§ 35-808. Zoning Commission.

(a)

Established, Composition. Pursuant to V.T.C.A. Local Government Code § 211.007, the zoning commission is established consisting of eleven (11) members appointed by the city council.

(b)

Duties of the Zoning Commission. The duties of the zoning commission are as follows:

(1)

To recommend the boundaries of original zoning districts and appropriate regulations to be enforced therein.

(2)

To hold public hearings and prepare a final report for the city council on recommendations for change in zoning district boundaries or regulations in zoning districts.

(3)

To perform such other functions as are necessary or required by state law or city ordinance.

(c)

Terms of Members. The eleven (11) members of the zoning commission shall serve for overlapping two-year terms.

(d)

Chairman. The zoning commission shall elect a chairman and a vice-chairman from its own membership who shall serve for one-year terms, but no person shall serve as chairman for more than two (2) successive years.

(e)

Presiding Officer. The chairman shall preside over meetings of the commission. The vice-chairman shall preside over meetings of the commission in the absence of the chairman. The vice-chairman shall preside in the absence of or at the request of the chairman. An additional presiding officer pro tem may be selected by the commission members to preside over meetings in absence of both the chairman and the vice-chairman.

(f)

Quorum, Majority Vote. A quorum shall consist of six (6) members of the commission. The chairman shall be counted as any other member when establishing a quorum. Final action on any matter shall require a majority vote of six (6) members except when the commission has held a public hearing and considered a zoning application and is unable to reach a majority vote. In such instances the director shall place the zoning application on the next regularly scheduled agenda. In the event that the commission has twice held a public hearing and considered a zoning application and is unable to reach a majority vote, the commission shall submit a report instead of a recommendation to the city council.

(g)

Meetings. Regular meetings shall be held the first and third Tuesdays of each month at 1:00 p.m. The place, day and/or hour of meetings may be changed by vote of the commission at any regular meeting. Special meetings may be called by the chairman. All meetings of the commission shall be open to the public and shall provide notice in accordance with the Texas Open Meetings Act. Zoning applications and any amendments to zoning regulations shall require compliance with Texas Open Meetings Act, V.T.C.A. Local Government Code § 211.007, and unified development code section 35-403.

(h)

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.

(i)

Procedure. Whenever any question of 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.

(j)

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. The chairman may vote on any matter before the zoning commission, subject to subsection (k) below, and the chairman's vote shall be counted for the same purpose as any other member's vote.

(k)

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 this matter, whether such interest is direct or indirect, financial or otherwise. In any case, where the question of a member's interest is raised, the chairman shall rule on whether the member should be disqualified.

(l)

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

(m)

Publicity. Releases and statements to the public and press in the name of the commission shall be made only by the presiding officer.

(n)

Robert's Rules of Order. Any question of order or procedure not covered by these rules shall be decided according to the latest edition of Robert's Rules of Order, insofar as that may be applicable.

(Ord. No. 98697 § 6) (Ord. No. 2006-11-30-1333, § 2, 11-30-06) (Ord. No. 2010-11-18-0985, § 2, 11-18-10)(Ord. No. 2015-12-17-1077 , § 2, 12-17-15)