Planning and Zoning Commission
ARTICLE XIII. PLANNING
Sec. 1. Planning commission generally.
There shall be a city planning commission which shall consist of seven citizens of the City of Texarkana, Texas, and such other ex-officio members as are provided herein. The members of said commission, except the ex-officio members, shall be appointed by the council for a term of three years. Vacancies will be filled for the unexpired term by the council. The ex-officio members shall include the city manager, the city engineer, the director of planning, and such other ex-officio members as the council shall by ordinance or resolution provide. Ex-officio members shall participate in the work of the commission, but shall not have a vote in its official actions.
The commission shall elect a chairman from among its appointed members. Five of the appointed members shall constitute a quorum.
The council may provide by ordinance for the appointment of subcommittees from the membership of the commission who shall have the power to hold hearings, make recommendations to the commission, and otherwise carry on the work of the commission. In the absence of such provision the commission may authorize and empower such subcommittees. The final action taken by the commission with regard to any matter before it, however, shall be by the commission as a whole.
The commission shall keep minutes of its proceedings, which shall be a public record.
(Ord. No. 136-2000, § 24, 5-11-2000)
Sec. 2. Powers and duties of planning commission.
The city planning commission shall:
(a) Recommend a city plan for the physical development of the city and amendments thereto;
(b) Serve as the zoning commission of the city, and recommend to the council approval or disapproval of proposed changes in the zoning plan;
(c) The planning commission shall adopt regulations governing the platting or subdividing of property within the city or within five miles of the corporate limits of the city, and the owner of every such subdivision shall comply with all of the provisions of articles 974a and 6626, Vernon's Texas Civil Statutes, 1958, as now or hereafter amended. Such regulation may provide for the harmonious development of the city within the subdivided land with other existing or planned streets and ways or for conformance with the master plan or official map, for adequate open spaces, spaces for traffic, utilities, recreation, light and air for the avoidance of congestion of population. Such regulations may include requirements as to the extent to which and the manner in which streets and other ways shall be graded and improved and water, sewer and other utility mains, piping, connections or other facilities shall be installed as a condition precedent to the approval of a subdivision. The commission shall be responsible to and act as an advisory body to the council and shall have and perform such additional duties as may be prescribed by ordinance.
Sec. 3. Planning department; director of planning.
There shall be a city planning department to be headed by the director of planning. The director of planning shall serve as the regular technical adviser of the city planning commission, and shall have such other duties and responsibilities as the council may establish.
Sec. 4. The city plan generally.
The city plan for the physical development of the City of Texarkana, Texas, shall contain the commission's recommendation for the growth, development and beautification of the city. Before recommending to the council a city plan, or any part thereof, or any amendment thereto, the commission shall hold a public hearing thereon after having given notice of such hearing by causing notice thereof to be published one time at least 15 days before such hearings in the official newspaper of the city. A copy of the city plan, or any part thereof, shall be forwarded to the city manager who shall thereupon submit such plan, or part thereof, to the council with his recommendations thereon. The council may adopt the plan or partial plan so submitted as a whole or in parts. If such plan or part thereof should be rejected by the council the city planning commission may modify such plan, or part thereof, and again forward it to the city manager for submission to the council. All amendments to the city plan shall be recommended by the
planning commission and submitted in the same manner as that outlined above to the council for approval, and the council may adopt or reject the same in the same manner as above specified. All recommendations to the council from any city department affecting the city plan must be accompanied by a recommendation from the commission.
Sec. 5. Compliance with city plan.
Upon adoption of the city plan by the council, no subdivision, and no structure, whether constructed by a public utility or otherwise, which is in conflict with the city plan, shall be authorized, and no street, park, public way, ground or space, public building, public structure, or public utility which is in conflict with the city plan shall be authorized, purchased, or constructed by the city until and unless the location, extent and character thereof shall have been submitted to and approved or disapproved by the commission. In case of disapproval, the commission shall communicate its reasons to the council in writing. The council shall have the power to overrule such disapproval and upon such overruling the council or the appropriate persons, city office, department or agency shall have the power to proceed. The failure of the commission to act within 30 days after the date of official submission to the commission shall be deemed approval, unless a longer period be granted by the council or the submitting official. The widening, narrowing, relocating, vacating or change in the use of any street, river or watercourse, or other public way or ground or the sale of any public building or real property shall be subject to similar submission and approval, and failure to approve may be similarly overruled by the council. Provided, that a certificate by the city manager executed under the seal of the city that a public project or improvement is not in conflict with the city plan, or that the location, character and extent of such public project or improvement have been approved by the city planning commission or if such public project or improvement has been disapproved by the city planning commission that the council has overruled such disapproval, shall be conclusive as to such facts. Provided, that the sale of any land or building owned or held by the city, not for public use and not included in the city plan as city land for public use, shall not be subject to the provisions of this section; and provided further, that a certificate by the city manager as to such facts, shall be conclusive as to any purchaser of such land or building from the city.
Sec. 6. Zoning.
All powers granted by ch. 283 of the General and Special Laws of the Fortieth Legislature of the State of Texas, as amended, relating to zoning in cities, are hereby adopted and made a part of this Charter.