§ 35.4.1. Planning and Zoning Commission.

A.

A Planning and Zoning Commission is established which shall consist of seven (7) real property taxpayers, who, during their respective terms of office and for at least one (1) year prior to the beginning thereof, shall be residents of the City. They shall be appointed by the City Council for a term of two (2) years, provided four (4) members shall be appointed each odd-numbered year and three (3) members each even-numbered year. The City Manager, Mayor, and Director of Planning and Development shall serve as ex officio members of the Planning and Zoning Commission, but shall have no vote.

B.

None of the appointed members shall hold any other public office or position in the City while serving on the Planning and Zoning Commission. The Planning and Zoning Commission shall elect it s chairman from among its members. Seven (7) members shall serve without pay and shall adopt rules and regulations as they deem best governing their actions, proceedings, deliberations, and the times and places of meetings.

C.

If a vacancy occurs on the Planning and Zoning Commission the City Council shall appoint a commissioner to fill such vacancy for the unexpired term.

35.4.1.1. Operational Procedures.

A.

The Planning and Zoning Commission may adopt rules to govern its proceedings provided, however, that such rules are not inconsistent with this Chapter or state law. Meetings of the Planning and Zoning Commission may be held at the call of the chairman or at such other times as the Planning and Zoning Commission may determine and in accordance with the Open Meetings Act. The chairman or, in his or her absence, the acting chairman may administer oaths and compel the attendance of witnesses.

B.

The Planning and Zoning Commission 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 a record of its examination and other official actions, all of which shall be immediately filed in the office of the Planning and Zoning Commission and shall be a public record.

35.4.1.2. Powers and Duties of the Planning and Zoning Commission.

A.

The Planning and Zoning Commission shall have the powers and exercise the duties of a Planning and Zoning Commission in accordance with Section 211.007 and Section 371.042 of the Texas Local Government Code. The Planning and Zoning Commission's jurisdiction shall extend to and include the hearing and deciding of the following types of appeals and applications, and to that end it shall have the necessary authority to ensure continuing compliance with its decisions. The Planning and Zoning Commission powers and duties shall include:

1.

Make recommendations to the City Council regarding:

a.

Adoption of a new Comprehensive Plan or amendment to The Denton Plan.

b.

Adoption of a new development code or amendment to the Development Code.

c.

An application for a Zoning District change.

d.

An application for a Specific Use Permit.

e.

An application for an Exaction Variance.

f.

An application for a Special Exception.

2.

Make final decisions regarding Plat applications.

3.

Make final decisions regarding Hardship Variances.

4.

Make final decisions regarding Alternative Development Plans.