(a)

Establishment. Pursuant to Texas Local Government Code, § 211.007, the Planning and Zoning Commission is established consisting of nine members appointed as described in Sec. 2-87 of the City of Shavano Park Code of Ordinances.

(b)

Terms of members. The members of the Planning and Zoning Commission shall serve for overlapping two-year terms.

(c)

Chairman. The Planning and Zoning Commission shall elect a chairman and vice-chairman from its own membership of the Commission.

(d)

Presiding officer. The chairman shall preside over meetings of the Commission. The vice-chairman shall preside in the absence of or at the request of the chairman.

(e)

Quorum, majority vote. A quorum shall consist of five members of the Commission in attendance. Action on any matter shall require the affirmative vote of a majority of all members of the Commission, except in cases when the Commission has twice held a public hearing and considered a zoning application and is unable to reach a majority vote. In such instances, the Commission may submit a report instead of a recommendation to the City Council.

(f)

Meetings. Regular meetings shall be held on the first Wednesday of each month at 6:30 p.m. and may be recessed from time to time, at Shavano Park City Hall, and notice of each meeting shall be given in accordance with the Texas Open Meetings Act. Special meetings may be called by the chairman, provided notice is provided to each member at least 72 hours prior to the time thereof and public notice of each such meeting shall be given in accordance with the Texas Open Meetings Act. All meetings of the Commission shall be open to the public. The place, day and/or hour of meetings may be changed by vote of the Commission at any regular meeting.

(g)

Motions. Any motion by a member shall require a second. After a motion has been made and duly seconded, discussion of the motion may be held for a reasonable time. Discussion by members or by opponents or proponents, of a question before the Commission shall terminate whenever a member shall call for a vote upon the question or whenever the chairman shall so rule.

(h)

Procedure. Whenever any question or procedure or qualification may be raised at a Commission meeting, the chairman shall rule thereon. A member may move to overrule the chairman's decision, which may be done only by a majority vote of the members present.

(i)

Voting. Voting on zoning applications shall be called by roll call vote. Voting on all other matters may be by voice vote, provided that roll call vote shall be taken upon demand of any member.

(j)

Conflict of interest. A member shall not vote or participate as a member in any matter before the Commission if the member has any interest in the matter, whether such interest is direct or indirect, financial or otherwise. If a member has a conflict of interest, the member shall comply with Texas Local Governmental Code § 171.001 et seq. In any case, where the question of a member's interest is raised, the chairman shall rule on whether the member should be disqualified.

(k)

Recommendations. The Commission shall take no final action on any matter before it without first obtaining a recommendation from the City Manager and reports from the other city departments concerned, as determined by the Commission.

(l)

Duties. The duties of the Planning and Zoning commission are [as] follows:

(1)

Upon an application to the Planning and Zoning Commission, review, consider and take action on all preliminary and final plats consistent with the requirements of State and local law;

(2)

Upon an application to the Planning and Zoning Commission, review and make recommendations for zoning boundaries, classifications and appropriate zoning regulations for zoning districts;

(3)

Upon direction from City Council, initiate review of zoning and related zoning ordinances and submit recommendations to City Council.

(4)

Review and consider amendments to the City's comprehensive plan;

(5)

Hold public hearings and consider planning issues when deemed appropriate by the Planning and Zoning Commission upon a finding by a majority vote that the issue being considered is a "planning issue" with such findings being recorded in the minutes of the meeting.

(6)

To perform duties and functions as required by State law; and

(7)

To perform other duties and functions as requested by a majority vote of City Council.

(Ord. No. 100-02-08, § I(exh. A, § IX(A)), 8-12-2008; Ord. No. 100-04-12, § I, 7-23-2012; 0-2015-012, § III, 3-23-2015; Ord. No. 0-2015-017, 8-27-2015; Ord. No. O-2025-001, § II, 2-24-2025)

Pursuant to the provisions of Texas Local Government Code Ch. 211, the City Council may amend, supplement or change zoning districts or boundaries and regulations.

(Ord. No. 100-02-08, § I(exh. A, § IX(B)), 8-12-2008; Ord. No. O-2025-001, § II, 2-24-2025)

(a)

Planning and Zoning Commission consideration.

(1)

Filing. All petitions, applications, recommendations or proposals for changes in the zoning district boundaries (including changes in zoning classification) or regulations in zoning districts shall be filed with the Planning and Zoning Commission.

(2)

Filing fee. When an application is filed for a change of zoning district boundaries (including changes in zoning classification) or for any change of the regulations in zoning districts, such application shall be accompanied by the filing fee specified in Appendix A - City of Shavano Park Fee Schedule of the City of Shavano Park Code of Ordinances prior to consideration of the application by the Planning and Zoning Commission.

(3)

Prerequisites. No application for changes in the zoning classification of any property situated within the City shall be received, filed with the Planning and Zoning Commission, or considered, unless the person or persons making such application have permission in writing, signed by the owner or owners of record of the property proposed to be considered for rezoning for the filing of such an application. Such written permission must accompany any such application for rezoning.

(4)

Recommendations. The Planning and Zoning Commission shall hold a public hearing on all proposed changes before submitting its recommendation to the City Council.

(5)

Public hearings.

a.

Notice of all public hearings on proposed changes in the zoning classification or boundary shall be provided to the owners of real property lying within 500 feet of the property for which the change in classification or boundary is proposed. Such notice shall be served by depositing the notice, properly addressed and postage paid, in a City post office not less than 11 days prior to the scheduled date of the public hearing to all such owners as indicated on the last approved City tax roll.

b.

In addition to notice requirements of subsection (5)(a), notice of public hearings on any proposed adoption of or change to a zoning regulation or boundary under which a current conforming use of a property is a nonconforming use if the regulation or boundary is adopted or changed shall be provided additional notice in accordance with the following:

1.

Be mailed by United States mail to each owner of real or business personal property where the proposed nonconforming use is located as indicated by the most recently approved municipal tax roll and each occupant of the property not later than the 11 ^th day before the hearing date;

2.

Contain the time and place of the hearing; and

3.

Include the following text in bold 14-point type or larger:

"THE CITY OF SHAVANO PARK IS HOLDING A HEARING THAT WILL DETERMINE WHETHER YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT USE. PLEASE READ THIS NOTICE CAREFULLY."

(b)

City Council consideration.

(1)

Public hearing. After the recommendation of the Planning and Zoning Commission is submitted to the City Council as provided above, the City Council shall consider a change of zoning district boundaries (including changes in zoning classification) or any change of the zoning regulations after a public hearing at which parties in interest and citizens shall have an opportunity to be heard. Before the 15 ^th day prior to the date of the hearing, notice of the time and place of the hearing shall be published in an official newspaper or a newspaper of general circulation in the City.

(2)

In addition to notice requirements of subsection (1), notice of public hearings on any proposed adoption of or change to a zoning regulation or boundary under which a current conforming use of a property is a nonconforming use if the regulation or boundary is adopted or changed shall be provided additional notice in accordance with the following:

a.

Be mailed by United States mail to each owner of real or business personal property where the proposed nonconforming use is located as indicated by the most recently approved municipal tax roll and each occupant of the property not later than the 11 ^th day before the hearing date;

b.

Contain the time and place of the hearing; and

c.

Include the following text in bold 14-point type or larger:

"THE CITY OF SHAVANO PARK IS HOLDING A HEARING THAT WILL DETERMINE WHETHER YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT USE. PLEASE READ THIS NOTICE CAREFULLY."

(3)

Passage when protested. An affirmative vote of at least three-fourths of all members of the City Council is required to approve a proposed change to a regulation or boundary if the change is protested. The protest must be written and signed by the owners of at least 20 percent of either the area of the lots or land covered by the proposed change or the area of the lots or land immediately adjoining the area covered by the proposed change and extending 500 feet there from. In computing the percentage of land area, the area of streets and alleys shall be included in the computation.

(c)

Zoning change request pursuant to a recommendation of denial by the Commission. The affirmative vote of three-fourths of all of the members of the City Council is required to overrule a recommendation of the Planning and Zoning Commission that a proposed change to a regulation or boundary (including a change in zoning classification) be denied.

(d)

Limitation on zoning requests. No application for a zoning boundary or classification change shall be allowed on the same legal parcel until six months after the date of a denial vote by the City Council, unless a legal parcel within the same zoning district acquired a zoning boundary or classification change by ordinance, or a change in State Law impacts the zoning boundary or classification change considered.

(Ord. No. 100-02-08, § I(exh. A, § IX(C)), 8-12-2008; Ord. No. O-2023-012, § I, 9-18-2023; Ord. No. O-2025-001, § II, 2-24-2025)