100 - PLANNING AND ZONING COMMISSION1
Editor's note— Ordinance No. 08-18, §§ 2—11, adopted April 8, 2008, did not specifically amend the Code. Therefore, such ordinance has amended article 12.100 to read as herein set out, at the editor's discretion. Former article 12.100, §§ 12.101—12.105 pertained to similar subject matter and derived from Ord. 72, §§ 3—6; Ord. No. 87-14, § 1, 11-10-87.
State Law reference— Authority to establish Zoning Commission, V.T.C.A., Local Government Code, § 211.007.
There is hereby created and established within Melissa a Planning and Zoning Commission which shall be subject to the jurisdiction of the City Council of Melissa.
(Ord. No. 08-18, adopted 4-8-08, Sec. 2; Ord. No. 2025-16, adopted 3-11-25, Sec. 2)
(a)
The Planning and Zoning Commission shall be composed of seven (7) members appointed by the City Council. The City Council is entitled to appoint as many alternate members as it deems necessary and appropriate. Alternate members shall serve in the absence of one (1) or more regular members when requested. An alternate member serves on the same terms and conditions as a regular member.
(b)
The qualifications for appointment to the Planning and Zoning Commission shall be as stated in Section 9.01 of the City Charter. In addition, candidates for appointment to the Planning and Zoning Commission must have resided continuously in Melissa for twelve (12) months immediately preceding the date the appointment is made.
(Ord. No. 08-18, adopted 4-8-08, Sec. 3; Ord. No. 2025-16, adopted 3-11-25, Sec. 2)
Members shall be designated as place numbers one (1) through seven (7). The term of office shall be for two (2) years. Places one (1), three (3), five (5) and seven (7) shall be appointed to two-year terms ending on September 30 in odd-numbered years. Place numbers two (2), four (4) and six (6) shall be appointed to two-year terms ending on September 30 in even-numbered years. The Planning and Zoning Commission shall serve without compensation.
(Ord. No. 08-18, adopted 4-8-08, Sec. 4; Ord. No. 2025-16, adopted 3-11-25, Sec. 2)
Any vacancy occurring during the unexpired term of a member shall be filled by the City Council for the remainder of the unexpired term.
(Ord. No. 08-18, adopted 4-8-08, Sec. 5; Ord. No. 2025-16, adopted 3-11-25, Sec. 2)
(a)
In October of each year, the Planning and Zoning Commission shall appoint from its members the Chair, Vice Chair and Secretary of the Planning and Zoning Commission to serve for one (1) year beginning in that month. All officers shall be subject to removal from office at any time by a vote of a majority of the Planning and Zoning Commission or by a vote of the majority of the City Council. A vacancy in the office of any officer shall be filled for the remaining term by a vote of a majority of the appointing authority.
(b)
The Chair shall be the presiding officer of the Planning and Zoning Commission with the following authority:
(1)
Shall preside over all meetings of the Board;
(2)
Shall vote on all matters coming before the Board;
(3)
Shall have the authority, upon reasonable notice to the members of the Planning and Zoning Commission, to call a special meeting of the Planning and Zoning Commission when in the Chair's judgment such a meeting is required; and
(4)
Shall report annually to the City Council concerning the Planning and Zoning Commission's activities and proposals.
(c)
The Vice Chair shall assist the Chair in directing the affairs of the Planning and Zoning Commission. In the absence or the inability to act of the Chair, the Vice Chair shall exercise the powers of the Chair.
(d)
The Secretary shall keep the minutes of all meetings of the Planning and Zoning Commission, and in the Secretary's absence, the Chair shall designate another member to act as Secretary. The Secretary may accept the assistance of City personnel in taking and transcribing minutes, when available, but shall sign before presenting the same to the Planning and Zoning Commission for approval.
(Ord. No. 08-18, adopted 4-8-08, Sec. 6; Ord. No. 17-23, adopted 2-28-17, Sec. 2; Ord. No. 18-06, adopted 11-7-17, Sec. 2; Ord. No. 2025-16, adopted 3-11-25, Sec. 2)
The Planning and Zoning Commission shall have its regular meeting on the second Thursday of each month or at such other times as the Planning and Zoning Commission and/or City Council deem necessary and appropriate. Special meetings of the Planning and Zoning Commission may be held at any time or place on proper notice. Special meetings may be called by the Chair, the City Manager, the staff liaison or on the request of three (3) members. The Planning and Zoning Commission shall keep minutes of its proceedings which shall be of public record. Board members are required to be in compliance with policies defined by the City Council for board members that are in existence or as modified in the future.
(Ord. No. 08-18, adopted 4-8-08, Sec. 7; Ord. No. 21-15, adopted 3-9-21, Sec. 2; Ord. No. 2025-16, adopted 3-11-25, Sec. 2)
Members of the Commission may be removed, without cause, by an affirmative vote of a majority of the full membership of the City Council.
(Ord. No. 08-18, adopted 4-8-08, Sec. 8; Ord. No. 2025-16, adopted 3-11-25, Sec. 2)
Four (4) members of the Planning and Zoning Commission shall constitute a quorum for the transaction of business. No action or recommendation of the Planning and Zoning Commission shall be valid or binding unless adopted by the affirmative vote of a majority of the Planning and Zoning Commission members present. The Chair shall be considered a voting member of the Planning and Zoning Commission.
(Ord. No. 08-18, adopted 4-8-08, Sec. 9; Ord. No. 2025-16, adopted 3-11-25, Sec. 2)
(a)
The Planning and Zoning Commission shall be responsible to and act as an advisory board to the City Council. The Planning and Zoning Commission shall:
(1)
Review all current and proposed ordinances and amendments pertaining to planning and zoning and make recommendations to the City Council for action to be taken;
(2)
Make proposals to the City Council to amend, extend and add to the Comprehensive Plan for the physical development of the Melissa;
(3)
Keep public records of its resolutions, findings and determinations; and
(4)
Review zoning requests and make recommendations to the City Council for final adoption of same;
(5)
Review and take final action on adoption of plats; and
(6)
Perform all functions and duties required by law and such other and further duties requested of it by the City Council.
(b)
The Planning and Zoning Commission shall have full power to:
(1)
Exercise the authority of the Planning and Zoning Commission as provided by state law and Melissa ordinances; and
(2)
Make reports and recommendations relating to the Comprehensive Plan and development of Melissa.
(c)
The Planning and Zoning Commission's authority shall not include:
(1)
The direction, supervision, employment or termination of employees of Melissa, including, without limitation, the staff liaison; and
(2)
The obligation of Melissa for any funds or expenditures or to incur any debt on behalf of Melissa.
(d)
All powers and duties prescribed and delegated herein are delegated to the Planning and Zoning Commission as a unit and all action hereunder shall be of the Planning and Zoning Commission acting as a whole. No action of an individual member is authorized except through the Planning and Zoning Commission.
(Ord. No. 08-18, adopted 4-8-08, Sec. 10; Ord. No. 2025-16, adopted 3-11-25, Sec. 2)
(a)
Any and all rules and regulations adopted by the Commission, if any, shall be forwarded in writing to the City Manager who shall submit them to the City Council with the City Manager's recommendations. The City Council may amend, adopt or reject any such rules or regulations. If any rules or regulations should be rejected, the Planning and Zoning Commission may modify them and submit such modified rules and recommendations to the City Council.
(b)
Should any person on the Planning and Zoning Commission have a conflict of interest, pursuant to any state laws and/or Melissa ordinances regulating conflicts of interest of municipal officers, with an agenda item then before the Planning and Zoning Commission, he/she shall openly declare same before discussion proceeds, and he/she is thereby prohibited from discussing the item or voting on the question, and is not considered as present and voting for the purposes of the tally.
(c)
Should any person on the Planning and Zoning Commission choose to abstain from voting on any question before the Planning and Zoning Commission, where no conflict of interest exists, the person's vote shall be recorded as a negative vote in the official minutes of the meeting.
(Ord. No. 08-18, adopted 4-8-08, Sec. 11; Ord. No. 2025-16, adopted 3-11-25, Sec. 2)
100 - PLANNING AND ZONING COMMISSION1
Editor's note— Ordinance No. 08-18, §§ 2—11, adopted April 8, 2008, did not specifically amend the Code. Therefore, such ordinance has amended article 12.100 to read as herein set out, at the editor's discretion. Former article 12.100, §§ 12.101—12.105 pertained to similar subject matter and derived from Ord. 72, §§ 3—6; Ord. No. 87-14, § 1, 11-10-87.
State Law reference— Authority to establish Zoning Commission, V.T.C.A., Local Government Code, § 211.007.
There is hereby created and established within Melissa a Planning and Zoning Commission which shall be subject to the jurisdiction of the City Council of Melissa.
(Ord. No. 08-18, adopted 4-8-08, Sec. 2; Ord. No. 2025-16, adopted 3-11-25, Sec. 2)
(a)
The Planning and Zoning Commission shall be composed of seven (7) members appointed by the City Council. The City Council is entitled to appoint as many alternate members as it deems necessary and appropriate. Alternate members shall serve in the absence of one (1) or more regular members when requested. An alternate member serves on the same terms and conditions as a regular member.
(b)
The qualifications for appointment to the Planning and Zoning Commission shall be as stated in Section 9.01 of the City Charter. In addition, candidates for appointment to the Planning and Zoning Commission must have resided continuously in Melissa for twelve (12) months immediately preceding the date the appointment is made.
(Ord. No. 08-18, adopted 4-8-08, Sec. 3; Ord. No. 2025-16, adopted 3-11-25, Sec. 2)
Members shall be designated as place numbers one (1) through seven (7). The term of office shall be for two (2) years. Places one (1), three (3), five (5) and seven (7) shall be appointed to two-year terms ending on September 30 in odd-numbered years. Place numbers two (2), four (4) and six (6) shall be appointed to two-year terms ending on September 30 in even-numbered years. The Planning and Zoning Commission shall serve without compensation.
(Ord. No. 08-18, adopted 4-8-08, Sec. 4; Ord. No. 2025-16, adopted 3-11-25, Sec. 2)
Any vacancy occurring during the unexpired term of a member shall be filled by the City Council for the remainder of the unexpired term.
(Ord. No. 08-18, adopted 4-8-08, Sec. 5; Ord. No. 2025-16, adopted 3-11-25, Sec. 2)
(a)
In October of each year, the Planning and Zoning Commission shall appoint from its members the Chair, Vice Chair and Secretary of the Planning and Zoning Commission to serve for one (1) year beginning in that month. All officers shall be subject to removal from office at any time by a vote of a majority of the Planning and Zoning Commission or by a vote of the majority of the City Council. A vacancy in the office of any officer shall be filled for the remaining term by a vote of a majority of the appointing authority.
(b)
The Chair shall be the presiding officer of the Planning and Zoning Commission with the following authority:
(1)
Shall preside over all meetings of the Board;
(2)
Shall vote on all matters coming before the Board;
(3)
Shall have the authority, upon reasonable notice to the members of the Planning and Zoning Commission, to call a special meeting of the Planning and Zoning Commission when in the Chair's judgment such a meeting is required; and
(4)
Shall report annually to the City Council concerning the Planning and Zoning Commission's activities and proposals.
(c)
The Vice Chair shall assist the Chair in directing the affairs of the Planning and Zoning Commission. In the absence or the inability to act of the Chair, the Vice Chair shall exercise the powers of the Chair.
(d)
The Secretary shall keep the minutes of all meetings of the Planning and Zoning Commission, and in the Secretary's absence, the Chair shall designate another member to act as Secretary. The Secretary may accept the assistance of City personnel in taking and transcribing minutes, when available, but shall sign before presenting the same to the Planning and Zoning Commission for approval.
(Ord. No. 08-18, adopted 4-8-08, Sec. 6; Ord. No. 17-23, adopted 2-28-17, Sec. 2; Ord. No. 18-06, adopted 11-7-17, Sec. 2; Ord. No. 2025-16, adopted 3-11-25, Sec. 2)
The Planning and Zoning Commission shall have its regular meeting on the second Thursday of each month or at such other times as the Planning and Zoning Commission and/or City Council deem necessary and appropriate. Special meetings of the Planning and Zoning Commission may be held at any time or place on proper notice. Special meetings may be called by the Chair, the City Manager, the staff liaison or on the request of three (3) members. The Planning and Zoning Commission shall keep minutes of its proceedings which shall be of public record. Board members are required to be in compliance with policies defined by the City Council for board members that are in existence or as modified in the future.
(Ord. No. 08-18, adopted 4-8-08, Sec. 7; Ord. No. 21-15, adopted 3-9-21, Sec. 2; Ord. No. 2025-16, adopted 3-11-25, Sec. 2)
Members of the Commission may be removed, without cause, by an affirmative vote of a majority of the full membership of the City Council.
(Ord. No. 08-18, adopted 4-8-08, Sec. 8; Ord. No. 2025-16, adopted 3-11-25, Sec. 2)
Four (4) members of the Planning and Zoning Commission shall constitute a quorum for the transaction of business. No action or recommendation of the Planning and Zoning Commission shall be valid or binding unless adopted by the affirmative vote of a majority of the Planning and Zoning Commission members present. The Chair shall be considered a voting member of the Planning and Zoning Commission.
(Ord. No. 08-18, adopted 4-8-08, Sec. 9; Ord. No. 2025-16, adopted 3-11-25, Sec. 2)
(a)
The Planning and Zoning Commission shall be responsible to and act as an advisory board to the City Council. The Planning and Zoning Commission shall:
(1)
Review all current and proposed ordinances and amendments pertaining to planning and zoning and make recommendations to the City Council for action to be taken;
(2)
Make proposals to the City Council to amend, extend and add to the Comprehensive Plan for the physical development of the Melissa;
(3)
Keep public records of its resolutions, findings and determinations; and
(4)
Review zoning requests and make recommendations to the City Council for final adoption of same;
(5)
Review and take final action on adoption of plats; and
(6)
Perform all functions and duties required by law and such other and further duties requested of it by the City Council.
(b)
The Planning and Zoning Commission shall have full power to:
(1)
Exercise the authority of the Planning and Zoning Commission as provided by state law and Melissa ordinances; and
(2)
Make reports and recommendations relating to the Comprehensive Plan and development of Melissa.
(c)
The Planning and Zoning Commission's authority shall not include:
(1)
The direction, supervision, employment or termination of employees of Melissa, including, without limitation, the staff liaison; and
(2)
The obligation of Melissa for any funds or expenditures or to incur any debt on behalf of Melissa.
(d)
All powers and duties prescribed and delegated herein are delegated to the Planning and Zoning Commission as a unit and all action hereunder shall be of the Planning and Zoning Commission acting as a whole. No action of an individual member is authorized except through the Planning and Zoning Commission.
(Ord. No. 08-18, adopted 4-8-08, Sec. 10; Ord. No. 2025-16, adopted 3-11-25, Sec. 2)
(a)
Any and all rules and regulations adopted by the Commission, if any, shall be forwarded in writing to the City Manager who shall submit them to the City Council with the City Manager's recommendations. The City Council may amend, adopt or reject any such rules or regulations. If any rules or regulations should be rejected, the Planning and Zoning Commission may modify them and submit such modified rules and recommendations to the City Council.
(b)
Should any person on the Planning and Zoning Commission have a conflict of interest, pursuant to any state laws and/or Melissa ordinances regulating conflicts of interest of municipal officers, with an agenda item then before the Planning and Zoning Commission, he/she shall openly declare same before discussion proceeds, and he/she is thereby prohibited from discussing the item or voting on the question, and is not considered as present and voting for the purposes of the tally.
(c)
Should any person on the Planning and Zoning Commission choose to abstain from voting on any question before the Planning and Zoning Commission, where no conflict of interest exists, the person's vote shall be recorded as a negative vote in the official minutes of the meeting.
(Ord. No. 08-18, adopted 4-8-08, Sec. 11; Ord. No. 2025-16, adopted 3-11-25, Sec. 2)