In addition to any authority granted the city council by state law, or any ordinance heretofore previously passed or subsequently passed by the city council of the City of Hedwig Village, the city council shall have the powers and duties set forth in this code, including but not limited to the following:

(1)

To call and conduct public hearings on proposals to amend or modify the provisions of this zoning code;

(2)

To amend the provisions of this code upon appropriate findings, by ordinance, after public hearing and recommendation by the planning and zoning commission;

(3)

To take such other action not otherwise reserved for the planning and zoning commission or the board of adjustment concerning this zoning code that the city council may deem desirable and necessary; and

(4)

To refer any zoning question or possible change to any person in the administrative staff of the city or to the planning and zoning commission for further study and review.

A.

Creation. There is hereby created, pursuant to the laws of the State of Texas, the City of Hedwig Village Planning Commission. Such commission shall also serve as the zoning commission of the city and shall be known and referred to as the "city planning and zoning commission."

B.

Purpose. The commission is created for the purposes of fulfilling, in a manner consistent with the laws of the State of Texas, those planning and zoning responsibilities delegated to it by the provisions of law of this state and by the ordinances of the city. Its primary purpose shall be to accomplish the following:

(1)

To identify community needs and to advise the city council of the short-range and long-range implication of such needs to the total development of the city as the same relates to the use and/or development of property;

(2)

To recommend to the city council achievable community goals for planning and development programs;

(3)

To recommend to the city council plans, programs, and policies calculated to aid the community in achieving its defined planned goals;

(4)

To explain and explore with concerned citizens those plans and programs adopted by the city council in an effort to ensure that private activities and desires may be accomplished in harmony with the public needs and policies; and

(5)

Along with city council, to monitor on a continuing basis the terms and provisions of the zoning code of the city to determine when appropriate amendments are necessary and, on its own motion, to hold and conduct inquiry sessions and public hearings and to make recommendations when the same are deemed desirable and necessary.

C.

Membership and appointment. The commission shall be composed of seven persons including the chairman. The members shall be resident citizens of, owners of real property in, and qualified voters in the City of Hedwig Village, and shall maintain such qualifications during the term of their office. Members of the commission shall be appointed by the mayor and confirmed by the city council of the City of Hedwig Village.

D.

Terms of office. Unless sooner removed by the city council, each person appointed to such commission under the provisions of this code and any ordinance of appointment shall serve to the expiration of his term. All terms of the commissioners shall be staggered and shall be for the following periods:

(1)

Four members of the commission shall each serve for a two-year term commencing on the first day of June in even numbered years;

(2)

Three members of the commission shall each serve for a two-year term commencing on the first day of June in odd numbered years.

E.

Vacancies. Vacancies on the commission shall be filled by appointment by the mayor with confirmation by the city council in the same manner as original appointments are made. Unless sooner removed by the city council, the person appointed to fill a vacancy shall serve for the remainder of the time for which his predecessor on the commission was appointed. Newly appointed members shall be installed by taking an appropriate oath as required by law and shall attend regular meetings.

F.

Organization. The mayor shall appoint a chairman and vice-chairman of the commission from its membership.

G.

Meetings. The commission shall meet monthly as business shall require and shall designate the date, time, and place of its meetings. It shall hold such special meetings as shall be called by the chairman, vice-chairman, or a majority of its members. The commission shall adopt its own rules of procedure and shall keep a record of its proceedings consistent with the provision of this code and the requirements of the law.

H.

Quorum. A quorum of four members shall be necessary for the transaction of business. A majority vote shall consist of a concurring vote of four members; provided, however, that for action on a platting application, a majority vote shall consist of a majority of the members present and constituting a quorum.

I.

Duties and powers. The commission is hereby charged with the responsibility and invested with the authority to:

(1)

Formulate and recommend to the city council for its adoption such plans, programs, and policies related to the future growth and development of the city as the commission deems appropriate and necessary;

(2)

Exercise all of the powers and responsibilities of a planning commission relating to the approval or disapproval of land subdivision plans, plats or replats and to the vacation of such plans, plats or replats granted by the laws of the State of Texas including, but not limited to, V.T.C.A., Local Government Code chs. 42, 43 and 212, pursuant to the rules and regulations for subdivision plat approved as provided by the city council under Ordinance No. 267 heretofore previously adopted by the city council of the City of Hedwig Village providing rules and regulations and procedures for seeking approval of subdivision plats;

(3)

Exercise all of the powers and responsibilities of a zoning commission relating to the formulation of a zoning plan, hold public hearings, and make recommendations to the city council relating to the creation, amendment, and implementation of zoning regulations, classifications, and districts, all as provided for in the laws of the State of Texas including, but not limited to, V.T.C.A., Local Government Code ch 211 and the ordinances of the city including, but not limited to, the provision of this zoning code; and

(4)

Perform such other duties and address such other matters as may be conferred upon or referred to the commission by the city council.

J.

Compensation. Members of the commission shall serve without compensation; however, each member shall be entitled to reimbursement of actual and necessary expenses incurred by said member in the discharge of official duties on the commission, subject to prior approval by the mayor.

K.

Conflict of interest. No member of the commission shall vote or participate in any proceeding before the commission which involves any matter or property in which said member has a personal or pecuniary interest or in which the decision of the commission will directly affect said member. In the event any such possible conflict should arise, the member affected thereby shall make disclosure of such fact to the commission, which said disclosure shall be duly noted in the minutes of the commission, and said member so disqualified shall voluntarily remove himself/herself from the commission's table during said discussion.

(Ord. No. 276, § 302, 4-24-1986; Ord. No. 412, § 2, 7-13-1995; Ord. No. 443, § 3, 12-11-1999; Ord. No. 702, § 2(App. A), 8-10-2017)

State Law reference— Zoning commission, V.T.C.A., Local Government Code § 211.007.

A.

Creation. There is hereby established the board of adjustment.

B.

Qualifications for membership. Members of the board of adjustment shall possess the following minimum qualifications:

(1)

Shall be at least 21 years of age;

(2)

Shall be citizens of the United States of America and qualified voters of the State of Texas;

(3)

Shall have resided and be owners of real property for at least one year next preceding their appointment within the corporate limits of the City of Hedwig Village; and

(4)

Shall possess such other qualifications as shall be from time to time imposed by law for members of the city council.

C.

Membership; appointment, removal, terms and vacancies.

(1)

The board of adjustment shall be composed of five regular members appointed by the city council. The city council may also appoint four alternate members who shall serve in the absence of one or more of the regular members when requested to do so by the mayor. All members and alternate members shall serve without compensation.

(2)

All members of the board shall serve a term of two years, with said appointments commencing on the first day of June in odd numbered years. All members shall serve until removed, disqualified or their successors are appointed and qualified.

(3)

No member of the board may be removed by the city council except for cause; provided, however, that before such removal, such member shall be provided written charges and given an opportunity to appear in his defense at a public hearing.

D.

Chairman and vice-chairman.

(1)

At the first meeting after the appointment of members of the board for a new term, the members of the board shall elect one of their number as chairman and one of their number as vice-chairman.

(2)

In the absence of the chairman, the vice-chairman shall act as chairman and shall have all the powers of the chairman.

(3)

The members of the board shall select an additional person to preside over meetings in the absence of the chairman and vice-chairman.

(4)

The presiding officer of any meeting of the board may administer oaths and shall be in charge of all proceedings before the board and shall take such action as shall be necessary to preserve order and the integrity of all proceedings before the board.

E.

Staff secretary. The mayor shall appoint a secretary to the board who shall serve at the pleasure of the mayor. The secretary shall keep minutes of all proceedings of the board, which shall include the vote of each member upon every question. Such minutes shall be a summary of all proceedings before the board attested to by the secretary and shall be approved by a vote of a majority of the members of the board, voting to approve the minutes. The secretary shall maintain all records of the board and shall, in addition, prepare orders of the board for signature by the chairman as the official order of the board. The secretary shall cause to be filed in the office of the city immediately upon execution the final order of the board and shall stamp on the order the date and time of filing.

F.

Quorum and necessary vote. No meeting of the board may be called to order nor may any business be transacted by the board without a quorum, consisting of at least four members of the board, being present. The concurring vote of at least four members shall be necessary for the board to take action, save and except to consider and pass a motion of adjournment which shall require the concurring vote of a simple majority of the members of the board then present and voting. The specified number of members as used herein shall include alternate members serving in the absence of regular members; however, the total number of members and alternate members sitting at any hearing or meeting of the board shall not exceed five.

G.

Meetings, hearings and procedures.

(1)

Regular meetings of the board shall be held monthly as business shall require, and special meetings at the call of the chairman.

(2)

All meetings and hearings of the board shall be open to the public in accordance with the provisions, limitations and exceptions of V.T.C.A., Government Code § 552.001 et seq.

(3)

Notices of appeals and requests for variances or special exceptions or for determination of nonconforming uses or elimination thereof shall be given by mail to the persons in interest and by publishing a notice of such hearing in a newspaper of general circulation in the City of Hedwig Village at least ten days prior to the date set for the hearing.

(4)

All records of the board shall be public records open to inspection at reasonable hours and upon reasonable notice in accordance with Vernon's Ann. Civ. St. art. 6252-17a.

H.

Powers and duties. The board shall have the following powers and duties:

(1)

To hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of V.T.C.A., Local Government Code §§ 211.001 through 211.013 or this code;

(2)

To hear and decide special exceptions to the terms of this code;

(3)

To authorize, upon appeal in specific cases, such variances from the terms of this code as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this code will result in unnecessary hardship, and so that the spirit of this code shall be observed and substantial justice done;

(4)

To review and report on any matter referred to it by the mayor, the city council, the planning and zoning commission, or the building official; and

(5)

To adopt rules of procedure which are not in conflict with the provisions of this code.

I.

Appeals from the board. Any person or persons, jointly or severally, or any taxpayer, officer, department or board of the municipality, aggrieved by any decision of the board, may present to the district court of Harris County, Texas, a verified petition stating that a decision is illegal and specifying the grounds of the illegality. Such petition shall be filed with the court no later than ten days after the filing of the board's decision with the city clerk. If such person or persons fail to file such petition within such ten-day period of time, then the decision of the board shall become final and binding.

(Ord. No. 344, § 1, 4-11-1991)

State Law reference— Board of adjustment, V.T.C.A., Local Government Code § 211.008 et seq.; age of majority, V.T.C.A., Civil Practice and Remedies Code § 129.001 et seq.