(a)

Creation; appointments; memberships. There shall be a city planning and zoning commission consisting of seven members appointed by the mayor with approval of the council. Members shall be appointed during the month of October. Each member shall be a resident of the city. The members of the commission shall be identified by place numbers (1) through (7). Places (1), (2), (3) and (4) shall be appointed initially for a term of one year, places (5) and (6) and (7) shall be initially appointed for a term of two years. Thereafter, all members shall be appointed for a term of two years. Should a vacancy occur, the mayor, with approval of the council, shall appoint a person to complete the unexpired term of such position.

(b)

Meetings, officers and rules. The commission shall hold at least one regular meeting per quarter. Special meetings may be held on call of the chairperson or by a majority of the commission qualified. The commission shall elect a chairperson and vice-chairperson at the first regularly scheduled meeting after the October appointments who shall serve for a period of one year. All members including the chairperson shall vote in matters considered by the commission. The city secretary shall serve as ex officio (nonvoting) secretary of the commission and shall keep minutes, books, files and other records of the commission and perform such other duties as are incidental to the office. Any four voting members of the commission present shall constitute a quorum to conduct business.

(c)

Responsibilities. The commission shall:

(1)

Advise the city council in the preparation and maintenance of a comprehensive plan and related studies;

(2)

Advise the city council in establishing criteria for development of land;

(3)

Approve or disapprove all subdivision and development plats within the city and its extraterritorial jurisdiction (ETJ);

(4)

Assist the city council in conducting public hearings as may be required to gather information necessary for the drafting, establishment and maintenance of the comprehensive plan and ordinances and regulations related to it;

(5)

Recommend policies to the city council for guiding action affecting development in the city and its environs; and

(6)

Perform other duties that may be specifically assigned to it by the city council that may have a bearing on the preparation or accomplishment of the comprehensive plan.

(Ord. No. 95-04, § 1(102), 2-20-95)

(a)

Creation, appointments, and members. There shall be a board of adjustment consisting of five voting members and two alternates. Members shall be appointed by the mayor with approval of council during the month of September. Each member shall be a resident of the city. The members of the board shall be identified by place numbers (1) through (5) and alternates (1) and (2). Places (1), (2) and (3) and alternate (1) shall be appointed initially for a term no greater than one year; places (4) and (5) and alternate (2) shall be initially appointed for a term no greater than two years. Thereafter, all members shall be appointed for a term of two years. Should a vacancy occur, the mayor, with approval of the council, shall appoint a person to complete the unexpired term of the position.

(b)

Meetings, officers and rules. The city council shall appoint a chairperson and vice-chairperson after the September appointments who shall serve for a period of one year. All members, including the chairperson, shall vote in matters considered by the board. The city secretary shall serve as ex officio (nonvoting) secretary of the board and shall keep minutes, books, files and other records of the board and perform such other duties as are incidental to the office. Any four voting members of the board present shall constitute a quorum to conduct business.

(c)

Responsibilities.

(1)

Development chapter text and zoning district map interpretation. The board is authorized to hear and decide appeals where it is alleged that there is an error in an order or decision by the municipal enforcement officials in applying the standards of articles IV, V, X, XI and XII of this chapter (see section 14-10), the same being those articles adopted under V.T.C.A., Local Government Code ch. 211.

(2)

Special exceptions and variances. The board is authorized to hear and decide special exceptions to the terms of this chapter where such special exceptions are allowed by this chapter and authorize in specific cases a variance from the terms of this chapter as established in section 14-10. (See also V.T.C.A., Local Government Code § 211.009.)

(Ord. No. 95-04, § 1(103), 2-20-95; Ord. No. 2010-40, § 5, 8-23-10; Ord. No. 2010-57, § 2, 12-13-10; Ord. No. 2023-25, §§ 2, 3, 10-23-23)

(a)

Creation; appointments; memberships. The city council shall appoint a Comprehensive Plan Update Committee ("committee") no later than July 2020 and at least every five years thereafter. The committee shall consist of seven regular members and three alternate members. Three regular members of the committee shall be current members of the city planning and zoning commission.

(b)

Council liaison. The city council shall appoint a council member to serve as council liaison to the committee. The council liaison shall serve as an ex-officio member of the committee and shall have no voting privileges.

(c)

Meetings, offices, rules. The term of office of such committee shall be six months or longer if extended by city council and, at the completion of such term, a report of the proceedings of the committee shall be filed with the city secretary and shall become public record.

At the first regularly scheduled meeting, the committee shall elect a chairperson and vice-chairperson from its regular members. All regular members, including the chairperson, shall vote in matters considered by the committee. Alternate members shall serve in the absence of one or more regular members. The selection order for alternate service shall be determined by the alternate position number, with Alternate 1 serving for the first absence and so on. While all alternates may participate in committee discussion, only those serving in the absence of regular members vote. The public works director, or his designee, shall serve as secretary of the committee and shall keep minutes, books, files and other records of the committee and perform such other duties as are incidental to the office. The committee must comply with open government laws.

(d)

Responsibilities. The committee shall:

(1)

Inquire into the progress and implementation of the comprehensive plan.

(2)

Evaluate any changes in conditions that form the basis of the comprehensive plan.

(3)

Evaluate community support for the comprehensive plan's goals, strategies, and actions.

(4)

Recommend changes to the comprehensive plan to the planning and zoning commission, who in turn shall make a final recommendation to city council.

(Ord. No. 2016-05, § 1, 2-15-16; Ord. No. 2021-06, § 1, 2-22-21)

There is hereby established a board to be called the building board of adjustment and appeals, which board shall consist of seven members. Each member of the board shall be a resident of the city with knowledge of constriction practices. The board shall be appointed by the city council and shall act as a building board of adjustment and appeals, under the oath of office, for all construction codes as listed in section 14-664.

(Ord. No. 96-02, art. VIII, § 4-351, 2-19-96)

The first four members shall be appointed for two-year staggered terms. All regular terms shall end in the month of October of respective odd and even years of appointment. Vacancies shall be filled for an unexpired term in the manner in which the original appointments are required to be made. The city council may, following notice, remove any member of the board with or without cause.

(Ord. No. 96-02, art. VIII, § 4-352, 2-19-96)

(a)

The board shall establish a chairman, and other officers it may deem necessary, and rules and regulations for its own procedures which are not inconsistent with the provisions of any applicable codes.

(b)

The building official shall act as secretary of the board and shall keep detailed records of all proceedings, set forth reasons for decisions, the vote of each member, the absence of any member and any failure of a member to vote.

(c)

The board shall meet as needed, within ten days after notice of appeal has been received.

(d)

Any four members of the board shall constitute a quorum. In varying the application of any provisions of the building code, the electrical code, the plumbing and gas codes, the mechanical code or the fire codes or in modifying an order of the building official or fire marshal, affirmative votes by four members shall be required. A board member shall not act in a case in which he has a personal interest, pursuant to V.T.C.A., Local Government Code ch. 171, as amended.

(e)

All meetings shall be held in accordance with the Texas Open Meetings Act (V.T.C.A., Government Code ch. 551), as amended.

(Ord. No. 96-02, art. VIII, § 4-353, 2-19-96)

The building board of adjustment and appeals shall be responsible for making recommendations to the city council on any code changes and shall be responsible for the study of any code changes brought before them dealing with the building code, the electrical code, the plumbing and gas codes, the mechanical code or the fire code. If there is need for an in depth study of one particular code, the board may appoint subcommittees to study and make their recommendations for any changes.

(Ord. No. 96-02, art. VIII, § 4-354, 2-19-96)

Any person aggrieved by any interpretation of the building code, the electrical code, the plumbing and gas codes, the mechanical code or the fire code, or by any decision or ruling by the building official or fire marshal under any of the above codes, or when it is claimed that the provisions of the code in question do not apply or that any equally good or more desirable form or method or material can be employed in any specific case, or when it is claimed that the true intent and meaning of a code or any of the regulations thereunder have been misconducted or wrongly interpreted, such person may appeal to the building board of adjustment and appeals. Notice of appeal shall be in writing and filed within ten days after the decision is rendered by the building official or fire marshal.

(Ord. No. 96-02, art. VIII, § 4-355, 2-19-96)

(a)

The building board of adjustment and appeals, when so appealed to and after a hearing, may vary the application of any provision of the building code, the electrical code, the plumbing and gas codes, the mechanical code or the fire code in any particular case, when, in its opinion, the enforcement of such provision would do manifest injustice, and would be contrary to the spirit and purpose of the code or the public interest, or when, in its opinion, the interpretation of the building official or fire marshal should be modified or reversed. All variations and modifications shall meet the minimum code requirements.

(b)

A decision of the building board of adjustment and appeals to vary the application of any provision of any code within its authority or to modify an order of the building official or fire marshal shall specify in what manner such variation or modification is made, the conditions upon which it is made, and the reasons therefor.

(c)

The decision of the building board of adjustment and appeals shall be final. The decision of the board shall be in writing and shall indicate the vote of its members. Every decision shall be promptly filed in the office of the building official, and shall be open to public inspection. A certified copy shall be sent by mail or otherwise to the appellant, and a copy shall be kept publicly posted in the office of the building official for two weeks after filing.

(d)

The building board of adjustment and appeals shall, in every case, reach a decision without unreasonable or unnecessary delay.

(e)

If a decision of the building board of adjustment and appeals reverses or modifies a refusal order or disallowance of the building official or fire marshal, or varies the application of any provision of the codes affected by this article, the building official or fire marshal shall immediately take action in accordance with such decision.

(Ord. No. 96-02, art. III, § 4-356, 2-19-96)