§ 13.701. PROCEDURES FOR TEXT AMENDMENTS

A.

Generally. The City Council may amend the text of these regulations in accordance with the procedures set forth in this Section and Division 13.300, Standardized Development Review Procedures to implement the City of Galveston 2011 Comprehensive Plan as it may be amended from time to time, conform to state or federal legal requirements, address changing or changed conditions or otherwise advance the public health, safety, and welfare of the City.

B.

Initiation of Amendment. The City Council, the Planning Commission, the Zoning Board of Adjustment, and the Landmark Commission may initiate an amendment by motion. The Development Services Director may also initiate an amendment. Others who wish to propose potential text amendments shall do so in writing to the Development Services Director.

C.

Criteria for Text Amendments. Recommendations and decisions regarding petitions for amendments to the text of these regulations are legislative in nature, but shall be based on consideration of all the following criteria:

1.

The proposed amendment will help to implement the adopted City of Galveston 2011 Comprehensive Plan or if it involves a topic that is not addressed or not fully developed in the City of Galveston 2011 Comprehensive Plan , the proposed amendment will not impair the implementation of the adopted City of Galveston 2011 Comprehensive Plan and other adopted special-area and special-topic plans when compared to the existing regulations.

2.

The proposed amendment is consistent with the stated purposes of these regulations.

3.

The proposed amendment will maintain or advance the public health, safety, or general welfare.

4.

The proposed amendment will help to mitigate adverse impacts of the use and development of land on the natural or built environment, including, but not limited to mobility, air quality, water quality, noise levels, storm water management, wildlife protection, and vegetation or will be neutral with respect to these issues.

5.

The proposed amendment will advance the strategic objectives of the City Council such as fiscal responsibility, efficient use of infrastructure, public services, and other articulated City objectives.

D.

Procedure. Text amendments are processed according to the sequential steps set out in Section 13.302, Pre-Application Conference (for privately initiated text amendments) through Section 13.309, Public Meetings and Public Hearings and shall be decided by the City Council after recommendation of the Planning Commission (which is preceded by recommendation of the Landmark Commission to the Planning Commission for proposed text amendments with implications for historic districts and/or landmarks) pursuant to the public meetings provisions of Section 13.309, Public Meetings and Public Hearings. Both bodies shall hold public hearings. The procedure shall incorporate the following additional requirements:

1.

Staff Review. The Development Services Director shall review each proposed amendment in light of the approval criteria of subsection 13.701.C, above, and refer the application to City departments or other entities as deemed necessary. Based on the results of those reviews, the Development Services Director shall provide a report and recommendation to the Planning Commission.

2.

Planning Commission Recommendation.

a.

The Planning Commission shall make a preliminary report to the City Council and hold at least two public hearings on the proposed text amendment. Following the hearings, the Planning Commission shall make a final report to the City Council.

b.

Upon receiving the final report of the Planning Commission, the Development Services Director shall draft an ordinance, submit it to the City Attorney for approval as to form, and shall forward the ordinance to the City Council for consideration.

3.

City Council Action. After receiving the final report of the Planning Commission, the City Council shall vote to approve, approve with amendments, or reject the proposed amendment, based on the approval criteria in subsection C, above. The City Council also may refer the proposed amendment back to the Planning Commission for further consideration, continue a public hearing, or postpone action on an application for a period not to exceed 90 days (or shorter period if the application is being processed concurrently with a plat and the plat application is still pending at the time the amendment is postponed).

E.

No Retroactive Cure of Violations. The amendment of the text of these Regulations may transform a legally nonconforming situation into a conforming one. However, no petition for a text amendment shall be used to cure a violation of any part of these regulations.

( Ord. No. 18-037, § 2, 6-21-18 )