(a)

Created; purposes. A planning and zoning commission is hereby created in order to accomplish the following:

(1)

To identify community needs and to advise the city council of their short-range and long-range implications for the total development of the city;

(2)

To recommend achievable community goals as a basis for long-range planning and development programs;

(3)

To recommend plans, programs, and policies that will aid the entire community in achieving its defined goals; and

(4)

To interpret the adopted plans and programs to concerned citizens so that private activities and desires may be accompanied in harmony with public needs and policies.

(b)

Composition; qualifications of members.

(1)

The planning and zoning commission shall be composed of five regular members and at least two but no more than four alternate members who are qualified electors of the city. Appointment of both regular and alternate members will be for two-year periods. The city council will appoint to the commission only those persons who have demonstrated their civic interest, general knowledge of the community, independent judgement, interest in planning and zoning, and availability to prepare for and attend meetings.

(c)

Terms; filling vacancies; removal of members.

(1)

The term of two of the regular members and two alternates of the commission created by this article will expire on October first of each odd-numbered year and the terms of three of the regular members and two alternate members shall expire on October first of each even-numbered year. Alternate members are required to attend commission meetings, and in the absence of a regular member, the chairman will appoint an alternate to be a voting member for that session of the commission. Commission members may be appointed to succeed themselves and alternate members may be appointed to fill vacancies for unexpired terms, but no member shall be appointed for a term in excess of two years. Newly appointed members and alternates will be installed at the first regular commission meeting after their appointment. The planning and zoning commission serves at the pleasure of city council and the city council may remove any member or alternate from the commission upon a majority vote for any reason.

(d)

Organization.

(1)

The commission shall hold an organizational meeting in October of each year and shall elect a chairperson and vice-chairperson from among its members before proceeding to any other matters of business. No member currently serving as chairperson or vice-chairperson shall be nominated or serve more than two successive one-year terms. The commission shall elect a secretary and such other officers as it deems necessary either from its membership or from staff representatives assigned by the chief executive of the city to work with the commission. The commission shall adopt its own rules of procedure and keep a record of its proceedings consistent with the provisions of this article and the requirements of applicable state statutes. Regular meetings shall be held as determined by the commission.

(e)

Powers and duties. The planning and zoning commission is hereby charged with the duty and invested with the authority to:

(1)

Review and make a recommendation to the city council on the following applications:

a.

Amendment to the comprehensive land plan;

b.

Establish or amend a zoning district map classification, including creation or amendment of an overlay district;

c.

Rezoning requests including an application for a specific use permit;

d.

Amendment to the zoning and subdivision ordinances.

(2)

Have final approval authority on the following subdivision applications:

a.

Subdivision master plan;

b.

Preliminary plat;

c.

Final plat;

d.

Amending plat if forwarded by the city manager or his/her designee;

e.

Minor plat if forwarded by the city manager or his/her designee; and

f.

Replat.

(3)

Hear and decide on plat waiver requests under chapter 21—subdivisions

(4)

Hear and decide on an appeal related to tree preservation removal permits.

(5)

May serve in an advisory capacity on any planning related item(s) in the city as requested by the city council;

(6)

Consider and make recommendations on other matters as requested by the city council;

(f)

Quorum; attendance; compensation.

(1)

A quorum for the conduct of business shall consist of three members of the commission created by this article. The members of the commission shall regularly attend meetings and public hearings of the commission and shall serve without compensation, except for reimbursement of authorized expenses attendant to the performance of their duties.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)

(a)

Appointment and service.

(1)

Appointment. The board of adjustment of the city shall consist of at least five regular members and at least two but no more than four alternate members who are qualified electors of the city. Appointment of both regular and alternate members will be for two-year periods. Appointments shall be consistent with state law and city council procedures. Terms shall begin and end in September.

(2)

Removal. Removal may only be for cause, as found by the city council, on a written charge after a public hearing.

(3)

Vacancies. A vacancy on the board shall be filled for the expired term based on appointments of the city council.

(4)

All board of adjustment meetings shall be open to the public and subject to the Texas Open Meetings and Public Information Acts.

(b)

Authority of the board.

(1)

Hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this zoning ordinance;

(2)

Hear and decide special exceptions to the terms of a zoning ordinance when the ordinance requires the board to do so;

(3)

Authorize in specific cases a variance from the terms of a zoning ordinance if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is done;

(4)

Hear and decide variance to the terms of article VIII, signs, when the ordinance requires the board to do so;

(5)

Hear and decide requests for exemptions from the local restrictions of sec. 24-49(b) when the ordinance requires the board to do so; and

(6)

Hear and decide other matters authorized by this zoning ordinance.

(c)

Jurisdiction and hearing.

(1)

Jurisdiction. When, in its judgment, the public convenience and welfare will be substantially served and the appropriate use of neighboring property will not be substantially or permanently injured, the board of adjustment may, in specific cases after public notice and public hearing, and subject to appropriate conditions and safeguards, make special exceptions to the terms of the zoning ordinance that are consistent with the general purpose and intent of the ordinance and in accordance with any applicable rules contained in the ordinance. The board of adjustment shall not permit any variations or exception if the applicant has contributed to the cause of the unnecessary hardship of which he complains.

(2)

Hearing requirements.

a.

Each case before the board of adjustment must be heard by at least 75 percent of the members.

b.

The board by majority vote shall adopt rules in accordance with any zoning ordinance.

c.

Meetings of the board are held at the call of the presiding officer and at other times as determined by the board. The presiding officer or acting presiding officer may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public.

d.

The board shall keep minutes of its proceedings that indicate the vote of each member on each question or the fact that a member is absent or fails to vote. The board shall keep records of its examinations and other official actions. The minutes and records shall be filed immediately in the board's office and are public records.

(3)

Who may appeal to the board. Except for a member of the city council who serves on the board of adjustment, the following persons may appeal to the board:

a.

A person aggrieved by a decision made by an administrative official (i.e. building inspector); or

b.

Any officer, department, board, or bureau of the municipality affected by the decision.

(4)

Requirements to appeal to the board. The appellant must file with the board and the official from whom the appeal is taken a notice of appeal specifying the grounds for the appeal. The appeal must be filed within a reasonable time as determined by the rules of the board. On receiving the notice, the official from whom the appeal is taken shall immediately transmit to the board all the papers constituting the record of the action that is appealed.

(5)

Stay. An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the board facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the board or a court of record on application, after notice to the official, if due cause is shown.

(6)

Setting hearing. The board shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest. A party may appear at the appeal hearing in person or by agent or attorney. The board shall decide the appeal within a reasonable time.

(7)

Scope of authority.

a.

In exercising its authority under subsection (b) above, 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.

b.

The concurring vote of 75 percent of the members of the board is necessary to:

i.

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

ii.

Decide in favor of an applicant on a matter on which the board is required to pass under a zoning ordinance;

iii.

Authorize a special exception from the terms of a zoning ordinance; or

iv.

Authorize a variation from the terms of a zoning ordinance.

(d)

Court appeal.

(1)

Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment or any taxpayer, or any officer, department, board, or bureau of the city may present to a court of record as provided by law a petition, duly verified setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the board.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)

(a)

Tree care board.

(1)

Board membership. The tree care board shall consist of the members of the parks and recreation commission.

(2)

Meetings. The board shall meet as needed. All stated meetings shall be open to the public. The board chairman may schedule additional meetings as needed.

(3)

Duties. The duties of the tree care board shall include:

a.

To review the tree management plan, tree preservation and mitigation guidelines, and the tree care program as may be necessary.

b.

To promote the protection of healthy trees and provide guidelines for the replacement and/or replanting of trees.

c.

To uphold rules and regulations governing the protection and preservation of native or established trees within the city, which provide for purification of air and water, provide for shade, windbreaks and the cooling of air, provide for open space and more efficient drainage of land, thus reducing the effects on soil erosion.

d.

To study, investigate, counsel and develop and/or update periodically a written plan for the care, preservation, pruning, planting, replanting, removal or disposal of public trees and shrubs on city property.

e.

To review and recommend specific beautification projects and public awareness programs to the parks and recreation department, city manager and/or city council as may be appropriate.

f.

Coordinating and promoting Arbor Day activities.

g.

Submitting the annual application to renew the Tree City USA designation.

(b)

Tree care program.

(1)

Program created. There is hereby created and established a tree care program to provide full power and authority over the care of all trees, plants and shrubs located within public rights-of-ways, parks and public places and aids in the proper growth of a landscape program to enhance the beauty of the city.

(2)

Care of public trees.

a.

The city manager or his/her designees shall have the responsibility, to plant, prune, maintain and remove trees, plants and shrubs within the public right-of-way of all streets, alleys, avenues, lanes, squares, parks, and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. This shall include the removal of trees that may threaten electrical, telephone, gas, or any municipal water or sewer line, or any tree that is affected by fungus, insect, or other pest disease.

b.

Every owner of any tree or shrub overhanging any street or right-of-way within the city shall, in accordance to the city pruning guidelines, prune the branches so that such branches shall not severely obstruct the light from any street lamp or obstruct the view of any street intersection; will not obstruct the passage of pedestrians on sidewalks; will not obstruct vision of traffic signs; and will not obstruct the view of any street or alley intersection, and as provided in section 20-3 of this Code.

c.

No person shall remove, destroy, or cause the removal or destruction of a tree on city property or in any city park without first having obtained written permission for such removal or destruction from the city manager or his/her designee.

d.

It shall be unlawful for any person, firm or corporation to attach any cable, wire, rope sign or any object to any city tree, plant or shrub without written permission from the city manager or his/her designee.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)