This chapter identifies the roles and responsibilities of various appointed and elected boards, as well as the duties of the city staff, in the administration of this Code.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006)

A.

Board and commission appointment and confirmation. Appointments to boards and commissions within the scope of this Code shall be made and confirmed by the city council in accordance with the rules set forth in the Rowlett Municipal Code and/or established by the state.

B.

Conduct of boards and commissions. This section sets forth procedures that are common to all appointed boards and commissions under this chapter, including the planning and zoning commission and the board of adjustment.

1.

Boards and commissions handbook. The conduct of boards and commissions shall be subject to the officially adopted City of Rowlett Boards and Commissions Handbook, as amended, in addition to the provisions of this section.

2.

Consent agenda. Any appointed board or commission under this chapter may establish a consent agenda. The consent agenda shall consist of all matters brought before the board or commission for action that do not require a public hearing. All items on the consent agenda shall be approved by motion without debate. An item may be removed from the consent agenda prior to the approval at the request of any member of the board or commission present at the meeting or by city staff. Items removed from the consent agenda shall be considered on the regular agenda.

3.

Tabling of agenda items. During the consideration of any item, with the exception of a plat, the commission may, by a majority vote, vote to table further action to a specific date.

4.

Meetings open to public. All meetings of the appointed boards and commissions under this chapter shall be open to the public except as otherwise provided in the Open Meetings Act, Chapter 551 of the Texas Local Government Code. Except when voice votes are authorized, the vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote.

5.

Quorum—Official action.

(a)

A majority of the full membership of the board or commission shall constitute a quorum for the transaction of business.

(b)

Action by the planning and zoning commission shall require the favorable vote of a majority of the quorum present of the commission. A favorable vote by the board of adjustment shall be governed under Chapter 211.009 of the Texas Local Government Code.

6.

Reconsideration or rehearing of decisions.

(a)

Decisions of any appointed board or commission under this chapter may be brought up for reconsideration or rehearing only if:

(1)

There was substantial procedural error in the original proceeding;

(2)

The board or commission acted without jurisdiction in the original proceeding; or

(3)

The original decision was based upon misunderstanding, fraud, or misrepresentation.

(b)

A majority vote of the board or commission shall vote to reconsider the item, and only under a finding of cause.

(c)

Reconsiderations may be requested by city staff where more information becomes available that could affect the outcome of a previous decision.

(d)

Any person seeking reconsideration or a rehearing by the planning and zoning commission must file a request with the director of planning, together with materials supporting one or more of the grounds stated in this subsection, within 15 days of the original decision. Any person seeking reconsideration or a rehearing by the board of adjustment must file a request with the building official, together with materials supporting one or more of the grounds stated in this subsection, within 15 days of the original decision. A rehearing shall be conducted in the same manner as the original proceedings before the board or commission.

(e)

At the same meeting of the planning and zoning commission, the commission may reconsider its decision based on reasons under [subchapter] 6(a)(1—3) above.

7.

Representatives. Persons appearing before an appointed board or commission under this chapter may appear in person or through a representative, agent, or attorney. The representative shall provide satisfactory proof of his or her authority upon the request of the board or commission.

8.

Secretary. The director of planning shall be the secretary of each appointed board and commission in this chapter. In the director's absence, another member of the planning staff as determined by the director shall act as secretary. The secretary shall cause to have a record kept of all meetings of each board or commission and shall keep such files as may be required.

9.

Applicability of other provisions. The provisions of this chapter shall not be a limitation on more restrictive rules regarding the conduct of boards and commissions set forth elsewhere in the Rowlett Municipal Code.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006)

A.

Review and decision-making responsibilities. The City Council of Rowlett shall have the review and decision-making responsibilities set forth in Table 8.2-1, to be carried out in accordance with the terms of this Code.

B.

Other powers and duties. In addition, the city council shall have the following powers and duties, to be carried out in accordance with the terms of this Code.

1.

Adopt policies, plans, design guidelines, and ordinances to implement the municipal function of planning for the economic, social, and land use needs of the community;

2.

Take any other action not delegated to the planning and zoning commission, board of adjustment, or city staff as the city council may deem desirable and necessary to implement the provisions of this Code and the goals and objectives of the city; and

3.

To hear and decide appeals to certain decisions made by the planning and zoning commission, as noted in Table 8.2-1.

C.

Rules of procedure.

1.

In its exercise of authority over cases under this Code, the city council shall adhere to any applicable procedures specified in Chapter 77-800, Review and approval procedures.

2.

In general, the rules of the city council and conduct of hearings shall be in accordance with rules established by the city council.

3.

Where the procedures of this Code grant authority to review and/or make recommendations on a land use matter to a board or commission subordinate to the city council, the city council shall not take final action until it has received and taken notice of the review comments and recommendations of such subordinate body or bodies.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006)

A.

Creation. There is hereby created in accordance with V.T.C.A., Local Government Code Ch. 211, a commission to be known as the planning and zoning commission of the city.

B.

Membership and terms. The planning and zoning commission shall consist of seven members who shall be appointed by the city council to serve two-year staggered terms or until their successors are duly appointed. Alternate members to the planning and zoning commission may be appointed and/or removed in the same method as regular members.

C.

Joint meetings. Any public hearing of the governing body required by the zoning ordinance or the laws of the state may be held jointly with any public hearing required to be held by the planning and zoning commission after published notice as required by law.

D.

Review and decision-making responsibilities.

1.

The planning and zoning commission shall have the powers and duties set forth in Table 8.2-1 to be carried out in accordance with the terms of this Code.

2.

The affirmative vote of at least three-fourths of all members of the city council is required to overrule a recommendation of the planning and zoning commission that a proposed change to a zoning district boundary be denied if the commission's recommendation of denial has been made by a vote of at least three-fourths of all its members. For the purposes of this provision, three-fourths of all members, whether council or commission, shall mean three-fourths of those members present and not disqualified; and this provision shall not apply to recommendations of the commission to deny amendments to the text of this Code or the Form-Based Code.

E.

Other powers and duties. In addition, the planning and zoning commission shall have the following powers and duties, to be carried out in accordance with the terms of this Code:

1.

Processing and initiating zoning cases at the request of property owners and/or their representatives with respect to individual zoning requests.

2.

Initiation of zoning cases at the direction of the city council.

3.

Initiation of zoning cases upon its own motion. Zoning cases initiated upon the motion of the planning and zoning commission shall require:

4.

The filing of a preliminary report with the city council prior to the initiation.

5.

Approval to proceed from the city council.

6.

Hearing, recommending, and/or determining any matter relating to planning or subdivision control as may be specified by the subdivision ordinance or other applicable law.

7.

The planning and zoning commission may, from time to time, either at its discretion or as requested by the city council, submit its report, plans, and recommendations for the orderly growth, development, and welfare of the city in accordance with V.T.C.A., Local Government Code Ch. 211.

8.

If directed by the city council, review and make recommendations to the city council regarding the annual Capital Improvement Program of Rowlett;

9.

Exercise such other powers, and perform such other duties, as are provided by law or as delegated or directed by the city council.

10.

The planning and zoning commission has the authority to accept other decisions as may be referred to them by staff.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006; Ord. No. 018-19, § 1, 7-16-2019)

A.

Creation. There is created a board to be known as the board of adjustment of the city.

B.

Membership and terms of office. The board of adjustment shall consist of five regular members and four alternate members who shall be appointed by the city council in accordance with V.T.C.A., Local Government Code Ch. 211 to serve for two-year staggered terms or until their successors are duly appointed.

C.

Duties; review and decision-making responsibilities.

1.

The board of adjustment shall have the powers and perform those duties as are provided for in V.T.C.A., Local Government Code Ch. 211.

2.

The board of adjustment shall have the review and decision-making responsibilities set forth in Table 8.2-1, to be carried out in accordance with the terms of this Code and as provided by state law.

3.

The board of adjustment shall have the authority to initiate the amortization of nonconforming uses, signs, or structures, in compliance with procedures and policies adopted by the city council.

D.

Petitions. Any persons, jointly or severally, aggrieved by any decision of the board of adjustment or any taxpayer or any office, department, or board of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. 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.

E.

Voting requirements. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Code, or to effect any variation in this Code. Alternate members shall serve in the absence of one or more regular members when requested to do so by the chairperson, or, in his or her absence, by the city manager or designee.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006)

A.

Review and decision-making responsibilities. Municipal departments shall have the review and decision-making responsibilities set forth in Table 8.2-1, to be carried out in accordance with the terms of this Code. The departments also shall have such additional powers and duties as may be set forth elsewhere in this Code and other ordinances of the city. The director of planning shall act in an advisory and support capacity to the city council and boards and commissions listed in this chapter or as otherwise directed by the city council or city manager. The department of planning shall review or coordinate the review of all applications under this Code.

B.

Other powers and duties. City staff shall have the powers, duties, and obligations to perform the following functions:

1.

Processing and initiation of zoning cases at the request of property owners and/or their representatives with respect to individual zoning requests.

2.

Initiation of zoning cases at the request of the city council.

3.

Initiation of zoning cases and annexation if authorized by the city council. The city council may require a final report from the planning and zoning commission prior to issuing such approval.

4.

Initiation of amendments to the Comprehensive Plan where such are necessary to maintain compliance with V.T.C.A. Local Government Code Ch. 213.

5.

Undertake studies at the direction of the city council through the city manager.

6.

Exercise of such other powers, and performance of such other duties, as delegated or directed by the city manager.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006)