Article 12.100: Planning
Article 12.200: Zoning Board of Adjustment
Article 12.300: Zoning Ordinance Retained
Exhibit " A " Zoning Ordinance
(State Law reference-Authority of municipality to establish planning and zoning commission, V.T.C.A., Local Government Code, Sec. 211.007.)
Sec. 12.101 Creation
There is hereby created a planning board for the City of Lorenzo, composed of not less than five (5) nor more than seven (7) members, each of whom shall be a resident tax- paying citizen of the City of Lorenzo, and who shall serve without pay.
The mayor shall appoint the members of the board, and each person so appointed must be approved by three-fourths (3/4) majority of the commissioners before becoming a member thereof. As soon as practicable after final passage of this article, the mayor, with the three-fourths (3/4) majority approval of the commissioners, shall appoint not less than five (5) nor more than seven (7) persons who shall serve on such board for a period of three (3) years. At the option of the mayor of said city and with the three-fourths (3/4) majority approval of the commissioners, such terms may be staggered for one (I), (2), and three (3) years so that not more than two persons shall be appointed anyone year to replace individuals appointed and acting as members of such board. Terms of office of members of such board shall begin immediately, and shall end on the first day of January next, in accordance with their appointment. All vacancies on the board shall be filled by appointment of the mayor, with the consent and approval of three-fourths (3/4) of the commissioners, and shall be for the remainder of the term of the vacating member. Any member of the planning board may be removed from his office, at any time, by a three- fourths (3/4) majority vote of the commissioners, without any reason being given therefor.
Sec. 12.103 Statutory Authorities
(a) Statutes of the State of Texas authorizing and empowering cities to regulate the platting and recording of subdivisions or additions situated within the corporate limits, or within five (5) miles of such city, the same being Article 974a of the Revised Civil Statutes of Texas, as amended, are hereby adopted for and on behalf of the City of Lorenzo; and the City of Lorenzo, acting through its duly authorized officials, shall have all the rights, powers, privileges, and authority authorized and granted by and through said statutes.
(b) Statutes of the State of Texas authorizing and empowering cities to regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of building, structures, and land for trade, industry, residence, or other purposes; the same being Articles 1011a through 1011j of the Revised Civil Statutes of Texas, as amended, are hereby adopted for and on behalf of the City of Lorenzo; and the City of Lorenzo acting through its duly authorized officials, shall have the rights, powers, privileges, and authority authorized and granted by and through said statutes.
Sec.12.104 Department Heads and Officials to be Available to Board
All department heads and officials of the city shall be available to the board for advice and consultation, and they shall cooperate with and render such services for the board as shall come within the scope of the duties of such department heads and officials. All such department heads and officials shall attend meetings of the planning board upon the written request of the planning board or its duly authorized official of officials.
Sec. 12.105 Offices
As soon as practicable after appointment, the planning board shall elect one of its members as chairman, one as vice-chairman, and one to act as secretary, whose duties it will be to keep the minutes of the proceedings of such boards and take care of all correspondence or communications for such board, under the direction of the chairman or vice-chairman. The chairman or vice-chairman shall preside at all meetings of the planning board and all communications to the board shall be addressed to the chairman. The board shall conduct meetings as deemed necessary, but not less than once every thirty (30) days.
Sec. 12.106 Powers and Duties
The planning board shall have the power and it shall be its duty:
(1) To make studies and project plans for the improvement of the city, with a view for future development and extension, and to recommend to the commissioners all matters for the development and advancement of the city' s facilities, and particularly, shall pass upon the application for plats requested under Article 974a of the Revised Civil Statutes of Texas.
(2) To make plans and maps of the whole or any part or portion of the city and of land outside the city located within five (5) miles of the city limits, and any other land outside the city, which, in the opinion of the planning board, bears a relation to the planning of the city, and to make changes in, additions to, and extensions of such plans or maps when it deems the same advisable.
(3) To confer with and advise private property owners pertaining to location and erection of private structures with the view of having same conform to the overall city plan, and to advise with the building inspectors and Department of Public Works in the performance of their duties.
(4) To act with and assist all other municipal and governmental agencies, and particularly the commissioners of the City of Lorenzo, in formulating and executing proper plans of municipal development and growth.
(5) To plan and recommend for the locations, plans, and extents of city alleyways, viaducts, bridges, subways, parkways, airports, automobile parking places, and other public grounds and public improvements; for the locations of public buildings, schools, parks and playgrounds, and other public properties, and of public utilities, including bus terminals, railroad, railroad depots, and terminals, whether publicly or privately owned; for water, lights, sanitation, sewerage, sewage disposal, drainage, flood control, transportation, communication, marketing and shipping facilities, power, and other facilities; and for the removal, relocation, widening, extension, narrowing, vacating, abandoning or changing of use of any of the foregoing public places, facilities, or utilities.
(6) To select and recommend to the commissioners routes of streets, avenues, and boulevards, including the opening, widening, and abandoning of the same, or of any alley, or the changing thereof to conform with the city's system, present and future, with reference to traffic.
(7) To investigate, consider, and report to the commissioners upon the layout or platting of any new subdivision of the city, or of property situated within five (5) miles of the city limits, and to recommend the approval of all plans, plats, or re-plats of additions within the city limits or within five (5) miles of the same, or of the rejection of either.
(8) To suggest to the commissioners of the city, plans for clearing the city of slums and blighted areas.
(9) To make recommendations to the city commission for adoption of a zoning ordinance and a zoning district map.
(10) To recommend to the commissioners, from time to time, passage of such ordinances as may be necessary to carry out the board's program.
(Ordinance 82 adopted 7/20/61)
(State Law reference-Planning and zoning, generally, V.T.C.A., Local Government Code, Chapters 211, 212, 371. 12-5)
(a) There is hereby created a zoning board of adjustment consisting of five regular members, each to be appointed by a majority of the city council, and also consisting of two alternate members appointed by a majority of the city council. Either one or both of said alternate members may serve as an acting member of said board of adjustment at any meeting of said board in the absence of any regular members of said board.
(b) Regular and alternate members of the zoning board of adjustment
shall be appointed for a term of two (2) years and shall be removable
for cause by the city council upon written charges and after a
public hearing. Vacancies shall be filled by appointment by a
majority of the city council. A suitable person is to serve out
the unexpired term of any regular or alternate member of said
board of adjustment whose place on said board has become vacant
for any cause.
(Ordinance 0-08-96 adopted 8/12/96)
The zoning regulations governing the use of land within the city as adopted by Ordinance 92 and as subsequently amended, is included at the end of this chapter as Exhibit " A." Due to the technical nature of the zoning ordinance, it has been printed for inclusion herein exactly as adopted and subsequently amended and is specifically saved from repeal.
(Ordinance adopting Code)