(a)   The planning and zoning commission shall be composed of five members, each of whom shall be appointed by the city council. The city council shall consider the qualifications of members, including alternate members as described below, based upon devotion to the best interests of the city and its citizens. The members shall serve for four-year-staggered terms. An appointee may be reappointed once, except for in cases of extraordinary circumstances as determined by the city council, in which case an appointee may be reappointed a second time. Vacancies occurring within an appointee's term shall be filled by an appointee from the city council. The members of the planning and zoning commission shall serve without remuneration for their services as members of the planning and zoning commission and shall hold no other municipal office.

   (b)   In addition to the five regular members of the commission, two alternate members of the commission, who shall serve in the absence of one or more regular members, shall be appointed by a majority vote of the city council. Alternate members shall be designated in numerical order as first and second alternates according to length of tenure. If the alternate members have equal service tenures, then the commission chairperson shall determine which alternate shall be designated as first or second. The alternate members shall serve in the absence, vacancy, or disqualification of a regular member in numerical order. If for any reason, the first alternate member is unavailable to serve, the second alternate member shall so serve. Alternate members may participate in discussions on items before the commission, but shall have no right to make motions or vote except when acting in the absence, vacancy, or disqualification of a regular member. The alternates shall serve for four-year-staggered terms and may be reappointed at the discretion of the city council. Vacancies occurring within an alternate's term shall be filled by an appointee from the city council. Service as an alternate commissioner does not count toward the term limitations provided in subsection (a).

   (c)   The planning and zoning commission shall select from its membership a chairperson and vice-chairperson and such other officers as it may deem necessary. Such election shall be for a period of one year. It shall adopt rules for the practical and efficient transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record. At least one meeting per month shall be held, so long as there is a need, and additional meetings may be held from time-to-time, upon the call of the chair. An alternate commission member may not serve as a chairperson or vice-chairperson.

   (d)   Commission members and alternates shall attend all meetings of the commission. Three consecutive absences, or a total of five absences during a 12-month period shall cause the city council to consider removal of the commission member or alternate. Failure to meet these attendance requirements will also bar the member or alternate from being reappointed for a subsequent term, absent the showing of good cause presented to, and accepted by the city council based on special circumstances.

   (e)   Members and alternates of the commission may be removed by the city council for inefficiency, neglect of duty or malfeasance in office.

(Code 2014, § 46-920; Ord. No. 629, § 01.31.001, 12-1-2006; Ord. No. 725, § 1, 8-12-2013; Ord. No. 868, § 1, 10-10-2023; Ord. No. 871, § 1, 2-12-2024)

The duties and functions of the planning and zoning commission include the following:

      (1)   To hold public hearings concerning planning and zoning matters, including rezonings, conditional use permits, master plans, ordinance revisions, plats, replats, annexations, and street, alley and easement vacations and dedications;

      (2)   To review amendments to the comprehensive plan, the elements of which are outlined in V.T.C.A., Local Government Code § 211.004;

      (3)   To recommend to and advise the city council on matters involving the comprehensive plan, this chapter, and the subdivision chapter;

      (4)   To review and recommend approval or denial of all subdivision plats submitted when required by the city's subdivision chapter;

      (5)   To review annually capital improvement projects for consistency with the comprehensive plan;

      (6)   To establish ad hoc or standing committees for the purpose of making recommendations and/or advising and informing the planning and zoning commission as a whole;

      (7)   To keep abreast of new planning methods to focus on the needs and priorities of the community;

      (8)   To study planning items relating to zoning, general development, and future growth of the city;

      (9)   To review and make recommendations to the city council on all rezonings, ordinance revisions, annexations, easement releases, and right-of-way abandonments;

      (10)   To make an annual report to the city council, giving a statement of its work during the preceding year, as well as make recommendations for future planning and zoning projects to be undertaken;

      (11)   To propose special studies to the city council for approval;

      (12)   To hold public hearings and to review, approve, or deny requested variances from the standards set forth in the height, setback, lot, off-street parking, building, landscaping, and specific district regulations and requirements, excluding any encroachments into city rights-of-way or easements, which shall remain the exclusive jurisdiction of the city council; and architectural regulations, buffering, and screening which shall remain the exclusive jurisdiction of the zoning board of adjustment; and

      (13)   To hold public hearings and to review, approve, or deny requested variances from the standards set forth in the wireless telecommunications facilities in article XXV of this chapter.

(Code 2014, § 46-921; Ord. No. 629, § 01.31.002, 12-1-2006)

   (a)   Planning and zoning commission authorization. The planning and zoning commission may authorize a variance from the regulations in this article when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the planning and zoning commission shall prescribe only conditions that it deems necessary to or desirable in the public interest. In making the findings hereinbelow required, the planning and zoning commission shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, and expected type and volume of traffic.

   (b)   Conditions for granting. No variance shall be granted unless the planning and zoning commission finds that all of the following are met:

      (1)   That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this article would deprive the applicant of the reasonable use of the applicant's land;

      (2)   That the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant;

      (3)   That the granting of the variance will not be detrimental to the public health, safety or welfare or injurious to other property or public facilities in the area; and

      (4)   That the granting of the variance will not have the effect of preventing the orderly development of the applicant's land and/or land in the vicinity in accordance with the provisions of this article.

   (c)   Findings of planning and zoning commission. Such findings of the planning and zoning commission, together with the specific facts upon which findings are based, shall be incorporated into the official minutes of the planning and zoning commission meeting at which such variance is granted. Variances only may be granted when in harmony with the general purpose and intent of this article so that the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship to the developer, standing alone, shall not be deemed to constitute undue hardship.

   (d)   Requests to be in writing. All requested variances from this article shall be made in writing at least ten working days prior to the date on which consideration is to be given by the planning and zoning commission. Submittal shall be made at city hall.

(Code 2014, § 46-922; Ord. No. 629, § 01.31.003, 12-1-2006)

   (a)   Request; city council review. If the applicant should disagree with the action of the planning and zoning commission, said applicant may appeal the decision to the city council. The request for appeal must be made in writing within ten days of the planning and zoning commission's decision. Following the filing of a notice of appeal, the city council shall, within 30 days, conduct a review of the decision of the planning and zoning commission denying the requested variance. In its review of the decision of the planning and zoning commission to deny the requested variance, the city council shall utilize the criteria set forth in section 46-922.

   (b)   Failure of city council to act. An application for a variance is automatically granted if the city council does not act on the variance appeal before the 30th day after the date the notice of appeal is filed. The applicant for the variance may waive the time deadline established by this subsection.

(Code 2014, § 46-923; Ord. No. 629, § 01.31.004, 12-1-2006)