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Melissa City Zoning Code

ARTICLE 12

100 - PLANNING AND ZONING COMMISSION1


Footnotes:
--- (1) ---

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.


§ 12.101 - Establishment of Planning and Zoning Commission

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)

§ 12.102 - Number of Members

The Planning and Zoning Commission shall be composed of seven (7) members appointed by the City Council.

(Ord. No. 08-18, adopted 4-8-08, Sec. 3)

§ 12.103 - Term of Office

The term of office of each member shall be two (2) years; provided, however, at the time of appointment of the initial members of the Planning and Zoning Commission, the City shall draw by lot to determine three (3) members who shall serve a one (1) year term and four (4) members who shall serve a two (2) year term. The Planning and Zoning Commission shall serve without compensation.

(Ord. No. 08-18, adopted 4-8-08, Sec. 4)

§ 12.104 - Vacancies

When vacancies occur on the Planning and Zoning Commission, the City Council shall appoint, by majority vote, a replacement to serve the remainder of that term.

(Ord. No. 08-18, adopted 4-8-08, Sec. 5)

§ 12.105 - Officers

In October of each year, the City Council shall appoint the Chairman of the Planning and Zoning Commission to serve for one (1) year beginning in that month. In October of each year, the Planning and Zoning Commission shall elect from its members a Vice Chairman and a Secretary to serve for one (1) year beginning in that month.

(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)

§ 12.106 - Meetings/Attendance/Adherence to City Council Policies relating to Boards and Commissions

The Planning and Zoning Commission shall have its regular meeting on the second Thursday of each month and at such other times as the Planning and Zoning Commission and/or City Council deem necessary and appropriate. 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)

§ 12.107 - Removal From Office

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)

§ 12.108 - Quorum/Voting

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 Chairman shall be considered a voting member of the Planning and Zoning Commission.

(Ord. No. 08-18, adopted 4-8-08, Sec. 9)

§ 12.109. - Powers and Authority

(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 plats and zoning requests and make recommendations to the City Council for final adoption of same; and

(5)

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.

(Ord. No. 08-18, adopted 4-8-08, Sec. 10)

§ 12.110 - Procedure

(a)

Any and all rules and regulations adopted by the Commission, if any, shall be forwarded in writing to the City Administrator who shall submit them to the City Council with the City Administrator'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)