Loading...
Ord 44 Establishing a Planning and Zoning CommissionORDINANCE NO, 44 AN ORDINANCE ESTABLISHING A PLANNING AND ZONING COMMIS- SION FOR THE TOWN OF WESTLAKE, TEXAS: PROVIDING FOR THE APPOINTMENT OF THREE MEMBERS TO SAID PLANNING AND ZON- ING COMMISSION BY A MAJORITY OF THE BOARD OF ALDERMEN; PROVIDING FOR THE NECESSARY QUALIFICATIONS AND TERMS OF EACH OF SAID MEMBERS OF THE PLANNING AND ZONING COMMIS- SION; FURTHER PROVIDING FOR THE DUTIES AND POWERS OF SAID PLANNING AND ZONING COMMISSION; PROVIDING FOR PUBLIC MEETINGS OF SAID PLANNING AND ZONING COMMISSION AND THE PROCEDURE TO MAKE APPLICATION FOR ZONING CHANGES BEFORE SUCH PLANNING AND ZONING COMMISSION. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS. WHEREAS, it is the belief of the Board of Aldermen of the Town of Westlake, Texas, that by reason of its close proximity to the Cities of Dallas and Ft. Worth, Texas and the proposed regional airport the Town of Westlake shall be subject to substantial urban growth and development in the near future and that it is necessary to establish a master and comprehensive plan for zoning the Town of Westlake in accor- dance with the laws of this state and that no such plan now exists; and WHEREAS, pursuant to the laws of this state, it is the desire of the Board of Aldermen (i) to establish a Planning and Zoning Commis- sion for the Town of Westlake so that said commission can make recommenda- tions to the Board of Aldermen for the adoption of a master and compre- hensive zoning ordinance for the Town of Westlake, and the boundaries of various districts and appropriate regulations to be enforced under said master and comprehensive zoning ordinance; and (ii) to provide for a procedure whereby the owners of property located in the Town of West- lake may apply for zoning changes when and if such zoning ordinance is adopted: NOW THEREFORE, be it ordained by the Board of Aldermen of the Town of Westlake, Texas: SECTION 1. PLANNING AND ZONING CMI TSSION. A. There is hereby created and established a Planning and Zoning Commission for the Town of Westlake consisting of three (3) members each to be appointed by a majority of the Board of Alder- men. B. Each member of the Planning and Zoning Commission shall be appointed by the Board of Aldermen and occupy a place on the Planning and Zoning Commission, such places being numbered 1, 2, and 3 respectively. C. Each member of the Planning and Zoning Commission shall be an elector resident of the Town of Westlake at the time of his appointment. A member of the Planning and Zoning Commission ceasing to be an elector resident of the town 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, and until their successors are appointed and qualified. E. Any member of the Planning and Zoning Commission may be removed from office for good cause shown to exist after - 2 - a publics hearing before the Board of Aldermen. 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 hoard of Aldermen shall appoint a new member to fill the vacancy for the unexpired term. F. The Planning and Zoning Commission 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 Town of Westlake, or the laws of the State of Texas to the Hoard of Aldermen of the Town of Westlake and to recommend approval or denial of zoning changes and regulations under this Ordinance, the Charter of the Town of Westlake, 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 Town of Westlake, 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 Town of Westlake, 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 -3- required by other ordinances of the Town of Westlake, the Charter of the Town of Westlake, or applicable state law, the Planning; and Zoning Commission may be referred to as the "Planning Commission". G. The Piannino, and Zoning Commission shall select one of its members to be the Chairman, and acting Chairman to act in the absence of the Chairman, and a Secretary. H. All meetings of the Planning and Zoning Commission shall be open to the public. 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 hallkeep records of its examinations and other official actions, all of which shall be Filed in the office of theBoard and shall be a public record. The Secretary of the Planning and Zoning Commission shall be the custodian and possessor of the records and minutes of the Planning and Zoning Commission. T. 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 Board of Aldermen of the Town of Westlake may hold any public hea�•ing under this ordinance or applicable state law required to be ]geld by the Boar i of Aldermen jointly with any public hearing required to be held by the Zoning Commission, but the not %akn any action until it has received the i.':inal rf-,port of the Zoning; Commission. K. Meetin;,s of the Planning and Zoning Commission may be held as often as necessary to conduct the business coming, before the Commission at the call of the Chairman and at such other times as the Commission may determine. SECTION 2. APPLICATION FOR ZONING CHANGES. A. Any person, firm, or corporation requesting a change in zoning of any property from one district classification to another district classification under this Ordinance shall make an application in writing to the Planning and Zoning Commission of the Town of Westlake requesting a change in zoning, which application shall contain the following information: 1. Legal description of the land on which a zoning change is requested together with the local street address. 2. Name and address of the owner of the property. 3. Name and address of the person making the application, if made by anyone other than the owner, together with a statement that the person making the application is authorized to act for the owner in making the application. 4. District use under which the property is regulated at the time of making the application and the District use requested by the applicant. 5. Any other information concerning the property as may be requested by the Planning and Zoning Commission. -5- B. Upon the filing of an application for a change in zoning with the Planning and Zoning Commission of the Town of Westlake, the applicant shall pay to the Planning and Zoning Commission the sum of Sixty Dollars ($60.00) to help defray the cost of publication and mailing of notices required by this ordinance and applicable state laws. 1. In all cases the sum of Twenty Dollars ($20.00) shall be permanently retained by the Town and shall be used to pay the necessary administrative costs of processing the zoning change request through 'the Zoning Commission. 2. Should the Zoning Commission not recommend the zoning change and the applicant does not request in writing that his application be forwarded to the Board of Aldermen for a public hearing before the Board of Aldermen, then the sum of Forty Dollars ($40.00) shall be refunded to the applicant. 3. If the zoning change is recommended by the Zoning Commission and the case is forwarded to the Board of Aldermen for public hearing or if the applicant requests in writing that his application be forwarded to the Board of Aldermen where the Zoning Commission has recommended against a change in zoning, no refund shall be made to the applicant. C. In the event that the Zoning Commission recommends that a zoning change request not be granted, the case will not be processed further and shall not be forwarded to the Board of Aldermen for public hearing, unless the applicant shall within ten (10) days after the date the Zoning Commission votes to recommend that the zoning change not be granted, file with the Zoning Commission a request in writing requesting that the application be forwarded to the Board of Aldermen for a public hearing and determination of the zoning change request. D. All applications for zoning changes where the Zoning Commission has recommended the change in zoning requested or -has recommended a different change in zoning shall be automati- cally processed and forwarded to the Board of Aldermen for a public hearing and determination of the zoning change request. E. No zoning change request on any property which has been denied by the Board of Aldermen shall be again considered either by the Zoning Commission or the Board of Aldermen before the expiration of six (5) months from the date of the final action of the Board of Aldermen. -7- SECTION 3. VALIDITY OF ORDINANCE. In any section , paragraph, subdivision, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconsti- tutional, the same shall not affect the validity of this ordinance as a whole or any part or provisions thereof other than the part so decided to be invalid or unconstitutional,. SECTION 4. EFFECTIVE DATE. This ordinance shall take effect and be in full force and effect. from and after the date of its adoption and publication as provided by law. ADOPTED this day of (' A. D. 1969. ATTEST - City Secretary APPROVED: ME Mayor