The purpose of this Article is to describe the roles and duties of the various review and decision-making bodies responsible for the administration of these regulations.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. The City Council is the legislative body of the City and has all powers conferred and implied by the City of Galveston Home Rule Charter in Article 2, Uses and Supplemental Standards. The Council, the Constitution, laws of the State of Texas, and as further described in the City Code of Ordinances.

B.

Decisions. The Council shall hear and decide the following applications under these regulations:

1.

Zoning classification or map amendments of property, including creation and/or amendment of historic overlay districts, specific use permit approval, and designation of Galveston Landmarks (GL) and Neighborhood Conservation Districts (NCDs).

2.

Determination and placement of new and unlisted uses within zoning districts.

3.

Amendments to the text of these regulations and abandonment of any City rights-of-way.

4.

Any other actions specifically assigned by these regulations

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. The Planning Commission is established by City of Galveston Home Rule Charter, Article 10, Planning. The Commission shall have final decision-making authority and shall make recommendations to City Council.

B.

Decisions. The Commission shall have the following powers:

1.

Review and Decision. The Commission shall review and decide the following types of development related applications:

a.

Preliminary and final plats;

b.

Replats, minor plats, and amendments to approved plats except for those which are handled administratively by the Development Services Director pursuant to Texas Local Government Code Section 212.0065 and these regulations;

c.

Approval of subdivisions with an alternative standard of compliance for any requirement of Article 6, Subdivision Design and Land Development;

d.

Appeals of decisions by City staff related to the subdivision regulations as provided in Article 13, Permits and Procedures;

e.

Permanent licenses to use (LTU) City right-of-ways and certain other LTUs as provided in Chapter 32-5 of the City Code;

f.

Beachfront Construction Certificates and Dune Protection Permits as specified by Chapter 29 of Galveston City Code, except for those which are handled administratively by the Development Services Director, as provided in these regulations; and,

g.

Any other actions specifically assigned by these regulations.

2.

Review and Recommendation. The Commission shall review and make a recommendation to the Council for the following types of applications:

a.

Rezoning of property including creation and/or amendment of historic overlay districts, specific use permit approval, and designation of GLs and NCDs;

b.

Determination and placement of new and unlisted uses within zoning districts;

c.

Amendments to the text of these regulations;

d.

Abandonment of any City rights-of-way;

e.

Any other review and recommendation responsibilities specifically assigned by these regulations and/or the City of Galveston Home Rule Charter; and

f.

Reserved.

g.

Reserved.

h.

Site Plans and all amendments to such plans as required in the Planned Unit Development District (PUD) and Specific Use Permits (SUP).

C.

Other Powers. The Commission is also empowered, on its own initiative or as requested by the City Council, to:

1.

Periodically review these regulations, the Comprehensive Plan, and other plans of the City, and make recommendations regarding updates and amendments;

2.

Submit reports and recommendations for the orderly growth, development, and redevelopment of the City;

3.

Initiate zoning map amendments, and

4.

Require information from City departments in relation to its work and responsibilities.

D.

Variances. The Planning Commission may authorize a variance from Article 6, Subdivision Design and Land Regulations when undue hardship will result from requiring strict compliance. In granting a variance, the Planning Commission shall prescribe only conditions that it deems necessary or desirable to the public interest; in making the required findings, the Planning Commission shall take into account the character of the proposed use of the land involved and existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variances upon traffic conditions and upon the public health, safety, convenience, and welfare in the vicinity. No variance shall be granted unless the Planning Commission finds:

1.

That there are special or unique circumstances or conditions affecting the land involved such that the strict application of this ordinance would deprive the applicant of the reasonable use of his land.

2.

That the granting of the variance will not be detrimental to the public health, safety, welfare, or injurious to other property in the area.

3.

That the granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this ordinance. Such findings of the Planning Commission, together with the specified facts upon which such findings are based, shall be incorporated into the official minutes of the Planning Commission meeting at which such variance is granted. Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute hardship.

4.

Authorization for a variance under the conditions set forth herein shall require an affirmative vote by two- thirds of the Planning Commission members.

E.

Exaction Variances

1.

Definitions.

a.

Permit: For purposes of this section permit shall carry the meaning defined for that term by Chapter 245 of the Texas Local Government Code, as amended.

b.

Public facilities system: means the collection of public infrastructure facilities owned or operated by or in behalf of the City for the purpose of providing services to the public including existing and new developments.

c.

Public infrastructure improvement: means an improvement to a component part of the above-defined public facilities system required in whole or in part as a consequence of development.

2.

Purpose, Applicability, and Designation.

a.

Purpose: The purpose of a proportionality appeal is to assure that a requirement to dedicate, construct, or pay a fee for a public infrastructure improvement imposed on a proposed plat or development as a condition of approval does not result in a disproportionate cost burden on the property owner, taking into consideration the nature and extent of the demands created by the proposed development on the City's public facilities systems.

b.

Applicability: An appeal under this section may be filed by a property owner to contest any requirement to dedicate land, to construct improvements, to pay development fees, or other than impact fees for a public infrastructure improvement which requirement is imposed under the City's Article 6, Subdivision Regulations to a plat application pursuant to this regulation, whether the requirement is applicable under uniform standards or is imposed pursuant to an individual evaluation of the proposed subdivision.

c.

Designation: The City Manager may designate and retain another licensed professional engineer to perform the duties assigned to the City Engineer by this section as needed to adjust workflow or to provide specific expertise.

3.

Proportionality Determination by City Engineer. Prior to consideration and approval of a final plat application or other requested permit requiring dedication or construction of a public infrastructure improvement, and upon receipt of a written request by applicant or platting entity, the City Engineer shall prepare a report affirming that each public infrastructure improvement to be imposed as a condition of plat or permit approval is roughly proportionate to the demand created by the development on the City's public facilities systems, taking into consideration the nature and extent of the development proposed. In making his proportionality determination, the City Engineer may rely upon data submitted by the developer or applicant as well as:

a.

Findings pertaining to on-site improvements;

b.

The proposed or potential use of the land;

c.

The timing and sequence of development in relation to availability of adequate levels of public facilities;

d.

Impact fee studies or other studies that measure the demand for services created by the development and the impact on the City's public facilities systems;

e.

The function of the public infrastructure improvements in serving the proposed development; the degree to which public infrastructure improvements to serve the subdivision are supplied by other developments;

f.

The anticipated participation by the City in the costs of such improvements or any reimbursements for the costs of public infrastructure improvements for which the proposed development is eligible; or

g.

Any other information relating to the mitigating effects of the public infrastructure improvements on the impacts created by the development on the City's public facilities systems.

The proportionality assessment must be based upon an individualized determination related both in nature and extent to the impact of the proposed development, but no precise mathematical calculation is required. Wherever feasible and appropriate, the determination may incorporate or consider:

a.

Applicable federal, state, local, or regional data, statistics, guidelines, standards, methodologies, or studies; or

b.

Generally accepted best practices of the profession.

Based upon his proportionality determination, the City Engineer shall affirm that the developer's portion of the costs required for infrastructure improvements does not exceed the amount that is roughly proportionate to the impacts of the proposed development.

The City Engineer may promulgate any application requirements that may assist in making the proportionality determination required by this Subsection.

4.

Commission Determination. The City Planning Commission shall take into account the City Engineer's report concerning the proportionality of public infrastructure improvement requirements to be applied to a proposed final plat application or permit approval, as the case may be, in making its decision on the plat application or permit approval and shall identify any variation to the requirements that are to be included as conditions to plat or permit approval.

5.

Appeals for Exaction Variance. An appeal to the City Council under this section may be filed by a property owner or the applicant for a final plat or permit, in which a requirement to dedicate land for, construct or pay a fee for a public infrastructure improvement has been applied or attached as a condition of approval by the Planning Commission for final plat approval or as grounds for recommending denial of the pending plat application.

a.

Time for Filing and Request for Extension of Time. The appeal shall be filed in writing within ten days of the date of the Planning Commission's final plat approval or denial. The appeal shall be filed with the Development Services Department, who shall place the item for consideration at an upcoming meeting of the City Council.

b.

Form of Appeal. An appeal under this Section shall allege that application of the standard or the imposition of conditions relating to the dedication, construction or fee requirement is not roughly proportional to the nature and extent of the impacts created by the proposed development on the City's public facilities systems, or does not reasonably benefit the proposed development.

c.

Study Required. The appellant shall provide a study in support of the appeal that includes the following information within 30 days of the date of appeal unless a longer time is requested in writing not to exceed 60 days total:

i.

Total capacity of the City's roadway, drainage, or park system to be utilized by the proposed development, employing standard measures of capacity and equivalency tables relating the type of development proposed to the quantity of system capacity to be consumed by the development. If the proposed development is to be developed in phases, such information also shall be provided for the entire development proposed, including any phases already developed.

ii.

Total capacity to be supplied to the City's roadway, drainage, or park facilities system by the dedication of an interest in land, construction of improvements, or fee contribution. If the Plat application is proposed as a phased development, the information shall include any capacity supplied by prior dedication, construction, or fee payments.

iii.

Comparison of the capacity of the City's public facilities system(s) to be consumed by the proposed development with the capacity to be supplied to such system(s) by the proposed dedication of an interest in land, construction of improvements, or fee payment. In making this comparison, the impacts on the City's public facilities system(s) from the entire development shall be considered.

iv.

The amount of any City participation in the costs of over sizing the public infrastructure improvement to be constructed in accordance with the City's requirements.

v.

Any other information that shows the alleged disproportionality between the impacts created by the proposed development and the dedication, construction, or fee requirement imposed by the City.

d.

Evaluation; Recommendation. The City Engineer shall evaluate the appeal and supporting study and shall make a recommendation to the City Council based upon the information contained in the study and the City Engineer's analysis based upon the same factors considered in making his original proportionality determination.

e.

Decision. The City Council shall decide the appeal and may take one of the following actions:

i.

Deny the appeal and impose the standard or condition on the plat or permit application in accordance with the City Engineer's recommendation or the Planning Commission's decision on the plat;

ii.

Deny the appeal upon finding that the proposed dedication, construction, or fee requirements are inadequate to offset the impacts of the subdivision on the public facilities system for water, wastewater, roadway, drainage, or park improvements and either deny the plat or permit application or require that additional public infrastructure improvements be made as a condition of approval of the application;

iii.

Grant the appeal and waive in whole or in part any dedication, construction, or fee requirement for public infrastructure improvements to the extent necessary to achieve proportionality; or

iv.

Grant the appeal and direct that the City participate in the costs of acquiring land for or constructing the public infrastructure improvement under standard participation policies.

f.

Criteria for Approval. In deciding an appeal under this section, the City Council shall determine whether the application of the standard or condition requiring dedication of an interest in land for, construction of, or payment of a fee for public infrastructure improvements is roughly proportional to the nature and extent of the impacts created by the proposed subdivision on the City's public facilities systems for water, wastewater, roadway, drainage, or park facilities and reasonably benefits the development. In making such determination, the Council shall consider the evidence submitted by the appellant, the City Engineer's report, and recommendation.

g.

Action Following Decision. If the relief requested under the proportionality appeal is granted in whole or in part by the City Council, the dedication, construction, or fee requirement initially recommended by the Planning Commission as a condition of plat or permit approval shall be modified accordingly and the standards applied or the conditions attached to approval of the plat or permit application shall be conformed to the relief granted.

h.

New Study Following Modification. If the plat or permit application is modified to increase the number of residential units or the intensity of non-residential uses, the responsible official may require a new study to validate the relief granted by the City Council.

i.

Expiration of Relief. If an applicant for plat or permit approval prevails on a proportionality appeal but fails to conform the Plat or Permit application to the relief granted by the City Council within the 90 day period provided, the relief granted by the City Council on the appeal shall expire.

j.

Extensions. The Council may extend the time for filing the revised plat or permit application for good cause shown, but in any event, the expiration date for the relief granted shall not be extended beyond one year from the date relief was granted on the appeal.

k.

Subsequent Application. If the Plat application for which relief was granted is denied on other grounds, a new petition for relief shall be required on any subsequent application.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. The Zoning Board of Adjustment is a quasi-judicial board with the authority to hear certain matters under these regulations.

B.

Decisions. The Zoning Board of Adjustment shall have the following powers:

1.

Variances. Review and decide applications for variances from the provisions of these regulations, excluding matters related to subdivision regulation, as provided in Article 13, Permits and Procedures.

2.

Special Exceptions. Grant a special exception when the specific conditions for the special exception have been met. The special exception power is not an unlimited grant of authority to the Zoning Board of Adjustment but is limited exclusively to those exceptions specifically enumerated in these regulations. The Zoning Board of Adjustment shall grant a special exception only in the following instances and then only when the Zoning Board of Adjustment finds that such special exception will not affect adversely the value and use of adjacent and neighboring property or be contrary to the public interest.

a.

Front and rear yard requirements in the following circumstances:

i.

A front yard exception where the front yard setback of the adjacent lot does not meet the front yard requirements of these regulations;

ii.

A rear yard exception where the rear yard setback of any two or more lots in the same block do not meet the rear yard requirements of these regulations;

iii.

A yard exception on corner lots, or lots opposite or adjoining permanent open spaces, including parks and playgrounds; and

iv.

An exception where the existing front yard setbacks of the various lots in the same block are not uniform, so that any one of the existing front yard setbacks shall, for a building hereafter constructed or extended, be the required minimum front yard depth.

3.

Appeals. Hear and decide appeals from:

a.

Decisions of the Landmark Commission as provided in Article 13, Permits and Procedures.

b.

Administrative decisions of the Development Services Director or other administrative staff of the City as provided in Article 13, Permits and Procedures.

4.

The Zoning Board of Adjustment shall act as the Board of Appeals for a Request for Exemption from the standards set forth in the Design Manual for the Installation of Network Nodes and Node Support Poles.

C.

Prohibited Actions. The Zoning Board of Adjustment shall not:

1.

Approve a variance that would permit a use in a zoning district that prohibits that use.

2.

Approve a variance that would allow a particular site improvement that is authorized only in specified zoning districts, along certain roadways, or in other areas of the City specifically identified in these regulations, to be constructed or placed in an area where it is not so authorized.

3.

Approve a variance with any stated or implied time limit or duration, after which the approved variance would no longer apply to the subject property.

4.

Approve a variance that would allow an action or activity that is prohibited by federal or state laws or regulations.

D.

Other Powers. The Zoning Board of Adjustment is also empowered to:

1.

Place upon any variance or special exception any condition reasonably necessary to protect the public interest and community welfare.

2.

Revoke or modify a variance or special exception upon finding that:

a.

Such variance or special exception was obtained or extended by fraud or deception.

b.

One or more of the conditions imposed by the Zoning Board of Adjustment in granting such variance or special exception has not been complied with or has been violated.

c.

The variance or special exception, although granted in accordance with all requirements of these regulations, has caused a nuisance or is otherwise detrimental to public health, safety, and welfare.

3.

Grant a change of occupancy from one nonconforming use to another, provided the new use is within the same or a more restrictive use classification as the original nonconforming use. In the event a nonconforming use of a building may be changed to another nonconforming use of a more restrictive classification, it shall not later be changed to a less restrictive classification of use and the prior less restrictive classification shall be considered to have been abandoned.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. The Landmark Commission works to protect, enhance, and promote landmarks and districts of historical importance in the city. The Landmark Commission shall have final decision-making authority in some decisions, and in others shall make recommendations to City Council and/or the Planning Commission.

B.

Qualifications All regular members shall be appointed by City Council to serve in a specified position as designated below. City Council shall appoint regular members to serve in positions one through seven. City Council shall appoint the ex-officio to position eight. City Council shall appoint alternates who fulfill the requirements of positions one through four. The alternates shall not be owners from the same historic zoning district. The designated positions shall be:

Position 1. An owner of a commercial building or commercial business located in a historic zoning district or an owner of a residential condominium in the Strand/Mechanic Historic District;

Position 2. An owner of a residential historic structure located in a historic zoning overlay or historic district;

Position 3. An owner of a historic structure located in a historic zoning overlay or historic district;

Position 4. An owner of a historic structure located in a historic zoning overlay or historic district, or an owner of a structure located in a neighborhood conservation district;

Position 5. A practicing design professional, including but not limited to: an architect, a landscape architect, an engineer, or an interior designer;

Position 6. Any resident of the City, including within a NCD or historic zoning overlay or historic district;

Position 7. Any resident of the City, including within a NCD or historic zoning overlay or historic district; and

Position 8. A member of City Council, who shall be non-voting on the Landmark Commission.

In addition to meeting the requirements of the appointed position, all regular members and alternates shall have a demonstrated interest or competence in, or knowledge of historic preservation.

C.

Decisions. The Landmark Commission shall have the following powers:

1.

Review and Decision. The Landmark Commission shall review and decide the following types of development related applications except for those which are handled administratively by the Historic Preservation Officer as provided through the administrative approval provisions in the City's adopted Historic Design Standards:

a.

Certificates of appropriateness where required in accordance with these regulations including for proposed demolition of structures;

b.

Signs within a historic overlay district;

c.

Appeals from administrative decisions regarding design plans and certificates of zoning compliance for the demolition, relocation, new construction or an alteration or addition to the street facade of an existing building or structure within a designated NCD;

d.

Determination of claims of economic hardship by applicants following denial of a certificate of appropriateness;

e.

Moving a GL from the location where it was designated; and

f.

Any other actions specifically assigned by these regulations.

2.

Review and Recommendation. The Landmark Commission shall review and make a recommendation for the following types of applications:

a.

To the Planning Commission and City Council for creation and/or amendment of historic overlay districts and designation of GLs and NCDs.

b.

To the Planning Commission for permanent licenses to use (LTU) City right-of-ways, when the request is within a HOD, as provided in Chapter 32-5 of the City Code of Ordinances.

c.

To the Planning Commission and Council for abandonment of any City rights-of-way in a HOD.

d.

Any other review and recommendation responsibilities specifically assigned by these regulations.

D.

Other Powers. The Landmark Commission may also:

1.

Initiate zoning map amendments to designate a GL, HOD, or NCD.

2.

Develop, adopt and amend design standards consistent with the United States Secretary of the Interior's Standards for Rehabilitation to be used by the Landmark Commission.

3.

Exercise its authority, under Texas Local Government Code Section 214.00111, to review a substandard building that is subject to potential corrective action by the City to determine if the building can be rehabilitated and receive a national, state, or municipal historic designation.

4.

File appropriate documents in the real property records of Galveston County.

5.

Conduct surveys and provide information to enable the City to compile and maintain the Galveston Landmark Register of Historic Places, which provides an inventory of significant historic, architectural, and cultural landmarks located within the City.

6.

Confer recognition upon the owners of GLs, including through the issuance of certificates, plaques, or markers.

7.

Testify before City boards and commissions on matters affecting historically, culturally or architecturally significant areas, building, sites, objects, structures, or historic districts.

8.

Provide comments to the State Historic Preservation Officer (SHPO) regarding designation on the National Register of Historic Places within the City.

9.

Inform and educate the citizens of Galveston concerning the historical, cultural, and architectural heritage of the City.

10.

Periodically review the City's zoning regulations and Historic Design Standards and recommend to Council amendments the Landmark Commission deems appropriate for the continued preservation and protection of landmarks, buildings, objects, sites, structures, and historic districts.

11.

Submit an annual report to Council summarizing the Landmark Commission's previous year of work, on a yearly timetable established by the Commission in conjunction with the Historic Preservation Officer.

12.

Apprise Council of, and make recommendations pertaining to, the availability of state, federal, or other funds that can be used to promote the preservation of landmarks and historic districts within the City.

13.

Provide comments to the Historic Preservation Officer about zoning changes and other issues affecting historic resources.

14.

Coordinate plans and programs of the Landmark Commission with City departments and other City boards through the Historic Preservation Officer.

(Ord. No. 18-037, § 2, 6-21-18)