(a)

Building official. The building official is the city staff member who is the chief code enforcement officer for zoning and for building construction compliance. The building official and his alternate are appointed by the city manager. The building official shall serve as a staff resource person during those meetings of the commission, the board, or the council when a zoning action is before that body.

(b)

Responsibilities and duties. The building official shall have the following responsibilities and duties:

(1)

Review and participate in staff processing of the following:

a.

Building permits;

b.

Zoning variance requests;

c.

Specific use permits;

d.

Rezoning requests;

e.

Special exceptions.

(2)

Code enforcement:

a.

The building official is responsible for enforcement of building codes adopted by the council.

b.

As chief code enforcement officer the building official shall issue a stop order or a citation against any person in violation of this chapter and shall revoke any permit where it appears that there is a departure from plans, specifications, or conditions as required under the terms of the permit, where the permit was issued by mistake, where the permit was procured by false representation, or where any provisions of the zoning ordinance are being violated.

(Ord. No. 90-03, pt. 2, 3-6-90; Code 1982, § 28-4-1)

(a)

The city manager shall be the zoning administrator and shall appoint an alternate.

(b)

Authority and duties. The zoning administrator or alternate shall have the following authority and duties:

(1)

Administer and enforce the provisions of this chapter.

(2)

Serve as a nonvoting ex officio member, serve as secretary, and maintain the office of record of the commission and the board.

(3)

Review and coordinate staff activities with respect to the following applications:

a.

Zoning variance requests;

b.

Specific use permits;

c.

Rezoning requests;

d.

Special exceptions.

(Ord. No. 90-03, pt. 2, 3-6-90; Code 1982, § 28-4-2)

(a)

Composition and method of appointment.

(1)

The commission shall consist of seven members, each appointed in accordance with chapter 2, article IV of the Code of Ordinances, who shall serve three-year terms, such terms to coincide with the council position making the appointment. Each member shall reside in the city limits.

(2)

Commission members may be removed as provided in chapter 2, article IV of the Code of Ordinances. Furthermore, the absence by a member at three consecutive regular meetings of the commission shall be deemed to create a vacancy on the commission.

(3)

Vacancies shall be filled by the council for the unexpired term of any member whose position becomes vacant.

(4)

The chairman and vice-chairman of the commission shall be elected by majority vote of the commission members at the first regularly scheduled meeting of a year. In the absence of the chairman and the vice-chairman at any meeting, an acting chairman shall be elected by a majority vote of all members present.

(5)

The zoning administrator shall be a nonvoting ex officio member of the commission, shall serve as secretary of the commission, and shall maintain the records of the commission.

(6)

A quorum of the commission shall consist of a minimum of four members of the commission and any issue shall be decided by a majority vote of those members present. The member serving as chairman for the meeting is entitled to vote but has no veto power.

(b)

Meetings.

(1)

The commission shall establish a regular monthly meeting date. The commission shall also meet upon call of the mayor, city manager, zoning administrator, or chairman when there is a case to be heard by the commission or when there is such other business to be conducted that is within the responsibility of the commission.

(2)

All meetings of the commission shall be open to the public and minutes shall be kept and maintained as public records.

(c)

Authority. The commission shall have the following powers and duties:

(1)

Review applications for zoning changes, hear public comments, and make recommendations to the council regarding such applications.

(2)

Review applications for specific use permits, hear public comments, and grant, grant with modification, or deny such applications.

(3)

Review proposed preliminary subdivision plats, engineering plans, requested plat and plan variances, and proposed restrictive covenants and make recommendations to the council pertaining to each. (See subdivision chapter, chapter 52, article III.)

(4)

Review proposed plats and plans for mobile home parks and for such other developments as may be required by ordinance and make recommendations to the council pertaining to such.

(5)

Recommend to the council for amendments, extensions, and additions to the comprehensive master plan of the city, including the land use plan and the thoroughfare plan.

(6)

Recommend to the council for changes to the official zoning map of the city.

(7)

When appropriate, make a determination of appropriate zoning or use.

(8)

Perform such other duties as may be duly delegated to them from time to time by the council.

(d)

Appeal. Any person aggrieved by any action of the commission shall bring such grievance to the council at the next regularly scheduled meeting of the council.

(Ord. No. 90-03, pt. 2, 3-6-90; Ord. No. 94-03, pt. 1(2), 2-1-94; Code 1982, § 28-4-3; Ord. No. 97-12, § I(F)(1), 6-18-97; Ord. No. 2012-17, § IV, 9-4-12)

Cross reference— Boards, commissions and committees, § 2-206 et seq.

(a)

The council shall have the following authority under this chapter:

(1)

Appoint members, and alternate members when appropriate, to both the commission and the board.

(2)

Remove from office members of the planning and zoning commission and the board of adjustment as provided in the Code of Ordinances.

(3)

Adopt or reject, after public hearing, changes to any portion of this chapter.

(4)

Repeal, after public hearing, this chapter or any portion thereof.

(5)

Act upon recommendations of the commission concerning amendments, extensions, and additions to the comprehensive master plan of the city and to the official zoning map of the city.

(6)

Receive applications for zoning changes that have been reviewed by the commission, hear public comments, and grant, grant with modification, or deny such applications.

(7)

Hear appeals from applicants concerning actions by the commission, hear public comment, and grant, grant with modification, or deny such appeals.

(8)

Establish a schedule of fees or charges for any application or action under this chapter.

(b)

To provide for control of development, the council shall review and hear public comment concerning the following applications that have been reviewed by the commission:

(1)

Proposed preliminary subdivision plats, engineering plans, requested plat and plan variances, and proposed restrictive covenants (see subdivision chapter, subsection 52-33(g)).

(2)

Proposed plats and plans for mobile home parks and such other developments as may be required by ordinance.

(c)

Appeal. Any person aggrieved by action of the council may appeal to a court of competent jurisdiction for relief.

(Ord. No. 90-03, pt. 2, 3-6-90; Code 1982, § 28-4-4; Ord. No. 2012-17, § IV, 9-4-12)

(a)

Composition and method of appointment.

(1)

The board shall consist of seven members, appointed in accordance with chapter 2, article IV of the Code of Ordinances, to serve two-year terms, such terms to expire in November of alternating years. Each member shall reside within the city limits.

(2)

The council may also appoint up to four alternate members, to serve for the same period as regular members, who shall serve in the absence of one or more of the regular members when requested to do so by the mayor or city manager. Each alternate member must reside in the city limits.

(3)

Pursuant to V.T.C.A., Local Government Code § 211.008(b), as amended from time to time, the city council may remove a board member for cause as found by the city council, on a written charge after a public hearing.

(4)

Vacancies shall be filled for the unexpired term of any member whose position becomes vacant.

(5)

The chairman and vice-chairman of the board shall be elected from the regular membership by a majority vote of those members present at the first meeting of a year. In the absence of the chairman and the vice-chairman at any meeting, an acting chairman shall be elected by a majority vote of all members present.

(6)

The zoning administrator shall be a nonvoting ex officio member of the board, shall serve as secretary of the board, and shall maintain the records of the board.

(7)

A quorum of the board shall consist of a minimum of four members. Each case before the board must be heard by at least four members.

(8)

The concurring vote of six members of the board shall be required to reverse any order, requirement, decision or determination of any administrative official; or to decide in favor of an applicant on a matter on which the board is required to pass under this zoning chapter; or to authorize a variation from the terms of this zoning chapter.

(b)

City council as board. When the city council elects to be the board, the membership of the board shall be determined and composed in the following manner:

(1)

The term of each member of the board shall begin at the time of the council term and shall end at the time of the council term, resignation, or recall.

(2)

The mayor shall serve as chairman of the board and the mayor pro tem shall serve as the vice-chairman of the board.

(3)

The remaining three members of the board shall be selected by the council and the other two council members shall be alternates.

(c)

Meetings.

(1)

The board shall meet upon call of the chairman when there is a case to be heard by the board.

(2)

All meetings of the board shall be open to the public.

(3)

Minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, shall be kept. Records of its examinations and other official actions shall be maintained in the office of the board and shall be a public record.

(d)

Authority. The board shall have the following powers:

(1)

To hear and decide appeals where the applicant alleges that there is an error in any order, requirement, decision, or determination made by the city staff, the commission, or the city council in the enforcement of the zoning chapter.

(2)

To hear and decide variances and special exceptions as provided in section 64-129 and in section 64-130 to any provision of the zoning chapter.

(3)

To act as the appeal board as specified in section 22-68, flood hazard areas, Code of Ordinances.

(e)

Appeal. Any person, taxpayer, city staff member, or the commission, or city council, jointly or severally, aggrieved by any decision of the board may present to a court of competent jurisdiction 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. Attestation by the zoning administrator of the minutes of the board meeting in which such decision was rendered shall constitute such filing.

(Ord. No. 90-03, pt. 2, 3-6-90; Code 1982, § 28-4-5; Ord. No. 97-12, § I(F)(2), 6-18-97; Ord. No. 2012-17, § IV, 9-4-12)

Cross reference— Boards, commissions and committees, § 2-206 et seq.