(A) Purpose. A Planning and Zoning Commission is created in order to accomplish the following purposes:
(1) Create the best possible urban environment through adequate regulatory measures and through consistent, fair, equitable and honest enforcement;
(2) Insure the expansion of opportunities for all citizens of all economic and social levels, including opportunities for housing and education, employment and income, cultural and recreational, medical and professional;
(3) Prevent conditions causing excessive densities or overcrowding, causing congestion and unsafe situations or pollution;
(4) Progress toward the ultimate goal of sound, well-planned, well-designed, imaginative, economical and timely programs and activities, with the utmost use of new techniques, materials and processes.
(B) Appointment and terms of office.
(1) The Planning and Zoning Commission shall be composed of five qualified electors of the city and shall be appointed by the City Council.
(2) The City Council will consider for appointment to the Commission only those persons who have demonstrated to the Commission their civic interest, general knowledge of the community, independent judgment, interest in planning and zoning and availability to prepare for and attend meetings. It is the intent of the City Council that members shall, by reason of diversity of their individual occupations, constitute a Commission which is broadly representative of the community.
(3) The terms of three of the members shall expire on January 31 of each odd-numbered year, and terms of two of the members shall expire on January 31 of each even-numbered year.
(C) Organization.
(1) The Commission shall hold an organizational meeting in February of each year and shall elect a Chairperson and Vice-Chairperson from among the members before proceeding to any other matters of business. The Zoning Officer shall serve as Secretary. The Commission shall meet regularly on the second Monday of each month and have such called meetings as may be requested by the City Manager or City Council or by majority of the Commission.
(2) The Commission shall adopt its own rules of procedure and keep a record of proceedings consistent with provision of this chapter and the requirement of law.
(D) Duties and powers. The Planning and Zoning Commission is charged with the duty and invested with the authority to:
(1) Formulate and recommend to the City Council for adoption a Comprehensive Plan for the orderly growth and development of the city and its environs and from time to time recommend such changes in the plan as it feels will facilitate the movement of people and goods and the health, recreation, safety and general welfare of the citizens of the city.
(2) Formulate a zoning plan as may be deemed best to carry out the goals of the Comprehensive Plan and hold public hearings and make recommendations to the City Council relating to the creation, amendment and implementation of zoning regulations and districts as provided in Tex. Local Gov't Code, §§ 211.001 et seq., as amended, authorizing cities and incorporated villages to pass regulations; all powers granted under said act are specifically adopted and made a part hereof.
(3) Exercise all powers of a commission as to approval or disapproval of plans, plats or replats and vacations of plans, plats or replats set out in Tex. Local Gov't Code, §§ 212.001 et seq., 42.001 et seq. and 43.031 et seq., with the exception of matters expressly reserved to the City Council by ordinance.
(4) Initiate, in the name of the city on its own motion or upon request by the City Council, for consideration at public hearings, proposals for the original zoning of annexed areas or for the change of zoning districts’ boundaries on an area wide basis. No fee shall be required for the filing of any such proposal in the name of the city.
(5) Keep informed with reference to the progress of city planning in the United States and other countries and recommend improvements in the adopted plans of the city.
(E) Meeting and quorum. Three members of the Commission shall constitute a quorum to transact any business, and the affirmative vote of at least three members shall be required to make any recommendation to the City Council, to approve any site plans filed for approval and to transact any other business before the Commission. When fewer than all the members are present and when all motions to recommend a given application fail to carry by three affirmative votes, consideration of the application shall be continued to the next regular meeting upon motion carried by those present. Provided further that no request or application shall be continued under this rule beyond the next regular meeting; failure of the Commission to secure three concurring votes to approve or recommend approval at said next regular meeting shall be recorded in the minutes as a denial of the proposal under this rule.
(F) Disqualification from voting. A member shall disqualify himself or herself from voting whenever he or she finds that he or she has a personal or monetary interest in the property under appeal or that he or she will be directly affected by the decision of the Commission.
(`87 Code, Zoning Ordinance, Art. IV., § 4) (Am. Ord. 1989-6, passed 5-2-89; Am. Ord. 2002-25, passed 2-19-02)