Terrell |
Code of Ordinances |
CODE OF ORDINANCES |
Appendix 2. ZONING ORDINANCE |
II. - ZONING PROCEDURES AND ADMINISTRATION |
§ 8. Planning and zoning commission.
8.1
General. The planning and zoning commission (also referred to as the "commission") shall function according to the following criteria which establish membership and operating procedures. The powers and duties of the planning and zoning commission are further defined in section 10 of this ordinance and in the Code of Ordinances of the City of Terrell.
8.2
Created; membership; officers; rules and bylaws.
A.
Planning and zoning commission created; composition. There is hereby created a planning and zoning commission which shall be composed of nine members who shall be resident citizens, taxpayers and qualified voters of the city and who must meet the policy guidelines established by the city council for all board members of the City of Terrell.
B.
Appointment and terms of members. Members of the commission shall be appointed by a majority vote of the city council. All appointments to the planning and zoning commission shall be for a term of two years. Vacancies on the planning and zoning commission occurring other than through expiration shall be filled by the city council for that portion of the unexpired term remaining.
C.
Term limitations. No appointed office holder shall serve more than three consecutive terms in the position to which the office holder was appointed.
D.
Absence. Members with three consecutive unexcused absences per calendar year from regular or posted meetings shall forfeit the unexpired portion of their term.
E.
[Compensation.] The members of the commission shall regularly attend meetings and public hearings of the commission, shall serve without compensation. The commission shall meet a minimum of once per month, or as required.
F.
[Chairman and vice-chairman.] The planning and zoning commission shall appoint a chairperson and a vice-chairperson from among its membership and shall have the power to make rules, regulations and bylaws for its own government, which shall conform as nearly as possible to those governing the city council and shall be subject to approval of such city council. Such bylaws shall include, among other items, provisions for:
1.
Regular and special meetings, open to the public;
2.
A record of its proceedings, to be open for inspection by the public;
3.
Reporting to the governing body and the public, from time to time and annually; and
4.
Rules of order and the holding of public hearings on its recommendations.
8.3
Parliamentary procedure; quorum; voting.
A.
The commission will follow the parliamentary procedure adopted by the city council, and procedures shall not be in conflict with the laws applicable to the commission on the following:
1.
Quorum. A quorum shall consist of a majority of the membership of the commission, and any issue to be voted upon shall be resolved by a majority of those members present.
2.
Voting. All commission members, including the presiding chairperson, shall be entitled to one vote each upon any question, a quorum being present.
3.
Conflict of interest. If any member has a conflict of interest regarding any item on the commission's agenda, he/she shall remove himself/herself from the room and shall refrain from voting only on the item for which a conflict exists. (Refer to V.T.C.A. Local Government Code ch. 171 regarding conflicts of interest.)
8.4
Meetings; public record.
A.
The planning and zoning commission shall meet in the city hall building or in some other specified location as may be designated by the presiding chairperson, monthly or at such intervals as may be required to orderly and properly transact the business of the commission.
B.
Meetings shall be open to the public, and minutes shall be kept and shall be treated as public record.
8.5
Establishing extraterritorial jurisdiction.
A.
Statutes of the State of Texas authorizing and empowering cities to regulate the platting and recording of subdivisions or additions within the city's corporate limits and to establish extraterritorial jurisdiction are hereby adopted, and the commission, acting through its duly authorized officials, shall have all the rights, powers, privileges and authority authorized and granted by and through said statutes and the subdivision ordinance pertaining to regulation of subdivisions in the city's limits and extraterritorial jurisdiction.
8.6
Powers and duties.
A.
The commission shall have all the rights, powers, privileges and authority authorized and granted by and through the statutes of the State of Texas authorizing and granting cities the power of zoning and subdivision regulation as found in [V.T.C.A.] Local Goverment Code chs. 211 and 212, as amended.
B.
The planning and zoning commission shall be an advisory body and adjunct to the city council, and shall make recommendations regarding amendments to the comprehensive plan, changes of zoning for real property, zoning and subdivision ordinance amendments, zoning to be given to newly annexed areas, approval of plats of subdivisions, and other planning-related matters. The planning and zoning commission shall review the city's comprehensive plan and shall be prepared to make recommendations to the city council, as deemed necessary, to keep the city's comprehensive plan current with changing conditions and trends and with the planning needs of the city. The planning and zoning commission shall also serve in an advisory capacity on any other planning-related matter(s) in the city.
8.7
Procedure on zoning hearings.
A.
The procedure and process for zoning changes and zoning ordinance amendments shall be in accordance with section 10 of this ordinance.
8.8
Joint meetings with the city council.
A.
Whenever the city council and the planning and zoning commission are required by the laws of the State of Texas to conduct public hearings in matters pertaining to planning, zoning or subdividing property, and at other times when it is in the best interest of the city to do so, the city council, by ordinance and after publication of proper notice as required by law, may hold joint meetings and conduct joint public hearings with the planning and zoning commission. In either case, the governing body may not take action on the matter until it receives the final report of the zoning commission.