quorum.

The board shall utilize the following procedures in conducting business:

The board shall have the authority to perform the following:

The board shall have authority to grant [variances] upon such terms and conditions as it deems necessary. Where practical difficulties, unnecessary hardships or results inconsistent with the general purposes of this chapter would occur from strict literal interpretation and enforcement, variances that would be in harmony with the general purpose and intent may be considered. However, the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done as follows:

No variance shall be granted by the board unless it finds:

Any person aggrieved by, or any officer, department, board, or bureau of the city affected by the decision of an administrative official’s decision on matters contained within this chapter may appeal such decision to the board. An appeal is filed by the applicant submitting a completed notice of appeal, within 30 days after the decision of the administrative official’s decision, along with the required fee, to the board, the zoning official and the official from whom the appeal is taken. The notice of appeal must contain a statement of the reasons the party appealing believes the decision appealed is not a correct decision. On receiving the notice, the official from whom the appeal is taken shall immediately transmit to the board all the papers constituting the record of the action that is appealed.

A person requesting a variance to any provision of the zoning regulations must submit an application to the zoning official along with the required fee. The zoning official may require that the applicant submit additional information necessary to undertake a complete analysis and evaluation of the variance request and to determine whether the circumstances prescribed for granting the variance exist. The city shall collect a fee as provided for in appendix A of this code for each variance application submitted for consideration involving a public hearing. Informal discussions may be requested if no official action is to be taken.

No decision rendered by the board shall become effective until the expiration of ten days from the date of its decision.

The board may condition the granting of a decision in such means and manners as it deems just and reasonable. For example, it may condition the effectiveness of the decision upon the proposed construction being actually completed within a certain length of time, or carried on diligently to completion, and in the event that it is not, then the variance shall become null and void, or the board may stipulate certain construction requirements; provided, however, all matters brought before the board and granted are conditional upon the privileges being utilized within 180 days after the effective date thereof, or a new application must be made.

The proper filing of an appeal stays all proceedings in furtherance of the action that is appealed, unless the official from whom the appeal is taken certifies in writing to the board facts supporting the official’s opinion that a stay would cause imminent peril to life or property. In that case, the proceeding may be stayed only by a restraining order granted by the board or a court of record on application, after notice to the official, if due cause is shown.

The board of adjustment, acting through the zoning official, will schedule a public hearing on the appeal. A party may appear at the appeal hearing in person or by agent or attorney. At least ten days prior to the hearing, written notice of the time and place of the hearing must be given to the person filing the appeal and to all owners of adjoining properties within 300 feet, in the same manner in which adjoining properties are given notice of a hearing before the planning and zoning commission for a change in zoning classification.

The burden of establishing that the decision appealed was wrong is the responsibility of the party bringing the appeal.

After the close of the public hearing, the board may reverse or affirm, in whole or in part, or modify the administrative official’s decision from which an appeal is taken and make the correct decision. The board shall decide the appeal within 60 days after the date of the public hearing.

Any of the following persons may present to a court of record a verified petition stating that the decision of the board of adjustment is illegal in whole or in part and specifying the grounds of the illegality:

The following criteria shall be in force regarding the filing of a petition:

The court may reverse or affirm, in whole or in part, or modify the decision that is appealed. Costs may not be assessed against the board of adjustments unless the court determined that the board acted with gross negligence, in bad faith, or with malice in making its decision.