A planning and zoning commission is hereby created in order to accomplish the following purposes:

(1)

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

(2)

To recommend achievable community goals as a basis for long-range planning and development programs;

(3)

To recommend plans, programs, and policies that will aid the entire community in achieving its defined goals; and

(4)

To interpret the adopted plans and programs to concerned citizens so that private activities and desires may be accomplished in harmony with public needs and policies.

(Code 1985, § 31.1500)

(a)

Composition. The planning and zoning commission shall be composed of seven qualified voters of the city. The city council will consider for appointment to the commission only those persons who have demonstrated their civic interest, general knowledge of the community, independent judgment, interest in planning and zoning, and availability to prepare for and attend meetings. It is the intent of the city council that members shall, by reason of the diversity of their individual occupations, constitute a commission which is broadly representative of the community.

(b)

Term of office. The terms of four of the members shall expire on December 31 of each odd-numbered year and the terms of three of the members shall expire on December 31 of each even-numbered year. The members of the commission shall be identified by place numbers one through seven. The odd-numbered places shall expire in the odd-numbered years; the even-numbered places shall expire in the even-numbered years. Commission members may be appointed to succeed themselves. Vacancies shall be filled for expired terms, but no member shall be appointed for a term in excess of two years. Newly appointed members shall be installed at the first regular commission meeting after their appointment.

(c)

Organization. The commission shall hold an organizational meeting at the first meeting of each year and shall elect a chairperson and vice-chairperson from among its members, before proceeding to other matters of business. The commission shall elect a secretary and other officers as it deems necessary either from its membership or from staff representatives assigned by the chief executive of the city to work with the commission. The commission shall meet regularly and shall designate the time and place of its meetings. The commission shall adopt its own rules of procedure and keep a record of its proceedings consistent with the provisions of this chapter and the requirements of law.

(d)

Alternate member. The city council may appoint one alternate commissioner being a qualified elector of the city who shall serve in the absence of one or more of the regular commissioners. This alternate commissioner, when appointed, shall serve for the same period as the regular commissioners, which is for a term of two years, and any vacancy shall be filled in the same manner and they shall be subject to removal the same as the regular members, and shall expire on December 31 of each even-numbered year. An alternate may, but is not required to, attend meetings of the commission. During an open meeting at which a quorum is present, an alternate commissioner may participate in discussion but may not cast a vote unless another commissioner is absent. When a regular commissioner will be absent from a meeting for any reason, the alternate commissioner shall be notified so that they may participate in the meeting in place of the absent commissioner.

(e)

In addition to the rules established in this section, the rules established in section 2-30 for all city boards and commissions shall also apply to the planning and zoning commission.

(Code 1985, §§ 31.1501—31.1503; Ord. No. 2023-02, § 1, 1-18-2023; Ord. No. 2025-03-19-08, § 1(Exh. A), 3-19-2025)

The planning and zoning commission is hereby charged with the duty and vested with the authority to:

(1)

Inspect property. Inspect property and premises at reasonable hours when required in the discharge of its responsibilities under the laws of the state and of the city.

(2)

City planning. Formulate and recommend to the city council for its adoption a city plan for the orderly growth and development of the city and its environs, and from time-to-time recommend such changes in the plan as it finds will facilitate the movement of people and goods and the health, recreation, safety, and general welfare of the citizens of the city.

(3)

Zoning plan. Formulate a zoning plan as may be deemed best to carry out the goals of the city plan; hold public hearings and make recommendations to the city council relating to the creation amendment, and implementation of zoning regulations and districts as provided in state law, authorizing cities and incorporated villages to pass regulations; and powers granted under said act are specifically adopted and made a part hereof.

(4)

Review power. Exercise all the powers of a commission as to review of plans, plats, or replats and vacations of plans, plats or replats set out in state law and make recommendations to the city council regarding disposition of same.

(5)

Public ways. Study and make recommendations on the location, extension and planning of public rights-of-way, parks or other public places, and on the vacating or closing of same.

(6)

Public structures. Study and make recommendations on the general design and location of public buildings, bridges, viaducts, street fixtures and other structures and appurtenances. Study and make recommendations on the design, alteration, location or relocation of works of art which are, or may become, the property of the city.

(7)

Initial proposals. Initiate, in the name of the city, for consideration at public hearings all proposals:

a.

For the opening, vacating, or closing of public right-of-way, parks or other public places;

b.

For the original zoning of annexed areas; and

c.

For the change of zoning district boundaries on an area-wide basis.

No fee shall be required for the filing of any such proposal in the name of the city.

(8)

Utilities and facilities. Formulate and recommend to the city council for its adoption policies and regulations consistent with the adopted city plan governing the location and/or operation of utilities, public facilities and services owned or under the control of the city.

(9)

Current developments. Keep itself informed with reference to the progress of city planning in the United States and other countries and recommend improvements in the adopted plans of the city.

(10)

Progress report. Submit each year, a progress report to the city council summarizing its activities, major accomplishments for the past year, and a proposed work program for the coming year. The report shall contain the attendance record of all members and the identity of commission officers for the year.

(Code 1985, § 31.1504; Ord. No. 2008-12, 11-20-2008; Ord. No. 2008-13, 11-20-2008)

(a)

Meeting and quorum. A quorum for the conduct of business shall consist of four members of the commission. The members of the commission shall regularly attend meetings and public hearings of the commission and shall serve without compensation, except for reimbursement of authorized expenses attendant to the performance of their duties.

(b)

Commission actions. A motion may be made by any member other than the presiding officer. A motion to approve any matter before the commission or to recommend approval of any request requiring council action shall require four favorable votes of the members present. When fewer than all the members are present for the voting and when all motions to recommend on a given application fail to carry by four votes, consideration of the application shall be continued to the next regular meeting upon motion carried by a majority of those present; provided further, that no request or application shall be continued under this rule beyond the next regular meeting. Failure of the commission to secure four concurring votes to approve or recommend approval at said next regular meeting shall be recorded in the minutes as a denial of the proposal under this rule.

(c)

Disqualification from voting.

(1)

A member shall disqualify himself from voting whenever he finds that he has a personal or monetary interest in the property under appeal, or that he will be directly affected by the decision of the commission.

(2)

A member may disqualify himself from voting whenever any applicant, or his agent, has sought to influence the vote of the member on his application, other than in the public hearing.

(Code 1985, §§ 31.1505—31.1507; Ord. No. 2008-12, 11-20-2008; Ord. No. 2008-13, 11-20-2008)

State Law reference— Zoning commission, V.T.C.A., Local Government Code § 211.007.