To identify community needs and advise the council of their short-range and long-range implications for the total development of the village;

To recommend achievable community goals as a basis for long-range planning and development programs;

To recommend plans, programs, and policies that will aid the entire community in achieving its defined goals;

To recommend to the village council the adoption, amendment and repeal of various provisions in the village comprehensive plan;

To interpret the adopted plans and programs to concerned citizens so that private activities and desires may be accomplished in harmony with public needs and policies;

To recommend to the village council the adoption, modification and repeal of provisions in the village’s zoning ordinances;

To recommend to the village council the initial and changes to the zoning of the various parcels of land in the village;

To recommend to the village council the adoption, modification and repeal of provisions in the village’s subdivision ordinances;

To recommend to the village council the approval, approval with modification or rejection of various applications for subdivision and re-subdivision of land within the village;

To recommend to the village council the provisions for such other ordinances as from time to time may be requested by the village council;

The commission shall recommend boundaries for the initial districts and appropriate zoning regulations for each district;

To consider and make recommendations to the village council for a variance from the site development, water quality, and/or subdivision ordinance requirements. A variance is defined as permission to depart from the specific provisions in the site development, water quality and/or subdivision ordinances by virtue of a unique hardship on a person’s property. If a variance is recommended by the planning and zoning commission, it acts as a recommendation to the village council to allow a variance from specific provisions in the site development, water quality, and subdivision ordinances, and may provide for alternative regulatory provisions to alleviate the unique hardship which would occur from compliance with the provisions of the applicable ordinance. The recommendation for granting a variance does not amend the site development, water quality and subdivision ordinances, but it is a recommendation to the village council to grant a specific property where there are special circumstances and/or hardships justifying deviations from the standard provisions of the site development, water quality and subdivision ordinances;

To consider and make recommendations to the village council, upon a request for a special exception from the site development, water quality and/or subdivision ordinances. A special exception may only be recommended to the village council for those regulations identified by the village council to be subject to special exceptions, and only upon a showing of the parameters established by the village council for granting the special exception;

To consider and make recommendations to the village council upon an appeal of the determination or order of a village official on an issue that affects the site development, water quality and/or subdivision ordinance rights of a person. Upon the filing of an appeal, all proceedings in the furtherance of the action being appealed are stayed. If facts show that the stay would cause imminent peril to life or property, the action may be stayed only if a restraining order is granted by a district court;

To consider and make recommendations to the village council regarding nonconforming uses, including establishing an amortization period for the termination of those uses. In establishing amortization periods for a nonconforming use, the commission may consider the amount the owner has invested in the property, the amount of recoupment of the investment during the amortization period, the availability and location of other sites, and the extent to which the nonconforming use adversely affects the neighboring property;

In furtherance of their recommendations to the village council on amendment and repeal of various provisions in the village master or comprehensive plan the planning and zoning commission with approval of the village council will conduct community surveys of the village’s residents. The commission will make recommendations on the content of the community survey to the village council and gain their approval prior to conducting a community survey.

A motion may be made by any member other than the presiding officer. The presiding officer may second a motion and may vote on all matters considered by the commission.

A motion to approve any matter before the commission or to recommend approval of any request requiring village council action shall require a majority vote of the members present and voting.

Robert’s Rules of Order, as amended, shall be the commission’s final authority on all questions of procedure and parliamentary law not covered by these rules of procedure.

A quorum shall consist of three members.

The village secretary shall prepare an agenda for each meeting of the commission, and shall attach to each agenda a report of matters pending further action by the commission. The village secretary shall post a copy of the agenda in the village hall and to the village website as required by law for a period of three full calendar days, not counting the day of posting, but which may count the day of the meeting.

The commission shall conduct regular meetings once a month on the second Tuesday of every month at a regularly scheduled time. The initial meeting of the commission shall be called by the village council.

Special meetings for any purpose may be held on the call of the chair, or on request of two or more members and by giving notice to all members at least 72 hours before the meeting, or as may be scheduled by a majority of the commission at any previous meeting. The convening authority shall determine the time and place of the special meeting.

Any party in interest may appear in his/her own behalf or be represented by counsel or agent.

The official records shall be the minutes of the commission, together with all findings, decisions and other official records of the commission.

The minutes of the commission’s proceedings shall show the vote of each member, or indicate a member’s absence or failure to vote.

All matters coming before the commission shall be filed in the village’s records. Original papers of all requests and proposals shall be retained as a part of the permanent record.

The official records and citizen requests filed for commission action in regular or special meetings shall be on file in the village hall and shall be open to public inspection during customary work hours.

Every proposal submitted for commission action shall be made in writing. Where appropriate, the village shall provide application forms. The proposal shall be accompanied by all prescribed fees and shall be complete in all respects before the village shall accept it for filing.

Every proposal or request for commission action or recommendation shall be filed, processed and considered in accordance with this section.

Information supporting a request or recommendation to approve or disapprove any proposal before the commission shall be submitted through the village secretary in writing or to the commission in a public meeting.

When any applicant desires to withdraw his or her proposal, he or she may do so by filing a written request with the village secretary. Such request shall be effective upon the date of its official receipt, provided, however, that no such request shall be valid after notices have been mailed, except on action of the commission. Withdrawal of a proposal at any stage of its processing shall terminate all consideration of it by the village, and the case file shall be closed.

The planning and zoning commission is charged with the duty and invested with the authority to inspect property and premises at reasonable hours when required to discharge its responsibilities under the laws of the state and of the village.

Formulate and recommend to the village council for its adoption a comprehensive plan for the orderly growth and development of the village and its environs, and from time to time recommend such changes in the plan as it finds will facilitate the movement of people and goods, and the health, recreation, safety, and general welfare of the citizens of the village.

Formulate a zoning plan as may be deemed best to carry out the goals of the comprehensive plan; hold public hearings and make recommendations to the village council relating to the creation, amendment, and implementation of zoning regulations and districts as provided in the Texas Local Government Code, as amended.

Exercise all the powers of a commission as to the approval or disapproval of plans, plats, or replats and vacations of plans, plats or replats as provided in the Texas Local Government Code.

Study and make recommendations on the location, extension, planning, vacating, and closing of public rights-of-way, parks and other public places.

Formulate and recommend to the village council policies and regulations consistent with the adopted comprehensive plan governing the location and/or operation of utilities, public facilities, and services owned or under the control of the village.

Review and make recommendations concerning annexation of land into the village.

Hear evidence and determine the matters set forth in section 9.02.103 [9.02.192] of this article.

Each application for zoning, a conditional use permit, or for an amendment or change to the existing provisions of this article shall be made in writing on an application form available at the village, filed with the village, and shall be accompanied by payment of the appropriate fee. The application shall also be accompanied by additional information materials, such as plans, maps, exhibits, legal description of property, architectural elevations, and information about proposed uses, as deemed necessary by the village, in order to ensure that the written request is understood. A conceptual site plan shall be submitted as prescribed in the village’s site development ordinance, along with any application for a conditional use permit.

All zoning applications shall be accompanied by a notarized statement verifying land ownership and, if applicable, authorization of a land owner’s agent to file the change request.

If it requires public improvement, all applications for zoning changes and amendments shall be accompanied by a traffic impact analysis, which scope and content shall comply with the village’s site development ordinance.

For zoning or rezoning requests involving real property, or for conditional use permits, the commission shall hold at least one (1) public hearing on each application. For proposed changes to district boundaries including rezoning requests, notice of the commission hearing shall be accomplished by publishing the purpose, time and place of the public hearing before the fifteenth (15th) day of the before [before the date of] the public hearing. Written notice of the public hearing to occur before the commission shall also be sent to all owners of property, as indicated by the most recently approved village tax roll, that is located within the area of application and within two hundred feet (200') of any property affected thereby, said written notice to be sent before the tenth (10th) day before the hearing date. Such notice may be served by using the last known address as listed on the most recently approved tax roll and depositing the notice, with first class postage paid, in the United States mail.

For requests involving proposed changes to the text of this article, notice of the commission hearing shall be accomplished by publishing the purpose, time and place of the public hearing before the fifteenth (15th) day before the date of the public hearing. Changes in the text of this article which do not change district boundaries, or which do not involve specific real property, do not require written notification to individual property owners.

The village may, at its option, establish additional rules and procedures for public notification of proposed zoning changes or development proposals such as site plans, plats and developer agreements, which may include, but not be limited to, the posting of a sign(s) on any property that is proposed for a zoning change or development by the applicant or its agent(s). Adherence to such rules and procedures, if so established by the village, shall be the responsibility of the applicant and shall be required as part of a zoning change.

Parliamentary procedures shall be established by the council.

The commission shall function in accordance with the applicable provisions in the village’s Code of Ordinances.

The commission shall hold a public hearing on a zoning or rezoning request, or application for conditional use permit, or a proposed text amendment to this article. After all public input has been received and the public hearing closed, the commission shall make its recommendations on the proposed zoning request application, and conceptual site plan, if submitted, stating its findings, its overall evaluation of the request, and its assessment regarding how the request relates to the village’s comprehensive plan. The commission may, on its own motion or at the applicant’s written request, defer its recommendations until it has had an opportunity to consider other information or proposed modifications to the request which may have a direct bearing thereon. If the commission elects to table the request, such tabling shall specifically state the time period of the tabling by citing the meeting date whereon the request will reappear on the commission’s agenda.

When the commission is ready to act upon the zoning request, it may recommend approval of the request as it was submitted by the applicant, approval of the request subject to certain conditions, or disapproval of the request. The commission’s recommendation will be automatically forwarded to the council for a second (2nd) public hearing thereon.

If the commission recommends denial of the zoning change request, it shall provide written reasons to the applicant for the denial, if requested by the applicant. The commission chairperson shall inform the applicant of the right to request reasons for the denial.

Every application or proposal shall be automatically forwarded, along with the commission’s recommendation, to the council for setting and holding of public hearing thereon following appropriate public hearing notification as prescribed in subsection (b)(2) above.

After a public hearing is held before the council regarding the zoning application, the council may approve the request in whole or in part, deny the request in whole or in part, table the application to a future meeting, specifically citing the council meeting to which it was tabled, or it may refer the application back to the commission for further study.

For zoning requests involving real property, an affirmative vote of at least seventy-five percent (75%) of all members of the council shall be required to approve any change in zoning when written objections are received from land owners of twenty percent (20%) or more of the land area covered by the proposed change, or of the land area within two hundred feet (200') of the subject property, in compliance with the provisions of section 211.006 of the Texas Local Government Code. If a protest against such proposed amendment, supplement or change has been filed with the village, duly signed and acknowledged by the owners of twenty percent (20%) or more, either of the area of the land included in such a proposed change or those immediately adjacent to the area thereof extending two hundred feet (200') therefrom, such amendments shall not become effective except by an affirmative vote of at least seventy-five percent (75%) of all members of the council.

Upon approval of the zoning amendment request by the council, the applicant shall submit all related material with revisions, if necessary, to the village for the preparation of the amending ordinance. The zoning request shall be deemed approved at the time the council makes a decision to approve the request as submitted or with certain conditions. However, the amending ordinance will not be prepared or formally adopted until a correct description and all required exhibits have been submitted to the village.

Where the proposed zoning application is inconsistent with one (1) or more of the elements of the comprehensive plan, the applicant may petition the village for amendment to the particular element or elements of the comprehensive plan either prior to, or concurrent with, submitting a zoning request. Inconsistency with the provisions of the comprehensive plan shall be grounds for disapproval of the zoning application by the village.

Where the proposed zoning is for a district or category provided for in this article but that is not included on the comprehensive plan existing on the date of this article, or not existing on the date of such application, the applicant shall propose an amendment to the comprehensive plan and provide information and documentation in support of such amendment.