In addition to any authority granted the city council by state law or the Code of Ordinances of the city, the city council shall have the powers and duties set forth in this chapter, including but not limited to the following:

(A)

To review and approve, disapprove or modify the capital improvement program prepared by the mayor;

(B)

To call and conduct public hearings on proposals to amend or modify the provisions of this chapter;

(C)

To amend the provisions of this chapter upon appropriate findings, by ordinance, after public hearing and recommendation by the planning and zoning commission; and

(D)

To take such other action not otherwise reserved for the planning and zoning commission that the city council may deem desirable and necessary.

(Prior Code, § 24-202; Ord. 85-036, §§ 1, 2, 12-5-1985; Am. Ord. 2012-11, 5-22-2012)

(A)

Creation. There is hereby created the city planning commission. This commission shall serve also as the zoning commission of the city and shall be known and referred to as the city planning and zoning commission.

(B)

Purpose. The commission is created for the purpose of fulfilling, in a manner consistent with the laws of the state, those planning and zoning responsibilities delegated to it by the ordinances of the city. Its dominant purposes shall be to accomplish the following:

(1)

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

(2)

To recommend to the city council achievable community goals for planning and development programs;

(3)

To recommend to the city council plans, programs and policies calculated to aid the community in achieving its defined goals; and

(4)

To explain to and explore with concerned citizens those plans and programs adopted by the city council in an effort to ensure that private activities and desires may be accomplished in harmony with public needs and policies.

(C)

Membership and appointment. The commission shall be composed of five regular members to be appointed by the city council. The city council may also appoint at least three but no more than seven alternate members who shall serve in the absence of one or more of the regular members when requested to do so by the chairperson of the commission, the vice-chairperson or the acting chairperson in the event of the absence of the chairperson and vice-chairperson. All of these members, both regular and alternate, shall serve at the pleasure of the city council and shall, at the time of appointment and at all times while service as members of the commission, be qualified electors of the city.

(D)

Terms of office. Each member appointed to the commission, whether regular or alternate, shall serve a term of two years, except that initially three regular members and not more than three alternate members shall be appointed for a term ending two years from the date of their appointment, and two regular members and not more than four alternate members shall be appointed for a term ending one year from the date of their appointment. Thereafter, the number of regular members to be appointed annually shall equal the number of regular members whose terms are expiring in that year, and the number of alternate members to be appointed may be established by the city council, provided that at no time shall the total number of alternate members exceed seven. Members of the Commission may be appointed to succeed themselves.

(E)

Vacancies. Vacancies on the commission shall be filled by the city council. Unless sooner removed by the city council, a person appointed to fill a vacancy shall serve for the remainder of the time for which his or her predecessor on the commission was appointed. Newly appointed members shall be installed at the first regular meeting of the commission following their appointment.

(F)

Organization. The commission shall hold an organizational meeting each year within 15 days following the appointment of new members to the commission. At each such organizational meeting, the commission shall elect from among its members a chairperson and a vice-chairperson before proceeding to any other matters of business. The mayor shall appoint a secretary to the commission who shall serve at the pleasure of the mayor. The secretary shall keep minutes of all proceedings of the commission, which shall include the vote of each member upon every question. The minutes shall be a summary of all proceedings before the commission attested to by the secretary and shall be approved by a vote of a majority of the members of the commission voting to approve the minutes. The secretary shall maintain all records of the commission and shall, in addition, prepare reports of the commission for signature by the chairperson.

(G)

Meetings. The Commission shall meet regularly at least once each month and shall designate the date, time and place of its meetings. It shall hold such special meetings as may be called by the chairperson, the vice-chairperson or a majority of its members. All meetings of the commission shall be open to the public in accordance with the provisions, limitations and exceptions of the Texas Open Meetings Law, V.T.C.A. Government Code ch. 551. The commission shall adopt its own rules of procedure and shall keep a record of its proceedings consistent with the provisions of this section and the requirements of law.

(H)

Quorum. A majority of the members of the commission shall constitute a quorum for the transaction of business.

(I)

Duties and powers. The commission is hereby charged with the responsibility and invested with the authority to:

(1)

Formulate and recommend to the city council for its adoption such plans, programs and policies related to the future growth and development of the city as the commission deems appropriate and necessary;

(2)

Exercise all of the powers and responsibilities of a planning commission relating to the approval or disapproval of land subdivision plans, plats or replats and to the vacation of the plans, plats or replats granted by the laws of the state, including but not limited to V.T.C.A. Loc. Government Code chs. 212 and 242 and V.T.C.A. Local Government Code ch. 212, and by the ordinances of the city, including but not limited to chapter 152, Subdivision Regulations, of the Code of Ordinances of the city;

(3)

Exercise all of the powers and responsibilities of a zoning commission relating to the formulation of a zoning plan, hold public hearings and make recommendations to the city council relating to the creation, amendment and implementation of zoning regulations, classifications and districts, all as provided for in the laws of the state, including but not limited to V.T.C.A. Loc. Government Code ch. 211, and the ordinances of the city, including but not limited to this chapter of the Code of Ordinances of the city; and

(4)

Perform such other duties and address such other matters as may be conferred upon or referred to the commission by the city council.

(J)

Compensation. Members of the commission shall serve without compensation; however, each member shall be entitled to reimbursement of actual and necessary expenses incurred by him or her in the discharge of his or her official duties on the commission, subject to approval by the city council.

(K)

Conflict of interest. No member of the commission shall vote or participate in any proceeding before the commission which involves any matter or property in which he or she has a personal or pecuniary interest, in which the decision of the commission will directly affect him or her, or in which the decision of the commission will affect any property within 200 feet of his or her place of residence. In the event any such possible conflict should arise, the member affected thereby shall make disclosure of that fact to the commission, which disclosure shall be duly noted in the minutes of the commission, and disqualify himself or herself from any further participation in the commission's consideration of the matter.

(Prior Code, § 24-302; Ord. 85-036, §§ 1, 2, 12-5-1985)

(A)

Creation. There is hereby established the board of adjustment.

(B)

Qualifications for membership. Members of the board of adjustment shall possess the following minimum qualifications:

(1)

Shall be at least 21 years of age;

(2)

Shall be citizens of the United States of America and qualified voters of the State of Texas;

(3)

Shall have resided for at least one year next preceding their appointment within the corporate limits of the city; and

(4)

Shall possess such other qualifications as shall be from time to time imposed by law for members of the city council.

(C)

Membership: Appointment, removal, terms and vacancies.

(1)

The board of adjustment shall be composed of five regular members to be appointed by the city council, who shall serve without compensation. The city council may also appoint four alternate members who shall serve in the absence of one or more of the regular members, when requested to do so by the chairperson of the board or the vice-chairperson or acting chairperson in the event of the absence of the chairperson and vice-chairperson.

(2)

All members of the board shall serve a term of two years, serving until their successors are appointed and qualified.

(3)

No member of the board may be removed by the city council except for cause; provided, however, that before the removal, the member shall be provided written charges and given an opportunity to appear in his or her defense at a public hearing.

(D)

Chairperson and vice-chairperson.

(1)

At the first meeting after the appointment of members of the board for a new term, the members of the board shall elect one of their number as chairperson and one of their number as vice-chairperson.

(2)

In the absence of the chairperson, the vice-chairperson shall act as chairperson and shall have all powers of the chairperson.

(3)

The members of the board may select an additional person to preside over meetings in the absence of the chairperson and the vice-chairperson.

(4)

The presiding officer of any meeting of the board may administer oaths and shall be in charge of all proceedings before the board and shall take such action as shall be necessary to preserve order and the integrity of all proceedings before the board.

(E)

Staff secretary. The mayor shall appoint a secretary to the board who shall serve at the pleasure of the mayor. The secretary shall keep minutes of all proceedings of the board, which shall include the vote of each member upon every question. The minutes shall be a summary of all proceedings before the board attested to by the secretary and shall be approved by a vote of a majority of the members of the board voting to approve the minutes. The secretary shall maintain all records of the board and shall, in addition, prepare orders of the board for signature by the chairperson as the official orders of the board.

(F)

Planning and zoning official and building official. In order to implement the applicable provisions of this chapter, the planning and zoning official and the building official shall provide necessary staff support to the board.

(G)

Quorum and necessary vote. No meeting of the board may be called to order nor may any business be transacted by the board without a quorum, consisting of at least four members of the board, being present. The concurring vote of at least four members shall be necessary for the board to take action, save and except to consider and pass a motion of adjournment which shall require the concurring vote of a simple majority of the members of the board then present and voting.

(H)

Meetings, hearings and procedures.

(1)

Regular meetings of the board shall be held monthly as business shall require, and special meetings at the call of the chairperson.

(2)

All meetings and hearings of the board shall be open to the public in accordance with the provisions, limitations and exceptions of the Texas Open Meetings Law, V.T.C.A. Government Code ch. 551.

(3)

Notices of appeals and requests for variances or special exceptions or for determination of nonconforming uses or elimination thereof shall be given by mail to the persons-in-interest and by publishing a notice of the hearing in a newspaper of general circulation in the city at least ten days prior to the date set for the hearing.

(4)

All records of the board shall be public records open to inspection at reasonable times and upon reasonable notice in accordance with V.T.C.A. Government Code ch. 552.

(I)

Powers and duties. The board shall have the following powers and duties:

(1)

To hear and decide where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of V.T.C.A. Local Government Code ch. 211, or of this chapter;

(2)

To hear and decide special exceptions to the terms of this chapter;

(3)

To authorize, upon appeal in specific cases, such variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done;

(4)

To review and report on any matter referred to it by the mayor or the city council; and

(5)

To adopt rules of procedure which are not in conflict with the provisions of this chapter.

(J)

Appeals from the board. Any person or persons, jointly or severally, or any taxpayer, any officer, department or board of the municipality, aggrieved by any decision of the board, may present to the district court of the county, a verified petition stating that a decision is illegal and specifying the grounds of the illegality. The petition shall be filed with the court no later than ten days after the filing of the board's decision with the city secretary. If the person or persons fails to file the petition within the ten-day period of time, then the decision of the board shall become final and binding.

(Prior Code, § 24-303; Ord. 85-036, §§ 1, 2, 12-5-1985)

(A)

Creation and appointment. There is hereby established an office of planning and zoning. The planning and zoning official shall be the head of the office of planning and zoning and shall be appointed by and serve at the pleasure of the mayor.

(B)

Jurisdiction, authority and duties. In addition to the jurisdiction, authority and duties which may be conferred on the planning and zoning official by other provisions of this code, the planning and zoning official shall have the following jurisdiction, authority and duties:

(1)

The planning and zoning official shall receive and review, or cause to have reviewed, all applications under the provisions of this chapter;

(2)

The planning and zoning official shall serve as staff planner to the planning and zoning commission and board of adjustment, and shall inform those bodies of all facts and information at his or her disposal with respect to the development proposals or any other matters brought before the bodies;

(3)

The planning and zoning official shall assist in the preparation and giving of all notices required by this chapter and may, in addition, give recommendations on all proposals properly before the commission or the city council;

(4)

The planning and zoning official shall assist the city secretary in maintaining the Official Zoning District Map;

(5)

The planning and zoning official shall certify compliance when it shall be determined that a proposed development is in accordance with the provisions of this chapter; and

(6)

Whenever requested to do so by the mayor or the city council, the planning and zoning official, with the assistance of other city departments, shall conduct or cause to be conducted surveys, investigations and studies and shall prepare or cause to be prepared such reports, maps, photographs, charts and exhibits as may be requested.

(Prior Code, § 24-304; Ord. 85-036, §§ 1, 2, 12-5-1985)

(A)

Creation and appointment. There is hereby created an office of inspections. The building official shall be the head of the office of inspections and shall be appointed by and serve at the pleasure of the mayor.

(B)

Jurisdiction, authority and duties. In addition to the jurisdiction, authority and duties which may be conferred on the building official by other provisions of this code, the building official shall have the following jurisdiction, authority and duties:

(1)

The building official shall issue building permits in accordance with the procedures of this code;

(2)

The building official shall issue certificates of occupancy in accordance with the procedures of this code;

(3)

The building official shall enforce the provisions of this chapter; and

(4)

The building official shall provide the city council, the planning and zoning commission and the board of adjustment with reports and recommendations with respect to matters before those bodies as directed by the mayor.

(Prior Code, § 24-305; Ord. 85-036, §§ 1, 2, 12-5-1985)