A.

Table 5-1 provides a summary of the review and approval authorities of the development applications discussed in this zoning ordinance. The following list identifies the type of authority given for each application.

1.

The reviewing body reviews the application and makes recommendations to the decision-making body.

2.

The decision-making body makes the final decision to approve or deny the application request. A public hearing may be required.

Table 5-1. Summary of Review and Approval Authorities

Notes:

1.

Planning and zoning commission approval and notification may be required for specific site plans.

2.

Historical landmark commission shall be a designated reviewer for structures located within designated historic districts or individually designated historic, architectural, and cultural landmarks.

3.

The board shall hear appeals of administrative decisions/certificates of occupancy related to enforcement of this zoning ordinance.

A.

Establishment. The city council is established within article II of the city's Charter.

B.

Responsibilities. A summary of the city council's responsibilities within this zoning ordinance is provided in table 5-1.

A.

Establishment. The planning and zoning commission is established and governed by the standards within article XI of the city's Charter.

B.

Responsibilities. A summary of the planning and zoning commission's responsibilities within this zoning ordinance is provided in table 5-1.

A.

Establishment. The board of adjustment is hereby created consisting of the same number of members as the city council (including its chairperson).

B.

Appointments. A resolution giving notice of the appointment will be provided for city council agenda for the public record. The city council shall take a simple majority vote to officially appoint each candidate to the board.

C.

Terms. Four board members, including the chairperson, shall be appointed during even-numbered years and three board members shall be appointed during odd-numbered years, for two-year terms.

D.

Vacancies. In the event of a vacancy occurring in the membership of the board for any reason, an appointment for the remainder of the vacant term must be made in the same manner as regular appointments.

E.

Removal. A member of the board may be removed for cause by city council upon written charges and after public hearing.

F.

Meetings. Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. All meetings of the board shall be open to the public.

G.

Rules of procedure.

1.

The board by majority vote shall adopt rules in accordance with the zoning ordinance and with the approval of city council.

2.

The chairperson, or in their absence, the acting chairperson, may administer oaths and compel the attendance of witnesses.

3.

The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicate such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

H.

Authority of the board. The board may, after public notice and public hearing, and subject to appropriate conditions and safeguards, hear and act on applications for:

1.

Appeals where it is alleged there is error on any order, requirement, decision, or determination made by an administrative official in the enforcement of this zoning ordinance;

2.

Special exceptions to the terms of this zoning ordinance when the ordinance requires the board to do so;

3.

In specific cases, a variance from the terms of the zoning ordinance when the variance is:

a.

Not contrary to the public interest; and

b.

Special conditions exist that are unique to the property and not created or self-imposed by the current property owner; and

c.

Literal enforcement of the ordinance would result in unnecessary hardship; and

d.

The spirit of the zoning ordinance is observed; and

e.

Substantial justice is done; and

4.

Amortization of nonconformities when the terms of the zoning ordinance requires the board to do so.

I.

Actions of the board. The concurring vote of 75 percent of the members of the board shall be necessary to:

1.

Reverse any order, requirement, decision or determination of an administrative official;

2.

Decide in favor of an applicant on special exception under this zoning ordinance;

3.

Authorize a variance from the terms of the zoning ordinance; or

4.

Approve amortization of nonconformities under the terms of this zoning ordinance.

A.

Establishment. There is hereby created a historical landmark commission of the city, which said commission shall consist of nine members and two alternates, all of whom shall be resident citizens, taxpayers, and qualified voters of this city.

1.

The members of the historical landmark commission shall qualify by taking the usual official constitutional oath of office.

2.

Said members of the historical landmark commission shall serve without pay or compensation and shall be appointed by resolution, duly passed by a majority vote of the city council.

B.

Composition.

1.

The commission shall be composed and appointed to include at least one member representing the following:

a.

One member shall be a member of the planning and zoning commission;

b.

One member shall be a licensed architect;

c.

One member shall be a licensed attorney;

d.

One member shall be a member of the Port Arthur Historical Society; and

e.

One member shall be a member of the Jefferson County Historical Society.

2.

All members shall have knowledge and experience of the architectural, archaeological, cultural, social, economic, ethnic, and political history of Port Arthur.

C.

Terms. The term of office of said historical landmark commission shall be for three years.

D.

Vacancies. Vacancies shall be filled for the remainder of the unexpired term of any member whose place becomes vacant for any cause.

E.

Operational procedures. Operational procedures shall be established by the historical landmark commission as follows:

1.

The historical landmark commission shall adopt rules to govern its proceedings; provided that its rules are not in conflict with this ordinance, other ordinances of the city, or the laws of the state and these rules shall be ratified by the city council.

2.

The historical landmark commission shall elect a chairperson and vice-chairperson from its membership.

3.

The director of planning shall serve as secretary for the commission and shall be responsible for taking minutes of the commission's proceedings and filing them in the office of the city secretary.

4.

The historical landmark commission shall meet on a monthly basis at an agreed upon specified time and place. Special meetings shall be called by the commission chairperson or by three commission members.

5.

Five members shall constitute a quorum, and all issues shall be decided by a simple majority vote of the members present and voting.

6.

Any appointed member of the historical landmark commission who fails to attend at least 80 percent of all such regular meetings during any 12-month period shall lose membership on the commission, unless such failure to attend was approved by the commission. Verification of attendance shall be based exclusively on the minutes of each meeting as filed with the city secretary.

7.

Notices of commission meetings shall be governed by Article 6252-17, V.T.S. (Open Meetings Law), all meetings shall be open to the public, and minutes shall be kept on all commission proceedings.

F.

Functions. The historical landmark commission shall be empowered to:

1.

Review and take action to approve, approve with conditions or deny applications for site plans and other permits for new construction and renovation of structures located within designated historic districts and for individually designated historic, architectural, and cultural landmarks.

2.

Make recommendations to the city council for employment of staff and professional consultants as necessary to carry out the duties of the commission.

3.

Prepare rules and procedures as necessary to carry out the business of the commission, which shall be ratified by the city council.

4.

Recommend to the city council criteria for the designation of historic, architectural, and cultural landmarks and the delineation of historic districts.

5.

Conduct surveys and maintain an inventory of significant historic, architectural, and cultural landmarks and all properties located in historic districts within the city.

6.

Recommend the designation of resources as landmarks and historic districts.

7.

Create committees from among its membership and delegate to these committees' responsibilities to carry out the purposes of this ordinance.

8.

Recommend conferral of recognition upon the owners of landmarks or properties within districts by means of certificates, plaques, or markers.

9.

Increase public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs.

10.

Make recommendations to the city council concerning the utilization of state, federal, or private funds to promote the preservation of landmarks and historic districts within the city.

11.

Recommend specific design guidelines for the review of landmarks and districts.

12.

Recommend the acquisition of a landmark structure by the city council where its preservation is essential to the purpose of this act and where private preservation is not feasible.

13.

Propose tax abatement programs for landmarks and districts.

14.

Recommend to the city council acceptance of the donation of preservation easements and development right as well as any other gift of value for the purpose of historic preservation.

G.

Historic preservation officer.

1.

The director of planning shall serve as historic preservation officer. This officer shall administer this section and advise the historical landmark commission on matters submitted to it.

2.

In addition to serving as a representative of the commission, the officer is responsible for coordinating the city's preservation activities with those of state and federal agencies and with local, state and national nonprofit preservation organizations.

A.

Responsibilities. A summary of city staff's responsibilities within this zoning ordinance is provided in table 5-1.