Katy City Zoning Code
§ 23
CITY PLANNING AND ZONING COMMISSION.
23.1
Creation.
The Planning Commission, created in accordance with an ordinance of the City of Katy, shall have the duties and responsibilities of the Zoning Commission provided for in Section 211.007 Local Government Code, V.T.C.A. (formerly Article 1011f) and shall be the City Planning and Zoning Commission. The City Planning and Zoning Commission shall consist of seven (7) members who are resident citizens and qualified voters of the city. The members of the City Planning and Zoning Commission shall be appointed by the mayor and approved by the city council for two (2) year terms or until a successor is appointed. Vacancies shall be filled for the unexpired term of any member whose position becomes vacant for any cause in the same manner as the original appointment was made. The members of the Planning Commission existing on the effective date of this ordinance shall continue to serve as members of the City Planning and Zoning Commission until the terms for which they were originally appointed expire. Thereafter, to provide for staggered two-year terms of the City Planning and Zoning Commission, following the next mayor's election, the mayor shall appoint (i) three (3) member[s] of the City Planning and Zoning Commission to serve a one-year term; upon expiration of such one-year term the mayor shall appoint three (3) members whose terms shall expire in two (2) years; (ii) four (4) members who shall serve for a term of two (2) years. Members of the City Planning and Zoning Commission shall serve without compensation. Failure of any regular or alternate member to attend a minimum of eighty (80) percent of all meetings and workshops of the City Planning and Zoning Commission during any calendar year shall result in automatic removal from membership of the City Planning and Zoning Commission. Excused absences which have been approved by the chairman of the City Planning and Zoning Commission shall not be counted as absences in calculating the percentage of attendance.
In addition to the seven (7) members who serve as Zoning Commissioners, two (2) alternates shall be appointed, to wit: alternate position number one to be filled by appointment expiring at the regular city officers election 1988, and alternate position number two to be filled by appointment expiring at the regular city officers election 1989. The terms thereafter for such alternates shall be two (2) years. Qualifications of alternates shall be the same as for regular members. Vacancies shall be filled as are vacancies among regular members. Alternates shall not vote on any commission business but may participate in discussion. Alternates shall have full voting authority as a Zoning Commissioner when asked by the chairman to fill a vacancy at any meeting of the City Planning and Zoning Commission created by the absence of any Zoning Commissioner.
23.1-1
From time to time in this ordinance and in other ordinances and city communications, the City Planning and Zoning Commission may, in the interest of time, be referred to by the abbreviation “CPZ” Commission.
23.2
Proceedings.
The “CPZ Commission” shall adopt rules, regulations and bylaws to govern its proceedings; provided that such rules shall not be inconsistent with this section or the laws of the State of Texas. All meetings of the “CPZ Commission” shall be open to the public. Four (4) members of the “CPZ Commission” shall constitute a quorum for the transaction of business.
23.2-1
The existing Planning Commission of the City of Katy having been incorporated herein shall be called the City Planning and Zoning Commission, and the ordinance creating such commission, to the extent it is in conflict with the procedures, powers, and duties as herein stated, is amended to reflect such procedures, powers and duties.
23.3
Powers and Duties.
The “CPZ Commission” shall have the following powers and duties:
23.3-1
To make studies and project plans for improvement of the city, with a view toward its future development and extension, and to recommend to the city council all matters for the development and advancement of the city's facilities, layout and appearance, and to perform all duties imposed upon the “CPZ Commission” by the statutes of the state.
23.3-2
To make plans and maps of the whole or any portion of the city and of land outside the city located within the extraterritorial jurisdiction of the City of Katy, which, in the opinion of the “CPZ Commission,” bears a relation to the planning of the city, and to make changes in, additions to, and extensions of such plans or maps when it deems same advisable.
23.3-3
To confer with and advise property owners pertaining to location and erection of structures in order to promote conformity to the overall city plan.
23.3-4
To aid and assist the city council in the preparation of budgets and determination of sources of funds, and in the procuring of financial and other aid and assistance for the city from the state and federal governments and their agencies, for each and all of the purposes herein enumerated.
23.3-5
To assist all other municipal and governmental agencies, and especially the city council, in formulating and executing proper plans of municipal development.
23.3-6
To plan and recommend the location, plan, and extent of city alleyways, viaducts, bridges, subways, parkways, parks, playgrounds, airports, automobile parking places and other public properties, and of public utilities, including bus terminals, railroads, railroad depots, and terminals, whether publicly or privately owned, for water, lights, sanitation, sewage, sewage disposal, drainage, flood control, transportation, communication, marketing, and shipping facilities, power and other purposes and for the removal, relocation, widening, extension, narrowing, vacation, abandonment or change of use of any of the foregoing public places, works, buildings, facilities, or utilities.
23.3-7
To select and recommend to the city council routes of streets, avenues and boulevards, and particularly to investigate and recommend the opening, widening, or abandonment of streets, avenues, boulevards, and alleys or the changing thereof to conform with the city's system, present and future, of boulevards, streets, avenues, alleyways, parks and parkways.
23.3-8
To investigate, consider and report to the city council upon the layout or platting of new subdivisions of the city or of property situated within the extraterritorial jurisdiction of the City of Katy and to approve all plans, plats, or replats of additions within the city limits, or within the extraterritorial jurisdiction of the City of Katy.
23.3-9
To recommend to the city council the approval or rejection of subdivisions in accordance with subdivision ordinances of the City of Katy.
23.3-10
To conduct a regular comprehensive review of this ordinance, beginning in March 1994 and in March of every other calendar year thereafter to determine whether the ordinance has become deficient, obsolete, or inadequate for any reason including the following:
a.
Defects in the original text.
b.
Defects in the Zoning Map.
c.
Deficiencies created by improper or lax administration and subsequent amendments to the original ordinance which are inconsistent, conflicting or ambiguous.
d.
Inconsistency with state statutes or judicial decision.
e.
Failure to reflect current public opinion and prevailing community values.
f.
Failure to provide modern zoning concepts and techniques or innovative development practices.
23.3-11
To hear requests for proposed changes and classifications filed by any interested party when such request is made in writing and accompanied by the appropriate filing fee [as provided in the fee schedule found in appendix A of this code].
23.3-12
All hearings on requests for amendments, change and classification and review as above set out shall be public hearings and shall conform to the notice requirements of Section 211.007, Local Government Code, V.T.C.A. (formerly Article 1011f) and shall be conducted within thirty (30) days after receipt of the request by the chairman of the “CPZ Commission.”
23.3-13
To recommend any change or modification to the city council which shall have the right to adopt by ordinance any recommended change.
23.3-14
A public hearing shall be held by the city council before adopting any proposed amendment, supplement or change, at which interested parties and citizens shall have the opportunity to be heard. A notice of the time and place of such hearing shall be published as required by state law and notice provided as set out in Section 211.007, Local Government Code, V.T.C.A., (Formerly Article 1011f). When the “CPZ Commission” has recommended a change in zoning together with recommendations as to requirements as provided herein, the city council shall be at liberty to either accept, reject, or make other or additional requirements and any such requirements, at the discretion of the city council to be made, shall become a part of the ordinance changing the zoning classification of such property, and such requirements shall be considered as an amendment to the Zoning Ordinance as applicable to such property. Such requirements shall not be considered conditions precedent to the granting of the change in zoning or the granting of building permits on such property. Such requirements shall be construed as conditions precedent to the granting of a certificate of occupancy in compliance, and shall be complied with before a certificate of occupancy may be issued by the building inspector for the use of [or] occupancy of the building, land, or structure on such property.
23.3-15
In case of a protest against such change, signed by the owners of twenty (20) percent of more either of the area of the lots included in such proposed change or of those immediately adjacent in the rear thereof extending two hundred (200) feet therefrom, or of those directly opposite thereto extending two hundred (200) feet from the street frontage of such opposite lots, such amendment shall not become effective except by a favorable vote of four-fifths (4/5) of all the city council.
Other Department Heads and Officials. |
23.4
Cooperation.
All department heads and officials of the city shall be available to the “CPZ Commission” for advice and consultation, and they shall cooperate with and render such services for the “CPZ Commission” as shall come within the scope of the duties of such department heads and officials. All such department heads and officials shall attend meetings of the “CPZ Commission” upon the request of the “CPZ Commission” or its duly authorized official or officials.
(Ordinance 621 adopted 3/24/83; Ordinance 841 adopted 7/23/87; Ordinance 1020 adopted 10/22/92; Ordinance 2435, sec. I, adopted 6/8/09)