Article X. PLANNING  


Section 1. Organization. There shall be established a Planning Commission that shall consist of seven (7) citizens of the City of Galveston. The City Council shall appoint one of its members to serve as ex-officio to the Commission. Ex-officio members shall not have the power to vote. The members of said commission shall be appointed by the Council for a terms [term] of three (3) years, except that of the seven (7) members first appointed two (2) shall be appointed for a term of one (1) year, two (2) for a term of two (2) years, and three (3) for a term of three (3) years. Such appointees shall serve without compensation and may not hold any elective office of the State of Texas or any political subdivision thereof. The Commission shall elect a chairman from among its official members and shall meet not less than once each month. A vacancy in an unexpired term shall be filled by the Council for the remainder of the term.

(Ord. No. 96-59, § 13, 6-16-96; Ord. No. 02-033, § 7, 5-4-02)

Section 2.  Powers and Duties. The Planning Commission shall have the following powers and duties: (1) Make, amend, extend, or add to a Master Plan for the physical development of the City;

(2) Recommend to the Council approval or disapproval of proposed changes in the zoning plan;

(3) Approve or disapprove the platting or subdividing of land within the corporate limits of the City and within adjacent areas as permitted by law;

(4) Reserved;

(5) Require information from the other departments of the City government in relation to its work;

(6) Reserved;

(7) Recommend to the Council approval or disapproval of plans for slum clearance, public housing, and urban re-development and renewal projects.

The Commission shall be responsible to and act as an advisory body to the Council on all other appropriate matters and shall perform such additional duties and exercise such additional powers as may be prescribed by ordinance of the Council not inconsistent with the provisions of this Charter.

(Ord. No. 96-59, § 13, 6-16-96; Ord. No. 04-028, § 2, 2-26-04)

State Law reference— Zoning, generally, Vernon's Ann. Civ. St. art. 1011a et seq.

Section 3. Director of Planning. There shall be a Director of Planning who shall be appointed by the City Manager, and who shall be qualified by special training and experience in the field of City Planning. The Director of Planning shall serve as the regular technical adviser of the Planning Commission, shall have the status of a director of a department, and shall have such other duties and responsibilities as the City Council may establish.

(Ord. No. 96-59, § 13, 6-16-96)

Section 4. The Master Plan. The Master Plan for the overall physical development of the City shall contain the commission's recommendations for growth, improvement and beautification of the City. A copy of the Master 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 the City Manager's recommendations thereon. The Council may adopt this plan as a whole or in part, and may adopt any amendment thereto, after at least one public hearing on the proposed action. The Council shall act on such plan, or part thereof, within sixty (60) days following its submission by the City Manager. If such plan, or part thereof, should be rejected by the Council, the 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 Master Plan recommended by the Planning Commission shall be submitted in the same manner as that outlined above to the Council for approval, and all recommendations to the Council from any City department affecting the Master Plan must be accompanied by a recommendation from the Planning Commission.

(Ord. No. 91-95, § 4(15), 11-14-91; Ord. No. 96-59, § 13, 6-16-96)

Section 5. Legal Effect of Master Plan. Upon adoption of the Master Plan by the Council, no subdivision, street, park, nor any public way, ground or space, public building or structure and no public utility, whether publicly or privately owned that is in conflict with the Master Plan, shall be constructed or authorized by the City until and unless the location and extent thereof shall have been submitted to and approved by the Commission. In case of disapproval, the Commission shall communicate its reasons to the Council, which shall have the power to overrule such disapproval and upon such overruling the Council or the appropriate office, department, or agency shall have power to proceed. The widening, narrowing, relocation, vacating or change in the use of any street 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. The failure of the Commission to act within thirty (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.

(Ord. No. 96-59, § 13, 6-16-96)