This article establishes or describes the development review bodies that pertain to this ordinance.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)

The building official must take final action on the following development review applications:

A.

Building permits;

B.

Sign permits;

C.

Moving Permits; and

D.

Certificates of occupancy.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)

Information regarding the establishment, membership and rules of procedure of the city council is available in article II of the city Charter.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)

The city council hears and takes final action on the following development review regulations, procedures and applications:

A.

Zoning ordinance amendments;

B.

Zoning district map amendments;

C.

Planned developments; and

D.

Specific use permits.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)

The planning and zoning commission is established by the city Charter, article XII and in accordance with the provisions of V.T.C.A., Local Government Code ch. 211.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)

The following powers and duties are assigned to the commission.

A.

Review and recommendation. The commission must review and make a recommendation on the following:

1.

Zoning ordinance amendments;

2.

Zoning district map amendments;

3.

Planned developments;

4.

Specific use permits; and

5.

Other matters required by the ordinances of the city or state law.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A minimum of seventy-five percent (75%) vote of all the members of the council is required to overrule a recommendation by the commission that a proposed zoning ordinance amendment, zoning district map amendment, planned development or specific use permit be denied.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A.

Number, appointment, and term.

1.

Construction and term. The Commission consists of seven (7) regular members and one (1) first (1 ^st ) alternate and one (1) second (2 ^nd ) alternate, each to be appointed for a term of two (2) years; provided, however, that the members shall continue to serve until their successors are appointed.

2.

Assignment of places. Regular and alternate members are assigned numbers places based on whether they were appointed in an even or odd year. Those appointed in an odd year will receive an odd numbered place designation (1, 3, 5, 7, 1 ^st alternate) and those appointed in an even numbered year will be assigned an even numbered place designation (2, 4, 6, 2 ^nd alternate).

3.

Vacancies. Vacancies are 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.

4.

Preferences in membership. To the extent possible, the council shall appoint members who have experience or expertise in real estate, architecture, building trades. landscape architecture, urban planning, geography, or attorneys with land use and zoning expertise.

B.

Removal. Members are removable for cause by the council upon written charges and after public hearing.

C.

Compensation. Members shall serve without pay or reimbursement.

D.

Secretary. City staff shall act as the official secretary.

E.

Election and vacancy of officers. A chair and vice-chair shall be elected annually from its membership. Any vacancy of elected officers shall be filled at the next available meeting to complete the remaining annual term. Alternate members may serve as officers.

F.

Election of chair-pro-tempore. In circumstances where the elected officers are not present the commission must elect a chair-pro-tempore from the membership to preside. This election shall take precedence over all business.

(Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A.

Voting.

1.

Authority to vote. Regular members can vote on any item. However, the alternate members shall only have the authority to cast a vote on an item when they are automatically elevated in accordance with this section.

2.

Tie vote. In situations where this occurs, the action is regarded as a denial.

B.

Calling of meetings.

1.

Regular meetings. The commission shall meet regularly once (1) a month, as needed, to conduct business.

2.

Special meetings. These may be called by the council, commission chair, or by the city manager.

C.

Meetings open to the public. All meetings are open to the public in accordance with State law.

D.

Quorum. A quorum of at least four (4) members must be present to have a meeting.

E.

Rules of proceeding. The commission shall adopt rules to govern its proceedings provided that such rules are not inconsistent with this ordinance or statutes of the State of Texas.

E.

Minutes and approval of minutes. The commission shall keep written minutes of its proceedings, showing the vote. Minutes shall be approved by a majority of the commission members present.

F.

Required staff reports. The director is the regular technical advisor to the Commission and must prepare written staff reports on each case that the Commission hears.

G.

Elevation of alternates in matters of quorum and voting. In situations where there is a lack of quorum for a meeting, the first (1 ^st ) alternate member and then the second (2 ^nd ) alternate member is automatically elevated to regular member(s), in that order, only to satisfy quorum and voting requirements.

H.

Lack of quorum for a meeting and authority during the meeting. In circumstances where there is no quorum to hold a meeting, the following shall take place:

1.

Chair or chair pro tern shall announce that the meeting is canceled for a lack of quorum; or

2.

City staff will announce there is a lack of quorum to conduct business and the meeting is canceled.

(Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A.

Knowledge of staff packet. Review and read packets before any meeting to acquire basic knowledge of the proposed item,

B.

Knowledge of Roberts Rules of Order. Have general knowledge of Roberts Rules of Order to conduct meetings.

C.

Proper Attendance. The member cannot miss more than three (3) regular meetings in a calendar year unless excused by the remainder of the commission.

D.

Report conflict of interest; leaving room. Conflict of interest must be disclosed to the Director ahead of time for a case to be heard so an alternate can replace the member with the conflict in hearing the case. That member must excuse themselves from the meeting room during the hearing of the case.

E.

Information active. Keep the city informed on any address changes and/or contact information.

(Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A board of adjustment is established by city Charter article XII and in accordance with and controlled by the provisions of V.T.C.A., Local Government Code ch. 211.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A.

The board shall consider:

1.

Appeals of staff decisions. Hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of state law regarding zoning or this ordinance;

2.

Special exceptions. Hear and decide special exceptions to the terms of a zoning ordinance when the ordinance requires the board to do so;

3.

Variance from development/zoning standards. Authorize in specific cases a variance from development/zoning standards; and

4.

Other matters in accordance with Charter and law. Hear and decide other matters authorized by an ordinance adopted under state law or the city Charter.

In exercising its authority under subsection A.1, the board may reverse or affirm, in whole or in part, or modify the administrative official'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 administrative official.

B.

The concurring vote of seventy-five percent (75%) of the members is necessary to:

1.

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

2.

Decide in favor of an applicant on a matter on which the board is required to pass under this zoning ordinance; or

3.

Authorize a variation from the terms of this zoning ordinance.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A.

Number, appointment, and term.

1.

Preferences in membership. To the extent possible, the council shall appoint members who have experience or expertise in real estate, architecture, building trades, landscape architecture, urban planning, geography, or attorneys with land use and zoning expertise.

2.

Construction and term. The board consists of five (5) regular members and one (1) first (1 ^st ) alternate and one (1) second (2 ^nd ) alternates, each to be appointed for a term of two (2) years; provided, however, that the members shall continue to serve until their successors are appointed.

3.

Vacancies. Vacancies are 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.

4.

Assignment of places. Regular members are assigned numbers places based on whether they were appointed in an even or odd year. Those appointed in an odd year will receive an odd numbered place designation (1, 3, 5, 1 ^st alternate) and those appointed in an even numbered year will be assigned an even numbered place designation (2, 4, 2 ^nd alternate).

B.

Removal. Members are removable for cause by the council upon written charges and after public hearing.

C.

Compensation. Members shall serve without pay or reimbursement.

D.

Secretary. City staff shall act as the official secretary.

E.

Election and vacancy of officers. A chair and vice-chair shall be elected annually from its membership. Any vacancy of elected officers shall be filled at the next available meeting to complete the remaining annual term. Alternate members may serve as officers.

F.

Election of chair-pro-tempore. In circumstances where the elected officers are not present the board must elect a chair-pro-tempore from the membership to preside. This election shall take precedence over all business.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A.

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

B.

Voting.

1.

Authority to vote. Regular members can vote on any item. However, the alternate members shall only have the authority to cast a vote on an item when they are automatically elevated in accordance with this section.

2.

Tie vote. In situations where this occurs, the action is regarded as a denial.

C.

Calling of meetings.

1.

Regular meetings. The board shall meet regularly once (1) a month, as needed, to conduct business.

2.

Special meetings. These may be called by the council, board chair, or by the city manager.

D.

Meetings open to the public. All meetings are open to the public in accordance with state law.

E.

Quorum. A minimum of seventy-five percent (75%) of the members of the board must hear each case.

F.

Rules of proceeding. The board shall adopt rules to govern its proceedings provided that such rules are not inconsistent with this ordinance or statutes of the State of Texas.

G.

Minutes and approval of minutes. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and must keep records of its examinations and other official actions, all of which must be immediately filed with the board and are a public record. Minutes shall be approved by a majority of the board members present.

H.

Required staff reports. The director is the regular technical advisor to the board and must prepare written staff reports on each case that the board hears.

I.

Elevation of alternates in matters of quorum and voting. In situations where there is a lack of quorum for a meeting, the first (1 ^st ) alternate member and then the second (2 ^nd ) alternate member is automatically elevated to regular member(s), in that order, only to satisfy quorum and voting requirements.

J.

Lack of quorum for a meeting and authority during the meeting. In circumstances where there is no quorum to hold a meeting, the following shall take place:

1.

Chair or chair pro tern shall announce that the meeting is canceled for a lack of quorum; or

2.

City staff will announce there is a lack of quorum to conduct business and the meeting is canceled.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

A.

Knowledge of staff packet. Review and read packets before any meeting to acquire basic knowledge of the proposed item.,

B.

Knowledge of Roberts Rules of Order. Have general knowledge of Roberts Rules of Order to conduct meetings.

C.

Proper attendance. Attend at least seventy-five percent (75%) of all combined regular and special meetings in a calendar year.

D.

Report conflict of interest; leaving room. Conflict of interest must be disclosed to director ahead of time for a case to be heard so an alternate can replace the member with the conflict in hearing the case. That member must excuse themselves from the meeting room during the hearing of the case.

E.

Information active. Keep the city informed on any address changes and/or contact information.

(Ord. No. 2024-020, § 3(Exh. A), 8-6-24)

The following powers and duties are assigned to the director under this ordinance.

A.

Review and recommendation. The director must review and may make a recommendation on the following development review procedures, regulations, submittals, and applications:

1.

Zoning ordinance amendments;

2.

Zoning district map amendments;

3.

Planned developments;

4.

Specific use permits; and

5.

Zoning variances and special exceptions.

The director may allow other city staff to review an application as needed and provide their input.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22; Ord. No. 2024-020, § 3(Exh. A), 8-6-24)