§ 52-60. Planning and zoning commission.

(a)

There is hereby created and established a planning and zoning commission for the City of Irving consisting of nine (9) members each to be appointed by a majority of the city council.

(b)

Each member of the planning and zoning commission shall be appointed by the city council and occupy a place on the planning and zoning commission, such places being numbered 1, 2, 3, 4, 5, 6, 7, 8 and 9 respectively.

(c)

Each member of the planning and zoning commission shall be a resident citizen of the City of Irving at the time of his appointment. A member of the planning and zoning commission ceasing to reside in the city during his term of office shall immediately forfeit his office.

(d)

Each member of the planning and zoning commission shall be appointed for and serve for a term of two (2) years as heretofore provided by ordinance of the City of Irving. The terms of office of place 1, 2, 3 and 4, as heretofore provided by ordinance of the City of Irving, shall expire on the date of the first city council meeting in November, 1978, and the terms of office of place 5, 6 and 7 as heretofore provided by ordinance of the City of Irving, shall expire on the date of the first city council meeting in November, 1977, and the terms of office of place 8 and 9, as heretofore provided by ordinance of the City of Irving, shall expire on the date of the first city council meeting in November, 1987. Upon the expiration of the terms of office as herein provided each member of the planning and zoning commission shall be appointed and serve for a term of two (2) years, and until their successors are appointed and qualified.

(e)

Any member of the planning and zoning commission may be removed from office for any cause deemed by the city council to be sufficient for removal of said member. If a vacancy should exist in the planning and zoning commission membership due to removal from office, resignation, death, refusal or inability to serve, the city council shall appoint a new member to fill the vacancy for the unexpired term.

(f)

The planning and zoning commission of the City of Irving shall have the following powers:

(1)

To recommend the boundaries of the various districts and appropriate regulations to be enforced therein under this ordinance, the Charter of the City of Irving or the laws of the State of Texas to the city council of the City of Irving, and to recommend approval or denial of zoning changes and regulations under this ordinance, the Charter of the City of Irving, or the laws of the State of Texas.

(2)

To hear, recommend, or determine any matter relating to zoning, planning or subdivision control as may be specified or required under this ordinance, the Charter of the City of Irving, or the laws of the State of Texas.

(3)

To exercise such duties and powers as may be now or hereafter conferred by this ordinance, the Charter of the City of Irving, or applicable laws of the State of Texas.

(4)

When acting and exercising powers under this ordinance, the planning and zoning commission may be referred to as the "zoning commission." When approving subdivision plats as required by other ordinances of the City of Irving, the Charter of the City of Irving, or applicable state law, the planning and zoning commission may be referred to as the "planning commission."

(g)

The planning and zoning commission shall select one of its members to be the chairman, an acting chairman to act in the absence of the chairman, and a secretary.

(h)

All meetings of the planning and zoning commission shall be in accordance with the Texas Open Meetings Act or its successor statute, as amended. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the board and shall be a public record. The city planner or director of the department of planning of the City of Irving shall be the custodian and possessor of the records and minutes of the planning and zoning commission.

(i)

A majority of the planning and zoning commission shall constitute a quorum to do business, and the affirmative vote of a majority of those attending any meeting at which there is a quorum present shall be necessary to pass any motion, recommendation or resolution of the planning and zoning commission.

(j)

The city council of the City of Irving may hold any public hearing under this ordinance or applicable state law required to be held by the city council jointly with any public hearing required to be held by the zoning commission, but the city council shall not take any action until it has received the final report of the zoning commission.

(k)

Meetings of the planning and zoning commission may be held as often as necessary to conduct the business coming before the board at the call of the chairman and at such other times as the board may determine.

(Ord. No. 3003, §§ 1, 3, 9-15-77; Ord. No. 4898, § 1, 2-20-86; Ord. No. 6681, § 1, 9-21-95)

State law reference

Zoning commission, V.T.C.A., Local Government Code § 211.007.