1. Membership and appointment. There is hereby created, in accordance with Texas Loc. Gov’t. Code chapter 211, a city planning and zoning commission which shall consist of 5 members to be appointed by the city council.
2. Terms of office. The terms of 3 of the members shall expire on January 5th of each odd-numbered year and the terms of 2 members shall expire on January 15th of each even-numbered year. The members of the commission shall be identified by place numbers 1 through 5. The odd-numbered places shall expire in the odd-numbered years; the even-numbered places shall expire in the even-numbered years. 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 2 years. Newly appointed members shall be installed at the first regular commission meeting after their appointment. The city council may terminate any commission member upon cause of an appropriate hearing or upon the absence from three (3) unexcused, consecutive regular commission meetings within a calendar year.
3. Officers.
   1. A chairperson and vice-chairperson shall be elected annually from among the commission’s membership and at any other times that these offices may become vacant. In the absence of both the chairperson and vice-chairperson, the commission shall elect an acting chairperson.
   2. A secretary shall be appointed from the members of the commission or from staff personnel assigned by the city’s chief executive officer to serve the commission.
4. Duties.
   1. The commission shall advise the city council on those matters falling within its charged responsibilities in a manner reflecting concern for the overall development and environment of the city as a setting for human activities.
   2. 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.
   3. The chairperson, or in his or her absence the vice-chairperson, shall preside at all meetings and shall decide all points of order or procedure. All letters of transmittal from the commission to the city council shall be over the signature of the chairperson.
   4. The secretary shall be custodian of the minutes and other official records, shall attend to the correspondence of the commission, and shall cause to be given such notices as are required and in the manner prescribed by law.
5. Quorum. A quorum for the conduct of business shall be a majority of the members of the commission.
6. Meetings. The planning and zoning commission shall meet at such times in the city hall, or if city hall is unavailable at a duly posted alternate location, as may be designated by the chairperson, or vice-chairperson in the absence of the chairperson, and at any regular intervals as may be necessary to orderly and properly transact the business of the commission.
7. Duties and zoning responsibilities. The planning and zoning commission shall be an advisory body to the city council, and shall make recommendations regarding changes of zoning and permanent zoning to be given to newly annexed areas, and shall make recommendations regarding specific use permits and the approval of the plats of subdivisions as may be submitted to it. The planning and zoning commission shall serve in an advisory capacity on any planning-related item(s) in the city.
8. Procedure on zoning hearings. The procedure and process for zoning changes and/or amendments shall be in accordance with section 14.02.152.
9. Procedural rules. At its first meeting of each calendar year, the Planning and Zoning Commission shall adopt procedural rules to govern its meetings, provided that such rules are not in conflict with state law or the City's ordinances or policies.
   
10. Recommendations for filling vacancies. The P&Z may vote to make a recommendation to the City Council on filling vacancies on the board.
    

(Ordinance 240 adopted 3/15/94; 2007 Code, sec. 155.60; Ordinance 2019.02.18 adopted 2/18/19)

State law reference–Zoning commission, V.T.C.A., Local Government Code, sec. 211.007.

1. Generally.
   1. The zoning regulations, restrictions and boundaries may from time to time be amended, supplemented, changed, modified or repealed. These amendments, supplements, changes, modifications or repeal shall be deemed to amend, supplement, change, modify or repeal the comprehensive plan of the city and shall become a part of the comprehensive plan.
   2. An amendment to this article may be initiated by a written request of the owner or his or her agent, the city administrator, the planning and zoning commission, or the city council on its own motion when it finds that the public may benefit from the consideration of the matter.
2. Procedure. All requests for amendments to zoning district boundaries shall be submitted, together with required fees, to the city administrator or his or her designated administrative official, who shall cause notices to be sent and the petition placed on the planning and zoning commission agenda. Requests for changes in zoning districts shall include the proposed designation or designations for the area concerned. Alternative proposals may be made at the time of filing the original request for amendment; however, all hearings and deliberations shall be limited to the request as submitted by the applicant at the time of original filing.
3. Posting of sign. The city administrator, or his or her designated administrative official, shall have at least one sign erected on the property to be rezoned, which sign shall have a total area of at least 4 square feet. This sign shall, if possible, be located adjacent to a street and in a conspicuous place. The sign shall be erected on or before the first date of the first notice to property owners and shall be removed immediately after final action by the city council or when the applicant withdraws the request, whichever comes first. The sign shall state that a zoning change has been requested on that particular property and the telephone number of the city offices from where dates of public hearings and more information about the zoning request may be obtained. The erection or continued maintenance of signs shall not be deemed a condition precedent to the granting of any zoning change or holding of any public hearing.
4. Hearings and notices.
   1. The city council may from time to time amend, supplement or change by ordinance the boundaries of the districts or the regulations herein established after receiving a report thereon from the planning and zoning commission. A public hearing on the amendment, supplement or change shall be held by both the planning and zoning commission and the city council. Notice of hearings shall be given by publication one time in the official newspaper of the city, stating the time and place of the hearings, which time shall not be earlier than 15 days from the date of publication. Publication of the change shall be accomplished by publishing a descriptive caption of the proposed change.
   2. Written notice of all public hearings on proposed changes in district boundaries shall be sent to all owners of property (including the owner of the subject property), or to the person rendering the same for city taxes, located within the of application and within 200 feet of any property affected thereby, within not less than 10 days before the hearing is held. These notices may be served by using the last known address as listed on the latest approved city tax roll and depositing the notice, sent certified mail, return receipt requested, in the United States mail. The direct cost for certified mail will be passed on to the applicant.
5. Failure to appear. An application shall not be heard by the planning and zoning commission unless the applicant or the applicant's duly designated representative are physically present or, with the approval of the planning and zoning commission, are present via an electronic media. Failure of the applicant or his or her representative to appear before the planning and zoning commission for more than one hearing without an approved delay shall constitute sufficient grounds for the planning and zoning commission to terminate the application. The application fees will be forfeited and no refunds will be issued.
6. Planning and zoning commission consideration and report. The planning and zoning commission, after conducting a public hearing on a request to change a zoning regulation or boundary, shall report its recommendations on said request to the city council for its consideration. In its report, the planning and zoning commission may recommend to either approve or deny the request and shall state the reason for its recommendation. Should the recommendation be to deny the request, an affirmative vote of at least three-fourths of all the city council members is required to overrule the recommendation.
7. Application not to be considered for 180 days after denial of request for rezoning. No application for rezoning shall be considered within 180 days of denial of a request by the city council for the same classification on the same property.
8. Protest against change. In case of a protest against such change signed by the owners of 20% or more either of the land included in the proposed change, or of the land within 200 feet thereof, that amendment shall not become effective except by the favorable vote of 3/4 of all the members of the city council present and qualified to vote.
9. Action on application. The proponent of any zoning change shall satisfy the city council that either the general welfare of all the city affected by the area to be changed will be enhanced, or that the property is unusable for the purposes allowed under existing zoning. If this is proved to the council’s satisfaction, it may grant the requested zoning change; or it may change the zone’s designation of a portion of that property; or it may initiate a request to consider changing all or a portion of the property to a district other than that requested and of a different character.
10. Site plan and supporting documents required; petition for zoning district change or specific use permit.
    1. When, in the opinion of the city administrator or his or her designated administrative official, the planning and zoning commission, the city council or the board of adjustment, greater information is required from the applicant concerning the nature, extent and impact of his or her request than supplied with his or her application for a change in zoning, variance, or specific use permit, in order to properly review and evaluate all relevant factors thereof, the planning and zoning commission, the city council or the board of adjustment may require the applicant to submit a site plan and/or supporting documents conforming with all or a portion of the requirements set forth in this section, prior to rendering a decision thereon.
    2. The applicant is encouraged to meet with the city administrator or his or her designated official in an informal work session to ascertain the exact extent of plans and documents required, if any, prior to the city initiating the advertisement for public hearing on the petition.
    3. The general type and extent of plans and supporting documents which may be required of the petitioner include but are not necessarily limited to:
       1. Site plan. Meeting all of the requirements of a preliminary plat, as described in the city’s subdivision regulations, except that topographic and drainage map information provisions may be waived by the reviewing body when the inclusion of that data would not materially contribute to the necessary evaluation of the project’s petition. Additional site plan drawing information which the reviewing body may require includes:
          1. Existing and proposed zoning district;
          2. A tabular summary schedule indicating:
             1. The gross acreage and percent of each type of zoning category proposed;
             2. The gross acreage and percentage of each type of land use proposed, with streets and open space categories listed separately, and residential uses further stratified as to type, i.e., single-family, two-family, multifamily, townhouse and the like, including the total gross project acreage;
             3. The gross residential density of each type of residential land use proposed, expressed in dwelling units per acre; and based on net residential land use plus 1/2 of any abutting street only;
             4. The quantitative number of dwelling units proposed for each residential dwelling type, i.e., single-family, two-family and the like; and
             5. Proposed maximum lot coverage by building and land use types, i.e., R-1, R-2, R-3, R-4, MH, B-1, B-2, B-3 and I expressed in terms of percentage of floor area ratio of the lot or site;
          3. General outline of extensive tree cover areas;
          4. Drainageways and 100-year floodplain limits;
          5. Proposed treatment for screening the perimeter of the land embraced by the petition, including screening of internal separations of land use, where required; and
          6. Proposed internal nonvehicular circulation linkages, such as: pedestrian paths and hike trails, bike trails, and equestrian bridle paths, where applicable, including their interrelationships with vehicular circulation systems and proposed handling of points of conflict;
       2. Architectural drawings. Elevations, concept sketches or renderings depicting building types and other significant proposed improvements, including the treatment and use of open spaces and the like, where the submission of the drawings would more clearly portray the nature and character of the applicant’s land use and development proposals; and
       3. Written documents. In narrative form on 8-1/2 by 11-inch sheets, including:
          1. Statement(s) on planning objectives to be achieved in the use/development proposal, including a narrative description of the character of the proposed development and rationale behind the assumptions and choices made by the applicant, including use and ownership of open spaces and the like;
          2. Legal description of the total site area proposed for rezoning, development or conditional use permit;
          3. A development schedule indicating the approximate date(s) when construction of the proposed development, and subsequent stages or phases thereof, if any, can be expected to begin and be completed, to the best of the applicant’s knowledge and belief;
          4. A statement as to the present and proposed ownership of the site or parcels thereof embraced by the application;
          5. Economic feasibility and/or market analysis studies, when deemed necessary by the reviewing body to adequately assess the necessity for zoning certain parcels to the sizes indicated by the applicant, or to evaluate the need for granting a conditional use permit;
          6. Environmental assessment statement, prepared pursuant to the National Environmental Policy Act of 1969, and any subsequent amendments thereto, when deemed necessary by the reviewing body to properly assess the impact of the proposed development/land use on the existing environment;
          7. Statement(s) as to how and when the applicant proposes to provide water and sewer to the development; and
          8. Signature, title and date of the applicant, at the conclusion of the written documents, certifying the information presented in the plans and supporting documents as reflecting a reasonably accurate portrayal of the general nature and character of the proposals.

(Ordinance 240 adopted 3/15/94; 2007 Code, sec. 155.61; Ordinance 2019.02.18 adopted 2/18/19)

State law reference–Procedures governing adoption of zoning regulations and district boundaries, V.T.C.A., Local Government Code, sec. 211.006.

1. Organization of board of adjustment.
   1. There is hereby created a board of adjustment which, pursuant to section 211.008(g) of the Texas Local Government Code, shall consist of all the members of the City’s governing body. The Mayor shall serve as the chairperson and the Mayor Pro Tem shall serve as the vice-chairperson. All cases to be heard by the board will always be heard by a minimum of 4 members.
   2. The board shall adopt rules to govern its proceedings; provided, however, that the rules are not inconsistent with this article or state law. Meetings of the board shall be held at the call of the chairperson and at other times as the board may determine, and in accordance with the Texas Open Meetings Law. The chairperson, or in his or her absence, the vice-chairperson or acting chairperson, may administer oaths and compel the attendance of witnesses.
   3. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact, and shall keep a record of its examinations and other official actions, all of which shall be immediately filed in the office of the city secretary and shall be a public record.
2. Appeals to board.
   1. Appeals to the board can be taken by any person aggrieved by any decision of the city administrator or his or her designated zoning administrator, or by any officer or department of the city. This appeal shall be filed within 15 days after the decision has been rendered by the city administrator or administrative officer by filing with the city secretary and with the board of adjustment, a notice of appeal specifying the grounds thereof. The administrative officer or department from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the records upon which the action appealed from was taken.
   2. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the city administrator or designated administrative officer from whom the appeal is taken certifies to the board of adjustment, after the notice of appeal shall have been filed with him or her, that by reasons of facts stated in the certification, a stay would, in his or her opinion, cause imminent peril to life or property. In that case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.
   3. No appeal to the board for a variance on the same piece of property shall be allowed prior to the expiration of 180 days from a previous ruling of the board on any appeal to that body unless other property in the immediate vicinity has, within the 180-day period, been changed or acted on by the board or city council so as to alter the facts and conditions on which the previous board action was based. This change of circumstances shall permit the rehearing of an appeal by the board, prior to the expiration of the 180-day period, but the conditions shall in no way have any force in law to compel the board, after a hearing, to grant a subsequent appeal. The subsequent appeal shall be considered entirely on its merits and the peculiar and conditions related to the property on which the appeal is brought.
   4. At a public hearing relative to any appeal, any interested party may appear in person or by his or her agent or attorney. The burden of proof shall be on the applicant to establish the necessary facts to warrant favorable action of the board on any appeal or variance request. Any variance granted or authorized by the board under the provisions of this article shall authorize the issuance of a building permit or certificate of occupancy, as the case may be, for a period of 90 days from the date of the favorable action of the board, unless the board shall have in its action approved a longer period of time and has so shown the specific longer period in the minutes of its action. If the building permit and/or certificate of occupancy shall not have been applied for within the 90-day period or such extended period as the board may have specifically granted, then the variance shall be deemed to have been waived and all rights thereunder terminated. This termination and waiver shall be without prejudice to a subsequent appeal and the subsequent appeal shall be subject to the same regulation and requirement for hearing as herein specified for the original appeal.
3. Actions of board.
   1. In exercising its powers, the board may, in conformity with the provisions of the statutes of the State of Texas, reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination as ought to be made and shall have all the powers of the city administrator or other administrative official from whom the appeal is taken. The board shall have the power to impose reasonable conditions to be complied with by the applicant.
   2. The concurring vote of 4 members of the board shall be necessary to reverse any order, requirement, decision or determination of the city administrator or other administrative official, or to decide in favor of the application for a specific use permit on any appearance or any variance.
4. Notice of hearing before board.
   1. The board shall hold a public hearing on all appeals requests and variance requests made to it, and written notice of the public hearings shall be sent to the applicant and all other persons who are owners of real property lying within 200 feet of the property on which the appeal is made. This notice shall be given no less than 10 days before the date set for hearing to all owners who have rendered their property for city taxes as the ownership appears on the last city tax roll. This notice may be served by depositing the same, properly addressed and postage paid, in the United States post office. Notice shall also be given by publishing the same in the official publication of the city at least 10 days prior to the date set for hearing, which notice shall state the time and place of the hearing.
   2. Additionally, the city administrator should erect a sign on the property of which a variance has been requested. The sign shall be erected adjacent to a street if possible and in a conspicuous place. The sign should have an area of 4 or more square feet. The sign should state that a request for a variance has been made on that particular property and the telephone number of the city offices from where the dates of public hearings and more information about the zoning request may be obtained. The sign should be erected prior to the hearing as early as possible and convenient. The erection and continued maintenance of this sign, however, shall not be deemed a condition precedent to the granting of any zoning variance, or the holding of any public hearing.
5. Jurisdiction of board. When, in its judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, the board may, in specific cases, after public notice and public hearing and subject to appropriate conditions and safeguards, authorize the following variances to the regulations herein established and take action relative to the continuance and discontinuance of a nonconforming use:
   1. To hear and decide appeals where it is alleged there is error on any order, requirement, decision or determination made by the city administrator or other zoning administrator in the enforcement of this article;
   2. Interpret the intent of the zoning district map where uncertainty exists because the physical features on the ground vary from those on the zoning district map and none of the rules set forth in section 14.02.004 apply;
   3. Initiate on its motion or cause presented by interested property owners action to bring about the discontinuance of a nonconforming use;
   4. Require the discontinuance of a nonconforming use under any plan whereby full value of the structure can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this article;
   5. Permit the change of occupancy of a nonconforming use to another nonconforming use in accordance with the provisions of section 14.02.108;
   6. Permit the enlargement of a nonconforming use in accordance with the provisions of section 14.02.108;
   7. Permit the reconstruction of a nonconforming structure or building on the lot or tract occupied by the building, provided the reconstruction does not, in the judgment of the board, prevent the return of the property to a conforming use or increase the nonconformity of a nonconforming structure beyond what is permitted by section 14.02.108;
   8. Require the vacation and demolition of a nonconforming structure which is deemed to be obsolete, dilapidated or substandard; and
   9. Permit a variance such as the front yard, side yard, rear yard, lot width, lot depth, coverage, minimum setback standards, off-street parking, off-street loading regulations, lot area, maximum height, or building, where the literal enforcement of the provisions of this article would result in an unnecessary hardship, or where the variance is necessary to permit development on a specific parcel of land which differs from other parcels of land in the same district by being of an area, shape or slope that it cannot be developed in a manner commensurate with the development permitted upon other parcels of land in the same district.
6. Appeals of board action. Any person or persons, jointly or severally aggrieved by any decision of the board, any taxpayer or any officer, department or board of the municipality may present to a court of record (district court) a petition, duly verified, setting forth that the decision is illegal, in whole or in part, specifying the grounds of illegality. This petition shall be presented to the court within 10 days after the decision of the board and not thereafter.

(Ordinance 240 adopted 3/15/94; 2007 Code, sec. 155.62; Ordinance 2019.18.03C adopted 3/18/19)

State law reference–Establishment and authority of zoning board of adjustment, V.T.C.A., Local Government Code, sec. 211.008 et seq.

In interpreting and applying the provisions of this article, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare. It is not intended by this article to interfere with, abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this article imposes a greater restriction upon the use of buildings or premises or upon height of building, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this article shall govern. (Ordinance 240 adopted 3/15/94; 2007 Code, sec. 155.63)

By the passage of this article, no presently illegal use shall be deemed to have been legalized unless the use falls within a use district where the actual use is a conforming use. Otherwise, these uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this article that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time the existing zoning ordinance was hereby amended, shall be discharged or affected by its amendment; but the prosecutions and suits for the offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending proceeded with in all respects as if the prior ordinance has not been amended. (Ordinance 240 adopted 3/15/94; 2007 Code, sec. 155.64)