It is the intent of these provisions to establish certain boards and commissions to facilitate administration, review and amendment of this Ordinance. This section prescribes the composition of such boards and commissions, sets for their terms of membership, and prescribes their responsibilities and authority.
Richland Hills City Zoning Code
ARTICLE 5
Development Review Bodies
§ 5.01 City Council.
(A)
Establishment.
The city council is established by the City Charter.
(B)
Responsibilities.
Responsibilities of the city council are summarized in Table 5 below.
Table 5. City Council Responsibilities | |
|---|---|
Section | Responsibility |
Section 8(B)(2) | Approve or rescind Shared Parking Space Calculations |
6.03.01.(B)(1) | Consider approval of a Zoning Map Amendment (Rezoning) |
6.03.01.(B)(2) | Consider approval of a Zoning Text Amendment |
6.05.01.(E)(1)(f) | Consider approval of a Required Plan Extension and Reinstatement for Vested Rights |
6.05.01.(E)(2)(d) | Consider approval of a Building Permit Site Plan Extension and Reinstatement for Vested Rights |
6.05.01.(G) | Consider approval of an Appeal to the City Council of a Decision on a Zoning Vested Rights Determination Request |
6.06.02.(B)(1) | Consider approval of a Site Plan for a Rezoning |
6.11.02. | Consider approval of an Appeal of a Building Permit Site Plan Decision |
6.07.01.(A) | Consider approval of a PD Planned Development Zoning District Establishment |
Section 6.08 | Consider approval of a Specific Use Permit (SUP) |
6.08.01.(E) | Consider approval of a Specific Use Permit Expiration and Extension |
Section 6.09 | Initiate an Amortization of Nonconforming Uses |
6.11.02. | Appeal of a Building Permit Site Plan Decision |
[Ord. No. 1273-14, § 1(Exh. A), 5-6-2014]
§ 5.02 Planning and Zoning Commission.
(A)
Establishment.
There is created a planning and zoning commission that shall be organized, appointed and function as follows:
(1)
Organization.
(a)
The planning and zoning commission shall consist of five members, each to be appointed by the city council for a term of two years, and each member may be removed for cause by the appointing authority upon written charges and after public hearing.
(b)
The commission members shall hold numbered places one through five.
(c)
Each member of the planning and zoning commission shall be appointed by the city council, and the city council may appoint alternate members of the planning and zoning commission, who shall serve in the absence of one or more of the regular members when requested to do so.
(d)
The planning and zoning commission shall elect one member as the chairperson.
(e)
The members of the planning and zoning commission shall regularly attend meetings and public hearings of the planning and zoning commission, and shall serve without compensation, except for reimbursement of authorized expenses attendant to the performance of their duties.
(2)
Vacancies.
(3)
Alternate membership.
The city council may appoint two alternate members of the planning and zoning commission who shall serve in the absence of one or more of the regular members when requested to do so by the chairperson or city manager, as the case may be.
(4)
Expiration of terms.
(a)
The terms of three members of the planning and zoning commission shall expire in May of each odd-numbered year, and the terms of two of the members shall expire in May of each even-numbered year.
(b)
Planning and zoning commission members may be appointed to succeed themselves.
(c)
Vacancies shall be filled for unexpired terms, but no member shall be appointed for a term in excess of two years.
(5)
Meetings.
(a)
A quorum for the conduct of business shall consist of three members of the planning and zoning commission.
(b)
The members of the planning and zoning commission shall regularly attend meetings and public hearings of the planning and zoning commission, and shall serve without compensation, except for reimbursement of authorized expenses attendant to the performance of their duties.
(6)
Procedures.
(a)
The planning and zoning commission shall hold an organizational meeting in May of each year.
(b)
The planning and zoning commission shall meet regularly at least once each month, and shall designate the time and place of its meetings.
(c)
The planning and zoning 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.
(B)
Powers and duties.
The planning and zoning commission is charged with the duty and invested with the authority to act as an advisory board to the city council and shall have the full power to:
(1)
Exercise the authority of the planning and zoning commission as provided by state law and city ordinances;
(2)
Review all current and proposed ordinances and amendments pertaining to planning and zoning commission and make recommendations to the city council for action to be taken;
(3)
Make proposals to the city council to amend, extend and add to the comprehensive plan for the physical development of the city;
(4)
Keep public records of its resolutions, findings and determinations; and
(5)
Review plats and zoning requests and make recommendations to the city council for final adoption of same.
(C)
Responsibilities.
Responsibilities of the planning and zoning commission are summarized in Table 6 below.
Table 6. Planning and Zoning Commission Responsibilities | |
|---|---|
Section | Responsibility |
6.03.01.(B)(1) | Make a recommendation on an application for a Zoning Map Amendment (Rezoning) |
6.03.01.(B)(2) | Make a recommendation on an application for a Zoning Text Amendment |
6.05.01.(E)(1)(f) | Make a recommendation on an application for a Required Plan Extension and Reinstatement for Vested Rights |
6.05.01.(E)(2)(d) | Make a recommendation on an application for a Building Permit Site Plan Extension and Reinstatement for Vested Rights |
6.06.02.(B)(1) | Make a recommendation on an application for a Site Plan for a Rezoning |
6.11.02. | Make a recommendation on an application for an Appeal of a Building Permit Site Plan Decision |
6.07.01.(A) | Make a recommendation on an application for a PD Planned Development Zoning District Establishment |
Section 6.08 | Make a recommendation on an application for a Specific Use Permit (SUP) |
[Ord. No. 1273-14, § 1(Exh. A), 5-6-2014; Ord. No. 1492-24 adopted 2/12/2024]
§ 5.03 Board of Adjustment.
(A)
Establishment.
There is hereby created a board of adjustment.
(1)
Organization.
The board of adjustment shall consist of five members who are residents of the city, each to be appointed by the city council for a term of two years and removable for cause by the appointing authority upon written charges and after public hearing. The city council shall designate one member as chairperson.
(2)
Vacancies.
Vacancies shall be filled for the unexpired term of any member whose place becomes vacant for any cause in the same manner as the original appointment was made; provided, however, that the city council may appoint four alternate members of the board of adjustment who shall serve in the absence of one or more of the regular members when requested to do so by the mayor or city manager, as the case may be.
(3)
Quorum requirement.
All cases to be heard by the board of adjustment shall be heard by a minimum of four members.
(4)
Alternate membership.
These alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two years, and any vacancy shall be filled in the same manner as would be used to appoint a regular member, and they shall be subject to removal in the same manner as the regular members.
(B)
Authority.
Pursuant to V.T.C.A., Local Government Code § 211.009, the board may:
(1)
Hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of a zoning regulation;
(2)
Hear and decide zoning special exceptions to the terms of a zoning regulation when the ordinance requires the board to do so;
(3)
Authorize in specific cases a zoning variance from the terms of a zoning regulation; and
(4)
Hear and decide other matters authorized by this Zoning Ordinance.
(C)
Actions.
(1)
Amend, revise or reform.
The board may reverse or affirm, in whole or in part, or modify the zoning administrator's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Board has the same authority as the zoning administrator.
(2)
Required vote.
Pursuant to V.T.C.A., Local Government Code § 211.009.(c), the concurring vote of four board members (or at least 75 percent of the board members) is necessary to:
(3)
Appeal to district court.
(a)
Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, or board of the municipality may present to a district court or county court a petition duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality.
(b)
Such petition shall be presented to the court within ten days after the filing of the decision in the office of the board and not thereafter.
(D)
Responsibilities.
Responsibilities of the board of adjustment are summarized in Table 7 below.
Table 7. Board of Adjustment Responsibilities | |
|---|---|
Section | Responsibility |
1.04.01.(G) | Act on a request for an Interpretation of Zoning District Boundaries |
Section 6.09 | Act on a request for an Amortization of Nonconforming Uses |
Section 6.10 | Act on a request for a Reinstatement of Nonconforming Rights |
6.11.01. | Act on a request for an Appeal of an Administrative Decision |
Section 6.12 | Act on a request for a Zoning Variance |
Section 6.13 | Act on a request for a Zoning Special Exception |
[Ord. No. 1273-14, § 1(Exh. A), 5-6-2014]
§ 5.04 Zoning Administrator.
(A)
Responsibilities.
Responsibilities of the zoning administrator are summarized in Table 8 below.
Table 8. Zoning Administrator Responsibilities | |
|---|---|
Section | Responsibility |
6.05.01.(E)(1)(f) | Process and review a Required Plan Extension and Reinstatement for Vested Rights |
6.05.01.(E)(2)(d) | Process and review a Building Permit Site Plan Extension and Reinstatement for Vested Rights |
6.05.01.(F) | Consider issuance of a Decision of a Zoning Vested Rights Determination Request |
6.06.02.(B)(2) | Act on a request for a Site Plan for a Building Permit |
6.06.03.(B) | Act on a request for a Minor Variation of a Site Plan |
6.07.04.(A) | Act on a request for a Minor PD Amendment and Adjustment |
Section 6.08 | Review a Specific Use Permit (SUP) |
6.08.01.(E)(2) | Provide recommendation on a request for an SUP Extension |
Section 6.10(A) | Determine Loss of Nonconforming Rights Status |
[Ord. No. 1273-14, § 1(Exh. A), 5-6-2014]
§ 5.05 Development Review Committee (DRC).
(A)
Establishment.
There is hereby created within and for the city a development review committee (DRC) with the responsibilities as hereinafter set forth.
(B)
Purpose.
The purpose of the DRC is to utilize the expertise of various city departments to review all site plans to ensure that city regulations are met and to provide a recommendation for either approval or denial in a written report to the zoning administrator.
(C)
Membership.
The DRC members shall consist of at least one representative from the following city departments, as appointed by the city manager:
(D)
Term.
Members shall serve at the discretion of the city manager.
(E)
Responsibilities.
The zoning administrator shall be responsible for establishing meeting times, determining when the DRC has finished review of a site plan or plat, and coordinating the DRC's written report.
Table 9. Development Review Committee Responsibilities | |
|---|---|
Section | Responsibility |
6.06.02.(B)(1) | Review a Site Plan for a Rezoning |
6.06.02.(B)(2) | Review a Site Plan for a Building Permit |
[Ord. No. 1273-14, § 1(Exh. A), 5-6-2014]
§ 5.06 Summary of Approval Authority of Fundamental Applications.
Table 10. Summary of Approval Authority | |||||
|---|---|---|---|---|---|
Responsibility | City Council | P&Z | Board of Adjustment | Zoning Administrator | DRC |
Interpretation of Zoning District Boundaries | Approve | ||||
Shared Parking Space Calculations | Approve or Rescind | ||||
Zoning Map Amendment (Rezoning) | Approve | Recommend | |||
Zoning Text Amendment | Approve | Recommend | |||
Required Plan Extension and Reinstatement for Vested Rights | Approve | Recommend | Review | ||
Building Permit Site Plan Extension and Reinstatement for Vested Rights | Approve | Recommend | Review | ||
Decision of a Zoning Vested Rights Determination Request | Approve | ||||
Appeal to the City Council of a Decision on a Zoning Vested Rights Determination Request | Approve | ||||
Site Plan for a Rezoning | Approve | Recommend | Review | ||
Site Plan for a Building Permit | Approve | Review | |||
Minor Variation of a Site Plan | Approve | ||||
Minor PD Amendment and Adjustment | Approve | ||||
PD Planned Development Zoning District Establishment | Approve | Recommend | |||
Specific Use Permit (SUP) | Approve | Recommend | Review | ||
Specific Use Permit Expiration and Extension | Approve | Recommend | |||
Amortization of Nonconforming Uses | Initiate | Approve | |||
Reinstatement of Nonconforming Rights | Approve | ||||
Loss of Nonconforming Rights Status | Determine | ||||
Appeal of an Administrative Decision | Approve | ||||
Appeal of a Building Permit Site Plan Decision | Approve | Recommend | |||
Zoning Variance | Approve | ||||
Zoning Special Exception | Approve | ||||
[Ord. No. 1273-14, § 1(Exh. A), 5-6-2014]