The planning and zoning commission as heretofore duly created by ordinance and now performing its authorized duties in accordance with chapter 211, Local Government Code, is hereby perpetuated.

The planning and zoning commission is charged with identifying community needs and preparing goals to achieve long-range planning and development of the city.

The planning and zoning commission will recommend plans, programs and policies to the city council that will aid the entire community in achieving long-range planning and development of the city.

The planning and zoning commission will educate the public on the plans, programs and policies adopted by the city council so that private activities can be conducted in harmony with these plans, programs and policies.

The planning and zoning commission shall be composed of five (5) qualified members plus two (2) alternate members. The city council shall consider members who shall constitute a commission that is broadly representative of the community.

All commission members shall be appointed by the city council for a two (2) year term. Appointments shall be staggered so that only one-half of the commission is appointed each year. City council appointments shall be made at the first regular city council meeting in June with terms starting on July 1 and ending on June 30.

Vacancies for unexpired terms shall be made in the same manner as regular appointments. Appointments to vacancies shall serve for the remainder of the unexpired term.

The commission shall select a chairman and vice-chairman from among its members at its first meeting in July.

The commission shall meet when required or at other times as the commission shall so decide. Commission members are expected to regularly attend meetings. Members who miss three consecutive meetings without commission approval may be deemed to have vacated commission membership. The city council, upon receiving verification of such absences from the commission, may fill the vacancy for the unexpired term. Members, who miss six or more absences during their appointment, either excused or unexcused, may be deemed as grounds for removal from the commission.

Staff shall maintain minutes of all meetings and shall enter into the minutes attendance of all members, whether present or absent.

A quorum for the purpose of conducting business shall consist of three (3) members.

All meetings shall be conducted in accordance with the Texas Open Meetings Act and chapter 211, Texas Local Government Code.

The commission shall procure information and make recommendations to the city council on the creation or modification of zoning districts in accordance with state law and said ordinance [the zoning ordinance], and following due process.

The commission shall serve as a recommending body to the city council regarding the approval or disapproval of all preliminary, revised preliminary and final plats of land. The city council shall be the final authority for the approval or disapproval of all plats of land.

The commission shall discharge all other functions devolving upon city planning and zoning commissions by law or this article, and shall investigate, study, and submit reports and recommendations to the city council on all such matters as it or the city council shall deem appropriate and which have any relation to municipal planning or zoning.

The commission shall provide information to the planning department as needed regarding the format for the various application forms, procedures and lead times for the steps in zoning changes and plat approvals, and the needs for recordkeeping, calling of public hearings, notification to affected property owners, and publishing of public notices.

Upon request of the applicant if the project completion date will exceed the 6-month permit period, and with permit period beginning the date of the final decision, the planning and zoning commission shall determine, and make recommendation to the council, a timeline within which a requested zoning change project must be completed from the date of the final decision. The council shall set the completion timeline upon approval of a requested zoning change project and, providing a reasonable situation creates the need for extension, may give authority to the city manager to extend the timeline once for a period not to exceed 6 months, or an extension period as otherwise designated at the time of the final decision. The city manager has the authority to require the request be submitted to the council for any reason.

The board of zoning adjustment shall be composed of five (5) qualified members plus two (2) alternate members. The city council shall consider members who shall constitute a board that is broadly representative of the community.

All board members shall be appointed by the city council for a two (2) year term. Appointments shall be staggered so that only one-half of the board is appointed each year. City council appointments shall be made at the first regular city council meeting in June with terms starting on July 1 and ending on June 30.

Vacancies for unexpired terms shall be made in the same manner as regular appointments. Appointments to vacancies shall serve for the remainder of the unexpired term.

The board shall select a chairman and vice-chairman from among its members at its first meeting in July.

The board shall meet as required or at other times as the board shall so decide. Board members are expected to regularly attend meetings. Members who miss three consecutive meetings without board approval may be deemed to have vacated board membership. The city council, upon receiving verification of such absences from the board, may fill the vacancy for the unexpired term. Members, who miss six or more absences during their appointment, either excused or unexcused, may be deemed as grounds for removal from the board.

Staff shall maintain minutes of all meetings and shall enter into the minutes attendance of all members, whether present or absent.

Each case before the board of adjustment must be heard by at least 75 percent of the members. Therefore a quorum for the purpose of conducting business shall consist of four (4) members.

Reverse an order, requirement, decision or determination of an administrative official;

Authorize a variance from the terms of a zoning ordinance; or

Decide in favor of an applicant on a matter on which the board is required to rule under a zoning ordinance. All other votes of the board may be by a simple majority.

All meetings shall be conducted in accordance with the Texas Open Meetings Act and chapter 211, Texas Local Government Code.

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this article. The board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the board has the same authority as the administrative official.

To hear and decide special exceptions to the terms of the ordinance as described in section 9.03.454.

To authorize upon appeal in specific cases such variances from the terms of the zoning ordinance as described in section 9.03.454.

Appeals to the board can be made by any person aggrieved or by any officer, board or department of the municipality affected by any decision of the administrative officer. Such appeal shall be filed within twenty (20) days after the administrative officer has rendered the decision by filing a notice of appeal specifying the grounds for such appeal. The appeal shall be filed with the city secretary, who shall in turn transmit to the board all documents constituting the records of the case or action in question including the notice of appeal. The appeal hearing shall be held no later than sixty (60) days after the date the appeal is filed.

Any of the following persons may present to a district court, county court, or county court at law 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 petition must be presented within 10 days after the date the decision is filed in the board's office.

Procedures for the judicial review shall process pursuant to Local Government Code section 211.011.

The city council may from time to time amend this article, including modification of the boundaries of the zoning districts.

Any such proposed amendment or modification must be submitted to the planning and zoning commission for public hearing, recommendation and report, before the same is acted on by the city council. The commission may undertake any such study and public hearing on its own motion, or on a request from the city council, from any citizen, or from any party having a proprietary interest in any affected property.

The commission shall hold a public hearing on any proposed amendment. Not less than eleven (11) days prior to the scheduled hearing, each property owner, as shown on the latest approved city tax roll, who owns real property lying within two hundred (200) feet of the property on which the change is requested shall be sent notice of such meeting by ordinary mail, postage prepaid, in a manner consistent with state law.

A public hearing on any proposed amendment shall be considered by the city council before its adoption. Not less than sixteen (16) days prior to the scheduled hearing, a published notice of the public hearing shall be given, by publication thereof in one issue of the official publication of the city, in a manner consistent with state law.

All zoning uses that require a conditional use permit shall be treated in the same manner as a zoning amendment.

All conditional use permit applications require a site plan filed by the applicant that identifies the location of all proposed activities, improvements and other information required by staff and outlined in the conditional use permit application.

The board of zoning adjustment may grant hardship variances from the terms of the zoning ordinance only when unusual conditions exist that make the literal enforcement of the zoning ordinance unjust and will result in unnecessary hardship, and if the variance is not contrary to the public interest, ensuring that the spirit of this article shall be observed and substantial justice done.

The following conditions must be met before staff may place a variance on the agenda for consideration by the board of zoning adjustment.

The board shall hold a public hearing on any proposed variance. Not less than 11 days prior to the scheduled hearing, each property owner, as shown on the latest approved city tax roll, who owns real property lying within 200 feet of the property on which the change is requested shall be sent notice of such meeting by ordinary mail, postage prepaid, in a manner consistent with state law.

A public hearing notice also shall be published in the official publication of the city not less than 16 days prior to the hearing. A meeting agenda also will be posted in accordance with the Texas Open Meetings Act.

The board of zoning adjustment may grant special exceptions from the terms of the zoning ordinance only when specifically authorized by this article and approved by the board of zoning adjustment.

The board of zoning adjustment shall not approve a special exception unless it has determined the requested exception at least meets the following conditions:

The board shall hold a public hearing on any proposed special exception. A public hearing notice shall be published in the official publication of the city not less than 16 days prior to the hearing. A meeting agenda also will be posted in accordance with the Texas Open Meetings Act.

The board of zoning adjustments may only consider exceptions to the following regulations.

Certain temporary uses of land are essential to the full development and utilization of the land for its lawful purpose. The temporary uses hereinafter enumerated shall not be deemed violations of this article when made under the conditions herein provided.

Subdivisions of any land within the city or its extraterritorial jurisdiction (ETJ) shall not be approved until a plat thereof has been prepared and certified by a surveyor or qualified engineer licensed by the state. The plat shall include all requirements of the city subdivision ordinance and any required provisions of this article. All subdivision plats shall be referred to the planning and zoning commission for review and recommendations before final action thereon by the city council. All such plats are required to be filed for record in the office of the county clerk after approval. Upon such filing, they shall be posted to the official city map and the city zoning map by the city secretary.

Before being subdivided, or concurrently therewith, the area involved must be permanently zoned. No plat or subdivision shall be approved within any area where a petition or ordinance for annexation or a recommendation for annexation is pending before the city council unless and until such annexation has been approved.

Hereafter every owner of any lot or tract of land situated within the corporate limits or within the extraterritorial jurisdiction of the city who shall be required to cause a plat to be made and approved by the planning and zoning commission and the city council as provided for in subsection (1) above shall also be required to dedicate to the city a reasonable portion of the lot or tract being platted as a prerequisite to plat approval when such dedication is determined to be necessary for the orderly development of streets, roadways, thoroughfares, parks or utilities within the area. Provided however, that such dedication shall not exceed ten percent (10%) of the total lot area when such lot being platted is being platted as a single lot.

Commercial business certificate of occupancy: No tract of land or premises nor structure thereon shall be used, occupied or changed in use until a commercial business certificate of occupancy shall have been issued by the building official stating that the tract of land, premises or structure, as case may be, complies with the provisions of this zoning ordinance and any other part of the city code applicable thereto.

Application for commercial business certificate of occupancy -new and alterations: A commercial business certificate of occupancy for a new building or the alteration of an existing building shall be applied for coincident with the application for building permit, and will be issued within five (5) days after the erection or structural alteration of such building shall have been completed in conformity with the provisions of pertinent statutes and ordinances.

The intent of the commercial residential certificate of occupancy is to provide a reasonable level of predictability for owners, residents and inspection personnel, for the safety and welfare of the tenants, as well as the owner.

No checklist can encompass every possible scenario and not all apparent violations present a threat to the health or safety of tenants. Accordingly, inspectors are required to use a significant amount of professional judgment. The severity of the violation, along with the willingness of the building owner, to abate inspection findings will weigh heavily into the course of action taken by inspectors.

The commercial residential certificate of occupancy safety inspection is designed to acknowledge the standards that were in place at the time of the property's construction, provided those standards do not threaten life safety. It is not the intent of the program to bring Jacksboro rental properties into compliance with current building code.

Commercial residential certificate of occupancy: No commercial residential tenant shall use or occupy any tract of land or premises, nor structure thereon, until a commercial residential certificate of occupancy shall have been issued by the building official stating that the tract of land, premises or structure, as case may be, complies with the provisions of this zoning ordinance and any other part of the city code applicable thereto.

Application for commercial residential certificate of occupancy: The commercial residential certificate of occupancy shall be applied for prior to the establishment of services and any occupancy with each new tenant, regardless of the length of time since the last commercial residential certificate of occupancy inspection.