Harlingen City Zoning Code
ARTICLE XIV
PLANNING AND ZONING COMMISSION
§ 111-390 Organization.
The mayor shall appoint two members and Commissioner-Place 1, Commissioner-Place 2, Commissioner-Place 3, Commissioner-Place 4 and Commissioner-Place 5 shall each appoint one member to the planning and zoning commission. A chairperson and vice-chairperson will be elected by the members each year during annual elections by the planning and zoning commission. The planning and zoning commission shall consist of seven members, each to be appointed by the mayor or city commission for a maximum term of three years, but in no case shall the term of a member exceed the office of the mayor or commissioner making such appointment. In the event a member of the planning and zoning commission vacates office during his term, the mayor or commissioner making such appointment shall appoint a replacement who shall serve for a term not to exceed the remaining term of office of the mayor or commissioner making said replacement appointment. Each appointee to said board shall be at least 18 years of age and each appointee or the appointee's spouse must be a resident of the city or work or operate a business in the city and be of good moral character and demonstrate an interest in the general welfare of the city. Each appointee shall continue to serve until a successor is appointed. An appointee shall forfeit his office if such appointee fails to attend three meetings during any 12-month period.
(Code 1973, § 2-291; Code 1997, § 159.140; Ordinance 62-25, adopted 12/15/1962; Ordinance 83-30, adopted 4/6/1983; Ordinance 88-59, adopted 10/19/1988; Ordinance 92-75, adopted 10/7/1992; Ordinance 97-35, adopted 7/2/1997; Ordinance 07-74, adopted 12/5/2007)
§ 111-391 Jurisdiction.
(a)
The powers and duties of the planning and zoning commission shall be to:
(1)
Hold hearings, conduct investigations and make recommendations to the city commission relative to changes and amendments to the zoning regulations of the city.
(2)
Hold hearings to conduct investigations and approve or disapprove proposed plats of subdivisions of land within the city and land within five miles of the city (the extraterritorial jurisdiction). If the planning and zoning commission fails to act on a preliminary or final plat due any reason at its regularly scheduled meeting on which the plat was or was to be on the meeting agenda, and the plat has not otherwise been approved by operation of law, said plat shall be placed for consideration at the next scheduled meeting of the city commission.
(3)
Hold hearings, conduct investigations and make recommendations to the city commission relative to the future plans and developments of the city.
(b)
All hearings conducted by the planning and zoning commission relative to proposed changes or amendments to the zoning regulations of the city, and proposed zoning of new additions to the city shall be open to the public, and before the tenth day before the hearing date, written notice of each public hearing before the 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 within 200 feet of the property on which the change in classification is proposed. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in the United States mail. If the property within 200 feet of the property on which the change is proposed is located in territory annexed to the municipality and is not included on the most recently approved municipal tax roll, the notice shall be given in the manner provided by Texas Local Government Code § 211.006(a). Upon the holding of such hearings by the planning and zoning commission, all persons entitled to notices as above stated shall be given an opportunity to present evidence for or against the proposed new zoning, and if necessary to permit all persons to be heard, such hearings may be continued from day to day and from time to time as shall be necessary to give all persons desiring to do so, an opportunity to be heard.
(Code 1973, §§ 2-292, 2-293; Code 1997, § 159.141; Ordinance 62-25, adopted 12/5/1962; Ordinance 97-35, adopted 7/2/1997; Ordinance 07-74, adopted 12/5/2007)
§ 111-392 Action of the commission.
(a)
Any four members shall constitute a quorum for the transaction of the business. The affirmative vote of a majority of those attending any meeting at which there is a quorum present shall be necessary to pass any motion, recommendation or resolution of the planning and zoning commission. The chairperson does not vote except in the event of a tie.
(b)
All recommendations to the city commission relative to any matter within the jurisdiction of the planning and zoning commission as set forth in this Ord. No. 12-16, § 2, 3/7/2012 shall be submitted in writing, which written recommendation shall be included in the minutes of the meeting of the city commission at which the recommendations are presented. For information on the appeal process, refer to section 111-31(h).
(Code 1973, § 2-294; Code 1997, § 159.142; Ordinance 62-25, adopted 12/5/1962; Ordinance 97-35, adopted 7/2/1997; Ordinance 01-16, adopted 2/21/2001)
