The purpose of this Article is to establish procedures for the processing of permits and approvals that affect the development and use of property subject to the jurisdiction of the City.

(Ord. No. 18-037, § 2, 6-21-18)

Approvals and permits are required for development within the City. The required approvals and permits are set out in this Division.

(Ord. No. 18-037, § 2, 6-21-18)

Administrative permits and approvals generally are processed by City staff and do not involve board/commission review or public hearing.

A.

Certificate of Zoning Compliance.

1.

A Certificate of Zoning Compliance is required prior to the use of any land or the occupancy of any building that is erected, converted, or structurally altered in accordance with the requirements of Chapter 10, Building Code, of the City Code of Ordinances.

2.

The Development Services Director issues a Certificate of Zoning Compliance upon demonstration that the proposed use of the building or land will comply with the applicable provisions of these regulations.

B.

Limited Use Approval.

A limited use approval applies to permitted uses that are subject to limitations as provided in Article 2, Table of Permitted Land Uses.

C.

Temporary Use Certificate.

A temporary use is a unique short-term use that will be discontinued after a specified time. Such uses include, but are not limited to, special events, construction buildings, and seasonal businesses pursuant to Section 13.202D. Prior to the establishment of a temporary use within the City, a Temporary Use Permit (TUP) must be obtained.

1.

The purpose of a TUP, which is an administrative permit issued by the Building Official, is to ensure compatibility of the temporary use with surrounding properties. Areas to be reviewed as part of the permit process include traffic circulation, parking, public conveniences, signs, and any other special operating characteristics. This permit will specify the use, establish a period of time for which the use is approved, and any special conditions attached to the approval.

2.

Appeal of a denial of a TUP shall be made to the Zoning Board of Adjustments.

D.

Permitted Temporary Uses.

1.

The following may be permitted by the building official as temporary uses under this division:

a.

Model homes or apartments and related real estate services, if the use is located within the residential development to which the use pertains;

b.

A circus, carnival, rodeo, fair, or similar activity if the use is located at least 200 feet from a R-0, R-1, R-3, UN, and R-2 zoning districts;

c.

An outdoor art or craft show or exhibit;

d.

Christmas tree sales;

e.

An on-site construction field office, if the use is located in a portable structure and conducted for not more than 6 months;

f.

Seasonal retail sale of agricultural or horticultural products if the use is located at least 200 feet from an R-0, R-1, R-2, R-3, and UN zoning districts; or

g.

Seasonal day care if the use is conducted for not more than eight hours a day and not more than 30 days a year.

2.

A sales office for a new subdivision may be permitted as a temporary use under this division if the sales office is located within the subdivision and at least 200 feet from existing dwellings outside the subdivision.

a.

A sales office for a new subdivision may not be operated after:

i.

The expiration of four years from the date the first construction permit issued in the subdivision; or

ii.

The date by which 93 percent of the lots are sold.

b.

The Zoning Board of Adjustment may grant an extension of the deadlines described in this subsection.

3.

An outdoor public, religious, patriotic, or historic assembly or exhibit including a festival, benefit, fund raising event, or similar use that typically attracts a mass audience may be permitted as a temporary use under this division if:

a.

For a gathering of not more than 30 persons, the use is not located in an R-2 or more restrictive zoning district;

b.

For a gathering of more than 30 persons, the use is not located in an MF or more restrictive zoning district; or

c.

For an exhibit, the use is not located in a TN or more restrictive zoning district.

4.

A single dwelling located in a mobile structure on a construction site may be permitted as a temporary use under this division if the Building Official determines that the dwelling is required to provide security against nighttime theft or vandalism. The Building Official may allow the use for a period of up to six months and, if requested by the applicant, may extend that period for an additional six months. An applicant may appeal to the Zoning Board of Adjustment a denial of the use by the Building Official.

5.

An outdoor special sale, including a swap meet, flea market, parking lot sale, or similar activity may be permitted as a temporary use under this division if the use is located in an industrial zoning district. An outdoor special sale may be conducted on not more than three days in the same week and not more than five days in the same month.

6.

Within the Commercial Business District (CBD), retail services may be permitted as a temporary use in accordance with the requirements of this subsection. The retail use must:

a.

Be located within an enclosed fire area, as defined by the Building Code, that does not require structural changes to accommodate the use; an

b.

Have an approved certificate of occupancy or temporary certificate of occupancy.

c.

The retail use may not exceed 12,000 square feet in area unless an approved sprinkler system has been installed in accordance with the Fire Code;

d.

The following uses and activities may not be permitted as a temporary retail use under this subsection:

i.

Personal services;

ii.

Food preparation including shaved ice vending unless licensed or permitted by required health authority;

iii.

Sale or consumption of alcoholic beverages;

iv.

A portable toilet serving the retail use whether located inside or outside of the use; or

v.

Storage of hazardous materials as defined by the Fire Code.

7.

A permit for a temporary retail use under this subsection may be issued for up to 90 days and renewed once for a total operating period not to exceed 180 days.

8.

The Building Official may permit other temporary uses that are similar to those described in this section.

E.

Temporary Use Application, Approval, and Extension.

1.

A person may file an application to conduct a temporary use with the Building Official. The person must file the application at least 10 days before the requested date for beginning the temporary use.

2.

An application must include a diagram and description of the use and all additional information required by the Building Official to make a determination under this division.

3.

After making a determination, the Building Official shall approve, conditionally approve or deny an application for a temporary use not later than the 10 ^th day after the date the application is filed.

4.

If the Building Official approves or conditionally approves a temporary use, the Building Official shall issue a building permit, certificate of occupancy, or temporary use permit.

5.

Except as provided in subsection 13.202.F, the Building Official may renew or extend an authorization for a temporary use if requested by the applicant.

6.

Unless further limited by the requirements of this division, a temporary use may continue for not more than 180 days. An applicant must file a new application to continue a temporary use beyond that period.

F.

Temporary Use Determinations. The Building Official may permit a temporary use after determining that the temporary use:

1.

Will not impair the normal, safe, and effective operation of a permanent use on the same site;

2.

Will be compatible with nearby uses;

3.

Will not adversely affect public health, safety, or convenience;

4.

Will not create a traffic hazard or congestion;

5.

Will not interrupt or interfere with the normal conduct of uses and activities in the vicinity; and

6.

Will not operate from a facility that is poor state of disrepair, including rust, peeling paint, offensive signage, structural damage, improper vehicle suspension, or poor design.

G.

Sign Permit.

1.

A Sign Permit is required prior to the installation of a new sign or modification of any existing sign, with the exception of exempt signs (and refacing of existing signs) as identified in Article 5, Signs.

2.

The Development Services Director issues all sign permits, except for those issued by the Historic Preservation Officer within historic districts following design review. However, when applicable, the following special approvals are required from the Development Services Director and several situations require approvals from other bodies prior to the issuance of the sign permit:

a.

license to use public rights-of-way for temporary vertical banner signs;

b.

license to use public rights-of-way for long-term vertical banner signs;

c.

approval of transfer of a permit for a billboard sign;

d.

approval of additional height for a legally nonconforming billboard sign;

e.

approval of sign design in a NCD; and

f.

approval of sign design in the Broadway Overlay Zone, Seawall Development Zone, and Gateway Development Zone.

H.

License to Use. A License to Use (LTU) is required prior to placing items within or otherwise obstructing City right-of-ways in accordance with Chapter 32-5 of the City Code of Ordinances.

(Ord. No. 18-037, § 2, 6-21-18)

Discretionary approvals and designations generally require review by and/or public hearing before one or more City Boards or Commissions.

A.

Rezoning.

1.

A zoning map amendment is a change to the Official Zoning Map and includes creation and/or amendment of overlay districts, specific use permit approval, and designation of GLs, HZDs, and NCDs.

2.

The Map and classification amendments are approved by the City Council after recommendation of the Planning Commission and recommendation of the Landmark Commission for properties in historic districts.

3.

The Map and classification amendments also refer to instances where property designated as a temporary classification as a result of annexation is granted a permanent zoning classification.

B.

Classification of New and Unlisted Uses. Any proposed use that is not explicitly classified as a permitted, specific, temporary, or prohibited use shall be reviewed and considered by the City Council for classification. The City Council may either choose to interpret the proposed use as an existing classified use, or adopt it as a new use and designate it as a permitted, specific, temporary, or prohibited use based on the base and/or overlay zoning district(s).

C.

Specific Use Permit.

1.

A Specific Use Permit (SUP) is required prior to the establishment of any use that is classified by these regulations and subject to review as a specific use or for any use or activity which otherwise requires a SUP.

2.

SUPs are approved by the City Council after recommendation of the Planning Commission and of the Landmark Commission for applications within historic districts and/or as they relate to GLs.

3.

If a building permit for a use approved by Specific Use Permit (SUP) has not been issued within two (2) years of the date of final approval by City Council, the SUP and all associated plans shall expire unless the SUP specifically states otherwise or a state or federal declaration of a natural disaster occurs within such period, then the SUP will automatically be extended for one additional two (2) year period.

4.

If a use approved by Specific Use Permit is discontinued for a period of one (1) year, then the SUP and all associated plans shall be deemed to have expired and be of no effect.

5.

A Specific Use Permit approved under the 1991 Galveston Zoning Standards which has not received a Certificate of Occupancy for the designated specific use prior to the adoption date (March 5, 2015) of the regulations contained herein, then the SUP and associated plans shall be deemed to have expired.

D.

Temporary Permit for a Mobile Home, Travel Trailer, or Camper on a Single Lot.

1.

A temporary permit is required for the location and use of a single mobile home, travel trailer, or camper on any lot in any zoning district. The intent of this temporary permit provision is to provide for flexibility of land use in community reorganization during periods immediately following natural disasters such as floods, fires, or such other emergency purposes.

2.

The Zoning Board of Adjustment grants such temporary permits for periods not to exceed six months subject to such terms, conditions, or special limitations as the Zoning Board of Adjustment may prescribe or impose. The Zoning Board of Adjustment may extend any such temporary permit for up to 12 additional months, but the total term of any such permit including extensions shall not exceed 18 months.

E.

Change of Occupancy for a Nonconforming Use. A change in occupancy within an existing structure, building, or site from an existing nonconforming use to a new nonconforming use must be approved by the Zoning Board of Adjustment.

F.

Site Plan Approval.

1.

Site plan approval is required prior to the issuance of a building permit for the construction, erection, or alteration of a structure or building in any zoning district where these Regulations specify such approval.

2.

The Development Services Director administers the site plan review and approval process.

G.

Sign Permit.

1.

A sign permit is required prior to the installation of a new sign or modification of any existing sign with the exception of exempt signs (and refacing of existing signs) as identified in Article 3, Signs.

2.

The Development Services Director issues all sign permits, except for those issued by the Historic Preservation Officer within historic districts following design review. However, when applicable, the following special approvals are required prior to the issuance of the sign permit:

a.

Special approvals issued by the Planning Commission;

b.

Special approvals and recommendations issued by the Landmark Commission. Approval of a sign design, in a designated historic district, when the design does not strictly conform to the City's adopted Design Standards for Historic Properties (and, therefore, cannot be approved administratively by the Officer).

H.

Alternative Standard of Compliance with Subdivision Regulations.

1.

An alternative standard of compliance enables an applicant to propose variations from certain subdivision standards prescribed by these regulations and still achieve substantial compliance with the regulations.

2.

The Planning Commission approves alternative standards of compliance as provided in Article 6, Subdivision Design and Land Development.

I.

Variance from Zoning Development Standards.

1.

A variance from zoning development standards is a variance from any standard of these regulations other than standards specifically related to subdivisions.

2.

Variances from zoning development standards are approved by the Zoning Board of Adjustment except for the following:

a.

Variances granted by the Landmark Commission for on-site parking requirements in a historic district; and

b.

Variances granted by the Development Services Director:

i.

Parking lot landscape credit.

ii.

Parking lot landscape exceptions and variances.

iii.

Temporary exceptions to outdoor lighting standards.

iv.

Exceptions to outdoor lighting standards for special events.

3.

Variances from airport height hazard regulations shall be reviewed by the Zoning Board of Adjustment. The Zoning Board of Adjustment shall conduct a review with a recommendation from the Airport Manager. If the Airport Manager does not respond within 13 days of receipt of the application, the Zoning Board of Adjustment may act on its own to grant or deny said variance.

J.

Designation of a Galveston Historic Landmark. Any structure, object, site, or building may be considered for historic landmark designation as long as it is at least 30 years old.

1.

Application for a Galveston Landmark (GL) designation must be submitted by a majority of the owners of the subject property, and said owners shall swear or affirm that they are the majority of property owners and consent to the designation of a GL.

2.

The following administrative bodies have decision-making authority with regards to the GL designation:

a.

The Landmark Commission reviews and recommends the historic landmark designation based on the criteria set forth in Article 2, Permitted Uses and Supplemental Standards.

b.

The Planning Commission also reviews and recommends the historic landmark designation.

c.

The City Council shall grant final approval of the historic landmark designation after recommendation of the Planning Commission and the Landmark Commission.

K.

Designation of a Historic District. A specific geographic area or collection of structures, objects, sites, or buildings may be considered for designation as a HZD.

1.

Application for a historic zoning district designation is initiated by submitting a petition signed by a minimum of 51 percent of the property owners in the proposed district who request the designation.

2.

The following administrative bodies have decision-making authority with regard to the HZD designation:

a.

The Landmark Commission reviews and recommends the historic zoning district designation based on the criteria set forth in Article 2, Permitted Uses and Supplemental Standards.

b.

The Planning Commission also reviews and recommends the HZD designation.

c.

The City Council shall grant final approval of the HZD designation after recommendation of the Planning Commission and the Landmark Commission.

L.

Designation of a Neighborhood Conservation District (NCD).

1.

A NCD may be designated according to the criteria set forth in Article 2, Permitted Uses and Supplemental Standards.

2.

Application for a NCD designation may be initiated by any of the following:

a.

Property owners representing 51 percent of the land area within the proposed district;

b.

51 percent of property owners within the proposed district; or

c.

The Landmark Commission, Planning Commission or City Council. Before a NCD can be initiated by a City entity, the following shall be required:

i.

A minimum of two public forums held with the affected property owners/tenants; and

ii.

A minimum of two notices either hand delivered or mailed to all affected property owners/tenants inviting participation and advising of meeting times and dates.

3.

The following administrative bodies have decision-making authority with regards to NCD designation:

a.

The Landmark Commission reviews and recommends the NCD designation based on the criteria set forth in Article 10, Permitted Uses and Supplemental Standards.

b.

The Planning Commission also reviews and recommends the NCD designation.

c.

The City Council shall grant final approval of the NCD after recommendation of the Planning Commission and the Landmark Commission.

M.

Certificate of Appropriateness.

1.

A Certificate of Appropriateness is required prior to the issuance of a building permit for the improvement, construction, reconstruction, repair, or demolition of any building, structure, or site designated as a historic landmark.

2.

The Landmark Commission approves Certificates of Appropriateness, except as administrative approvals are provided for by these regulations and/or by the City's adopted Design Standards for Historic Properties.

N.

License to Use.

1.

A License to Use (LTU) is required prior to placing items within or otherwise obstructing City right-of-ways.

2.

The Landmark Commission reviews and makes recommendations to the Planning Commission for permanent licenses to use when the request is within a designated historic district.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. The standardized development approval procedures of this Division apply to all permit and approval applications that are set out in Division 13.200, Permits and Approvals and Division 13.500, Subdivision Plat Procedures.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. The purpose of a pre-application conference is to familiarize the applicant with the development review and approval process and applicable provisions of these Regulations that are required to permit the proposed development.

B.

Requirements. A pre-application conference is recommended for all applications for development approvals that require public hearings, unless waived by the Development Services Director as provided in subsection 13.202.C.3, below. A pre-application conference is optional for all other application types. Pre-application conferences do not apply to administrative appeals.

C.

Authority of Development Services Director.

1.

The Development Services Director may establish a regular schedule for conducting pre-application conferences.

2.

The Development Services Director may provide for conducting pre-application conferences in person, by telephone, or by internet-based conferencing.

3.

The Development Services Director may waive a pre-application conference if the Development Services Director and the applicant agree that such conference is unnecessary to serve the purposes set out in Section 13.302.A.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. Every application for an approval required by these regulations shall be submitted on a form approved by the Development Services Department and shall include the corresponding application fee.

B.

Applicant. Unless otherwise specified in these regulations, applications for review and approval may be initiated by the owner of the property that is the subject of the application or the owner's authorized agent. When an authorized agent files an application under these regulations on behalf of a property owner, the agent shall provide written documentation that the owner of the property has authorized the filing of the application. In lieu of the owner's authorization, the applicant may submit an Affidavit of Authority to Transfer as allowed under Section 12.019 of the Property Code.

C.

Representation of Facts. It shall be unlawful for any person to knowingly or willfully misrepresent or fail to include any information required by these regulations on any application. If development is approved based on an application that contained misrepresentations or failed to contain material facts required by the application, then the City shall place a stay or stop work order on the development or use. The stay or stop work order shall remain in place until such time that the approval body receives the required information and is satisfied as to the appropriateness of the approval granted.

D.

Waiver of Submittal Requirements. The Development Services Director may waive certain submittal requirements in order to tailor the application to focus on the information necessary to review a particular case or if they find that the project size, complexity, anticipated impacts, or other factors associated with the proposed development clearly, in the Development Services Director's sole judgment, support such waiver.

E.

Additional Requirements. The Development Services Director or any director of the City, a service or utility provider, or county which has authority to review and/or approve may also add requirements to the submittal when it is reasonably foreseeable that additional information will be needed to resolve questions of compliance with the requirements of these regulations or other policies or plans of the City, any service or utility provider, or county that is associated with or may be affected by the project.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 19-043, § 2, 8-22-19)

A.

Generally. All permit and approval applications shall be reviewed for completeness by the Development Services Department.

B.

Incomplete Applications.

1.

Incomplete applications shall be reviewed within 10 days shall be returned to the applicant, along with partial or full refund of any fee included with the application (as indicated in the fee schedule which accompanies these regulations), and with a written explanation that describes the necessary documents or other information that must be submitted in order to complete the application and shall specify the date the application will expire if the necessary documents or other information is not provided.

2.

An application that does not include the applicable processing fee shall not be considered complete.

3.

Incomplete applications will be denied and shall expire in 45 days if the necessary documents or other information that is required is not provided.

C.

Complete Applications. Complete applications shall be processed according to the applicable procedures of this Article.

D.

Waiver of Application Requirements. The Development Services Director may waive application requirements, except application fees, if it is obvious that they do not relate to the processing of the specific application for which the waiver is requested.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. Upon determination that an application is complete, the Development Services Director shall cause the application to be reviewed for technical compliance with all applicable requirements of these regulations.

B.

Recommended Revisions.

1.

The Director of Development Services shall provide comments from City staff to the applicant, who shall revise and resubmit materials with appropriate changes within the time required by Section 13.306, Dormant Applications.

2.

The resubmittal shall not require an application fee unless both of the following conditions are met:

a.

The revisions are inappropriate or incomplete; and

b.

Repeated failure to address comments requires more than three rounds of revisions.

C.

Administrative Recommendation or Decision. Complete applications shall be processed as follows:

1.

If the application is for an administrative permit approval, the Development Services Director shall approve, approve with conditions, or deny the application as appropriate.

2.

For minor plats, such decisions or referrals shall be made within 30 days of date of submittal. The 30 day period may extended, for a period not to exceed 30 additional days, at the written request of the applicant.

3.

The Development Services Director may refer all applications for administrative permits to the Planning Commission for a decision. The Historic Preservation Officer may refer administrative certificates of appropriateness to the Landmark Commission.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 19-043, § 2, 8-22-19)

A.

Generally. Applications for development approval must be diligently pursued by the applicant. Accordingly, this Section extinguishes applications that become inactive by the applicant, whether this inaction is during an administrative review process conducted by City staff or after staff has forwarded an application and it is under consideration by a City board or commission identified in Article 12, Administrative Bodies.

B.

Expiration of Dormant Applications.

1.

When an action by the applicant is required for further processing of an application (for example, submittal of supplementary documentation or payment of outstanding fees), the application shall expire 45 days after the date that the action is requested if:

a.

The applicant fails to take action by the date specified in the written notice of the expiration of the application or permit; or

b.

The applicant fails to request an extension of time pursuant to Section 13.306.C.

2.

When an action by the applicant is required for further processing of an application for preliminary plan or plat approval, the application shall expire 45 days from receipt of the application if the application has remained dormant during that period where no activity has occurred toward the completion of the application, where changes or corrections are required, or where instruments or documents requested or required are not forthcoming from the property owner or authorized agent within the time period provided for completion and an extension of time has not been requested pursuant to Section 13.306.C.

3.

No refunds of application fees will be issued to applicants whose applications expire pursuant to Section 13.306.

C.

Extension of Time. The time for expiration of an application may be extended by up to six additional months upon written request of the applicant before the end of the period set out in 13.306.B.

D.

Effect of Expiration. Dormant applications shall expire unless the applicant can show progress toward completion of the project as follows:

1.

An application for a final plat or plan is submitted to the City;

2.

A good-faith attempt is made to file an application for a permit necessary to begin or continue towards completion of the project;

3.

Costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five percent of the most recent appraised market value of the real property on which the project is located;

4.

Fiscal security is posed to ensure performance of a required obligation; or

5.

Utility connection or fess or impact fees for the project have been paid.

E.

Any application proposal for a lot, parcel, or tract, regardless of the commonality with an expired application will be treated as a new application subject to requirements in effect at the time of the most recent submittal and with new fees.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. The City Council, Planning Commission, Landmark Commission, and Zoning Board of Adjustment may, at their discretion, seek additional recommendations from any City department, City Board or Commission, ad hoc committee, task force, subcommittee, other public agency at any level of government, community group or organization, or others as deemed necessary to make any decision or to gain insight or information related to any case or decision pending before them if within their purview to seek such evidence.

B.

Documentation. The additional information and/or recommendations shall be made a part of the record of the case.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. Public notice shall be provided as required by law or this section.

B.

Mailed Notice. If a mailed notice is required, then the Development Services Director or their designee shall deposit such notice into the mail not less than 10 days prior to the date of the hearing. Written notice shall be provided to owners of the parcels within 200 feet of the outer boundary of the land subject to the application at the mailing addresses of such persons in the records of the Appraisal District.

C.

Posted Notice. A posted notice may be required for proposed zoning map amendments (rezoning) and specific use permits except when a proposed map amendment is initiated by the City. The City may place a sign on the subject property at least 10 days prior to the scheduled meeting of the decision-making body, and the sign shall remain until after the final scheduled meeting regarding the subject application. Signs shall be located so that the lettering is visible from abutting public right-of-way. If no part of the subject property is visible from a public right-of-way, the notice shall be posted along the nearest street in the public rights-of-way in a location that does not obstruct sight lines that are necessary for public safety. The inadvertent removal of the posted notice (sign) shall not invalidate the statutory or ordinance required publication procedure for the zoning ordinance or map amendments.

D.

Content of Notice. All notices shall include the following contents:

1.

The street address of the property (if a street address is assigned);

2.

The name of the applicant;

3.

The type of approval sought (e.g., rezoning);

4.

A brief description of the application;

5.

The case number;

6.

The date, time and location of the meeting at which the application will be considered for approval;

7.

The phone number of the Development Services Department; and

8.

For mailed and published notices, the legal description of the property.

E.

Computation of Time. In computing the time periods for providing notice pursuant to this Section, the day of mailing, publication and/or posting shall not be counted, but the day of the hearing shall be counted.

F.

Constructive Notice. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description or location map that are not substantial with respect to the general location of the property, typographical or grammatical errors, or errors of actual acreage that do not impede communication of the notice to affected parties. Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing shall be strictly construed. If questions arise at the hearing regarding the adequacy of notice, the decision-making body shall direct the Development Services Director to make a formal finding as to whether there was substantial compliance with the notice requirements of these regulations and such finding shall be made available to the decision-making body at the same meeting or prior to final action on the application.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. All meetings of the City Council and appointed boards and commissions shall be open to the public except as otherwise provided in the Open Meetings Act (Texas Local Government Code Chapter 551). However, not all decisions require public hearings. Therefore, recommendations and decisions that are authorized by these Regulations are classified as requiring a "public meeting" or "public hearing."

B.

Joint Meetings. Any public hearing required by these regulations or the laws of the State of Texas may be held jointly with any public hearing required to be held by the City Council or any other City Board or Commission except the Zoning Board of Adjustment. Such joint meetings may be held after published notice as required by law.

C.

Consent Agendas for Public Meetings. The City Council and any City Board or Commission that is identified in Article 12, Administrative Bodies except the Zoning Board of Adjustment may utilize a consent agenda. The consent agenda may consist of all matters brought before the decision-making body for action that do not require a public hearing. All items on the consent agenda shall be approved simultaneously by motion without comment or debate. An item may be removed from the consent agenda prior to approval at the request of any member of the decision-making body present at the meeting or by City staff. Items removed from the consent agenda shall be considered on the regular agenda.

D.

Public Hearings.

1.

Procedures. All decision-making bodies shall adopt rules of procedure for the conduct of public hearings. The following general procedures shall be reflected in the adopted rules of procedure:

a.

Any person may appear at a public hearing, submit evidence, and be heard.

b.

If a speaker represents an organization, the body conducting the hearing may request written evidence of that person's authority to speak on behalf of the group in regard to the matter under consideration.

c.

Persons appearing at a public hearing shall identify themselves and state their address and similar information about any organization they represent.

d.

Citizens, applicants, and the City have the right to present expert witnesses.

e.

The chairperson may impose a reasonable time limit on speakers and may limit testimony that is deemed irrelevant or redundant.

2.

Representation. Persons appearing before a decision-making body may appear in person or through a representative or agent. The representative or agent shall provide written authorization from the property owner granting the representative or agent authority to represent the property owner's interest in the application

3.

Decisions.

a.

Except where these regulations or Texas statutes provide otherwise, official action requires the favorable vote of a majority of a quorum present.

b.

A favorable vote by the Zoning Board of Adjustment shall be governed by Texas Local Government Code Chapter 211.009.

c.

Except when voice votes are authorized, a vote shall be conducted in accordance with the boards adopted rules of procedure.

4.

Time Limitations for Decisions. For final plats and final development plans, the Planning Commission shall decide the application within 30 days of the date when City staff deemed the application complete and placed the application on the Planning Commission's agenda unless the applicant agrees to extend the 30 day time limit pursuant to Section 13.311.B.3.a.

E.

Conditions of Approval. Some procedures set forth in these regulations authorize the decision-making body to impose such conditions upon the property benefited by the approval as may be necessary to reduce, minimize, or eliminate potential adverse impact upon other property in the area or to carry out the general purpose and intent of the Comprehensive Plan and these regulations. In such cases, any conditions attached to approvals shall be directly related to the impacts of the proposed use or development and shall carry out the general purpose and intent of the City of Galveston 2011 Comprehensive Plan and these regulations. No conditions of approval, except for those attached to variance or minor modification approvals, shall be less restrictive than the requirements of these regulations.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. Decisions of the Planning Commission, Zoning Board of Adjustments, or the Landmark Commission may be brought up for a rehearing according to this Section. Decisions of the Planning Commission governed by the Article 6, Subdivision and Development Standards are not subject to the reconsideration or rehearing provision established in this Section.

B.

Limitations. A request for reconsideration or rehearing will be granted only if a member of the prevailing side of a vote of the board or commission finds, by majority vote of a quorum present, that:

1.

There was substantial procedural error in the original proceeding;

2.

The board or commission acted without jurisdiction in the original proceeding, and such jurisdictional defect has been since remedied; or

3.

The original decision was based upon misunderstanding, fraud, or misrepresentation.

C.

City Initiation. If the reason for reconsideration or rehearing is based on subsection B.3, above, then only the City is authorized to present a case for rehearing or reconsideration. If there was or is suspected by the City to be intentional fraud or misrepresentation, the City may pursue any remedy at law through criminal or civil proceedings for compensatory and punitive damages allowed by law.

D.

Conduct of Rehearing. A rehearing shall be conducted in the same manner as required for the original proceedings before the board or commission and shall be subject to all requirements under this Article as applicable. If the initial hearing required a public hearing, any rehearing of a case or requested action shall also require a public hearing.

E.

Timing of Rehearing.

1.

Same Meeting. At the same meeting, the decision-making body may reconsider its decision based on reasons under subsection 13.310.B, above.

2.

Different Meeting. An exception to subsection 13.310.B, above, may be authorized by the Development Services Director, who shall consider changed conditions not previously known or addressed.

3.

Delayed Consideration. Any reconsideration of a decision for a reason not listed under subsection 13.310.B, above, shall only occur after a period of six months from the date of the original decision.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. Consideration of applications may be postponed or applications withdrawn as provided in this Section.

B.

Continuances.

1.

Request or Motion to Continue. Consideration of an application may be postponed upon motion of the decision-making body or upon request of the applicant before a decision is made on the application.

2.

Period of Continuation. Should any item before a decision-making body be postponed in anticipation of information or events to occur prior to rendering a decision, such tabling shall be postponed to a date certain meeting.

3.

Decision Required. If at the conclusion of the continuation period the item under consideration remains in the same and/or unchanged state or condition as existed when the item was initially tabled, the item shall be removed from the table and shall either be approved based on the available information or shall be disapproved. In the case of a subdivision application, the decision to approve or deny the plat shall be made within 30 days of the date when City staff deemed the application complete unless the applicant withdraws the plat from consideration or submits a sworn written statement agreeing to suspend the 30 day time limit.

C.

Withdrawal. Any application may be withdrawn, either in writing or on the record during the proceeding, before the recommendation or decision is made.

(Ord. No. 18-037, § 2, 6-21-18)

Approval of an application shall be deemed to authorize only the particular use, plan, or other specific activity for which the approval was granted. Approvals shall run with the particular land for which approval is given. Text amendments to these Regulations are not related to particular parcels.

(Ord. No. 18-037, § 2, 6-21-18)

When a review or decision-making body does not take action on an application within the time required, which varies by type of application, such inaction shall be deemed a denial of the application unless:

A.

The decision-making body agrees to an extension of the time frame, or, in the case of subdivision plat review governed by Texas Local Government Code Section 212.009, the applicant submits a sworn written statement agreeing to suspend the 30 day time limit; or

B.

The decision-making body is a board or commission that did not meet between the date of application and the date by which action is required.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. It is the policy of the City not to hear successive applications for a substantially similar application after an application is denied. The limitations of this Section prevent the consideration of successive applications.

B.

Time Required Between Substantially Similar Applications. The City shall not accept any application that is substantially similar to an application that was denied within the periods set out below:

1.

Generally. Six months shall elapse between the date an application is denied and the date a substantially similar application is filed.

2.

Zoning Map, Classification, and Text Amendments. Zoning Amendments follow the general rule of subsection 13.313B.1, above, except that if substantially similar rezoning applications are denied twice, two years shall elapse from the last date of denial before a new substantially similar application is accepted for processing.

3.

Variances, Special Exceptions and Appeals Heard by the Zoning Board of Adjustment. One year shall elapse between the date an application is denied and the date a substantially similar application is filed.

4.

Appeals to the City Council. One year shall elapse between the date an application is denied and the date a substantially similar application is filed.

C.

Appeal and Waiver of Restrictions. The determination by the Development Services Director that an application is substantially similar to a denied application is subject to administrative appeal to the Zoning Board of Adjustment.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. Development approvals shall expire after two years if no progress has been made toward completion of a project unless the applicant files a request for an extension or can show progress toward completion of a project.

B.

Inconsistent Subsequent Approvals. If a parcel proposed for development is subject to an approval that has not lapsed, then the approval of an inconsistent application (except approval of a request to modify the application) shall automatically terminate prior inconsistent approvals and prior subordinate approvals if construction has not commenced. For example, if property is rezoned from one classification to another and a site plan is approved under the prior zoning classification, then a subsequent rezoning to the new classification would terminate the earlier district designation (a prior inconsistent approval) and the site plan approved under it (a prior subordinate approval to the inconsistent approval). However, if the prior site plan was built out, then it would remain as a nonconforming use under the new zoning designation until it was redeveloped according to the new site plan.

C.

Inconsistent Subsequent Development. Variances shall terminate automatically if:

1.

Development that is approved by variance is modified in a manner that makes the variance unnecessary (i.e., the modified development complies with these Regulations);

2.

Development that is approved by variance is demolished and an application to rebuild according to the previously approved plans is not filed within six months of the date of demolition; or

3.

An application is filed for a new project

D.

Change in or Abandonment of a Limited Use. A Limited Use that is abandoned may be changed to a permitted use in the zoning district.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. The Zoning Board of Adjustment shall approve or deny variances from the zoning related development standards (such as height, bulk or area) of these regulations, but not from any subdivision related standards which are considered by the Planning Commission as alternative standards of compliance as provided in Article 6, Subdivision Design and Land Development.

B.

Approval Standards. The Board of Adjustment may grant a variance under this Section only if the variance is not prohibited by Section 12.401.C, and if the Zoning Board of Adjustment makes a determination in writing that all of the following are demonstrated:

1.

The request for the variance is rooted in special conditions of the applicant's property that do not generally exist on other properties in the same zoning district.

2.

Due to said special conditions, the enforcement of the strict terms of these regulations would impose an unnecessary hardship on the applicant.

3.

The variance is not contrary to the public interest, in that:

a.

It does not allow applicants to impair the application of these regulations for:

i.

Self-imposed hardships;

ii.

Hardships based solely on financial considerations, convenience, or inconvenience; or

iii.

Conditions that are alleged to be "special" but that are actually common to many properties within the same zoning district.

b.

The variance will not have a detrimental impact upon:

i.

The current or future use of adjacent properties for purposes for which they are zoned;

ii.

Public infrastructure or services; and

iii.

Public health, safety, morals, and general welfare of the community.

4.

The degree of variance allowed from these regulations is the least that is necessary to grant relief from the identified unnecessary hardship.

5.

The variance shall not be used to circumvent other procedures and standards of these regulations that could be used for the same or comparable effect (e.g., if alternative development patterns, alternative development standards, or other flexible measures in these regulations are available that would avoid or mitigate hardship without using a variance, then they must be used).

6.

By granting the variance, the spirit of these regulations is observed and substantial justice is done.

7.

Should the Zoning Board of Adjustment approve a variance application that does not meet the approval standards established in this Section, the Planning Department shall notify the City Council within three days from the date the variance is approved.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. The standards of this Section are applicable to all uses classified as specific uses by these regulations. Individual specific uses shall also comply with the applicable standards in Article 2, Permitted Uses and Supplemental Standards. All specific uses shall comply with all of the following standards:

1.

The specific use will be consistent with any applicable goals, objectives, and policies of the City of Galveston 2011 Comprehensive Plan and any adopted neighborhood or special area plans;

2.

The specific use will not materially detract from the character of the immediate area or negatively affect the anticipated development or redevelopment trend; and

3.

The specific use is conducted in a manner that is not materially more disruptive to adjacent properties than uses permitted as-of-right in the district, unless the specific use is temporary and its limited duration will help to minimize the impact. Conditions of approval may be attached to the specific use to ensure that this requirement is satisfied.

(Ord. No. 18-037, § 2, 6-21-18)

Waivers and exceptions are allowed only in cases that are specifically authorized by these regulations. Such waivers and exceptions shall be processed concurrently with the application to which they relate. They shall not be granted in circumstances where the resulting development would be injurious to the public health, safety, or welfare.

Height and density may be established by City Council through an exception for development exceeding the maximum FAR or height of a development within a specific zoning district. The building height determination shall follow the procedure for a zoning amendment as established in law and these regulations. This provision does not apply to the HDDZ.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. A preliminary plat is required prior to consideration of an application for final plat or final development plat approval (except minor plats), with any phased development or where restricting areas of improvements under common ownership, and/or where land that abuts a proposed development is under common ownership or control with the land that is the subject of the development proposal.

B.

Consideration of Affected Abutting Property.

1.

When considering the phasing of development or where improvements are being restricted to a reduced area, adjacent lots, tracts, or parcels under or not under the same common ownership shall be evaluated as to the effects of the proposed plat upon those lands. There shall be no lots, tracts, or parcels that, upon platting, would prohibit the extension of utilities or the extension of approved access that results from the platting of lands.

2.

A preliminary plat shall include all contiguous land under the same ownership. If only a portion of the land is intended for immediate development, the remaining lot(s), tract(s), or parcel(s) shall each be given a distinct number and shall be part of the preliminary plat and thereafter referenced.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. Preliminary plats, final plats, and development plats shall be approved if, following review by City staff, it is determined that the plat meets all applicable regulations. The staff report may include "standard conditions" that serve as a checklist of ordinary regulatory requirements, but which are not corrections or changes necessary to conform to applicable regulations.

1.

If a plat is submitted to the Planning Commission with only the "standard conditions" in the staff report and no other conditions are required, then the plat will be considered to meet all applicable regulations, approval will be recommended, and the item may be placed on a consent agenda of the Planning Commission.

2.

If a plat does not meet all applicable regulations, the plat will be denied, except that readily verifiable conditions may be attached to preliminary approval, the satisfaction of which becomes a prerequisite for final approval.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. Final plats and final development plats are approved as provided in Section 13.502, Approval Criteria for Plats. When a preliminary plat is required, the Planning Commission must also determine that the final plat is consistent with the approved preliminary plat, including satisfaction of any conditions of preliminary approval.

B.

Procedure. Final plats are processed as Planning Commission decisions according to the general procedures set out in Division 13.300, Standardized Development Approval Procedures.

C.

Decision. The Planning Commission shall approve or deny a final plat or final development plat.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. The Development Services Director is authorized to approve minor plats if the application complies with the standards set forth in Texas Local Government Code subsection 13.504.D, below. The Development Services Director, at his or her sole discretion, may also refer any application for a minor plat to the Planning Commission for review and decision.

B.

Applicability. Administrative plat approval shall be allowed based on the following criteria:

1.

There will be no more than four lots in the subdivision;

2.

All lots will front on an existing street;

3.

The subdivision does not require the creation of any new street;

4.

All lots will be served by existing municipal facilities (water, sewer, drainage, etc.); and

5.

Combining no more than four (4) contiguous tracts for the purpose of creating less lots/density in a subdivision.

C.

Process. The Development Services Director shall receive the application and either approves it or schedules it for Planning Commission review and decision within 30 days of being submitted. The 30 day period may be extended, for a period not to exceed 30 additional days, at the written request of the applicant. The Development Services Director is not authorized to deny a minor plat.

D.

Standards for Approval. The Development Services Director shall approve a minor plat application if it meets all of the following criteria:

1.

The minor plat will be consistent with any applicable goals, objectives and policies of the City of Galveston 2011 Comprehensive Plan and any adopted neighborhood or special area plans; and

2.

The minor plat complies with the applicable requirements of these regulations.

E.

Required Referral. The Development Services Director shall not deny a minor plat. If the Development Services Director does not approve the plat, they shall place the plat on the agenda of the Planning Commission so that it may be considered within 30 days of it being determined complete per Section 13.304, Application Completeness Review.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 19-043, § 2, 8-22-19)

Site plan approval is required prior to the issuance of a building permit for the construction, erection, or alteration of a structure or building in any zoning district where these regulations specify such approval.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. In accordance with the authorization to delegate approval responsibility pursuant to Texas Local Government Code Section 212.0063, an amending plat involving minor changes to an already approved plat may be approved by the Development Services Director to supersede the approved plat without requiring its vacation. The reasons for such approvals are established by Texas Local Government Code Section 212.016, and are set forth in subsection C, below.

B.

Process. Applications for minor plat amendments shall be submitted on a form approved by the Development Services Director. Such applications shall be processed administratively. Notice, a hearing, and the approval of other lot owners are not required for the approval and issuance of an amending plat.

C.

Applicability. The Development Services Director shall approve an amending plat if it implements any of the following purposes and, if standards or limitations are provided, complies with said standards or limitations:

1.

To correct an error in a course or distance shown on the preceding plat;

2.

To add a course or distance that was omitted on the preceding plat;

3.

To correct an error in a real property description shown on the preceding plat;

4.

To indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor responsible for setting monuments;

5.

To show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat;

6.

To correct any other type of scrivener or clerical error or omission on a plat previously approved by the Planning Commission including lot numbers, acreage, street names, and identification of adjacent recorded plats;

7.

To correct an error in courses and distances of lot lines between two adjacent lots if:

a.

Both lot owners join in the application for amending the plat;

b.

Neither lot is abolished;

c.

The amendment does not attempt to remove recorded covenants or restrictions; and

d.

The amendment does not have a material adverse effect on the property rights of the other owners in the plat.

8.

To relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement.

9.

To relocate one or more lot lines between one or more adjacent lots if:

a.

The owners of all those lots join in the application for amending the plat;

b.

The amendment does not attempt to remove recorded covenants or restrictions; and

c.

The amendment does not increase the number of lots.

10.

To make necessary changes to the preceding plat to create six or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if the changes:

a.

Do not affect applicable zoning and other regulations of the City;

b.

Do not attempt to amend or remove any covenants, conditions or restrictions; and

c.

Affect an area that approved by the Planning Commission as a residential improvement area.

11.

To replat one or more lots fronting on an existing street if:

a.

The owners of all those lots join in the application for amending the plat;

b.

The amendment does not attempt to remove recorded covenants or restrictions;

c.

The amendment does not increase the number of lots; and

d.

The amendment does not create or require the creation of a new street or make necessary the extension of City facilities.

D.

Referral. The Development Services Director shall not deny an application for a minor amending plat. If the Development Services Director does not approve the proposed amending plat it shall be referred to the Planning Commission.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. The owners of the tract covered by a plat may vacate the plat at any time before any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat.

B.

Restrictions. If lots in the plat have been sold, the plat, or any part of the plat may be vacated on the application of all the owners of lots in the plat with approval obtained in the manner prescribed for the original plat.

C.

Annotation. Pursuant to Texas Local Government Code Section 212.013, the County Clerk shall write legibly on the vacated plat the word "Vacated" and shall enter on the plat a reference to the volume and page at which the vacating instrument is recorded.

D.

Effect of Vacation. On the execution and recording of the vacating instrument, the vacated plat has no effect.

(Ord. No. 18-037, § 2, 6-21-18)

Replats may be allowed without prior vacation of the existing plat according to the applicable standards of Texas Local Government Code Section 212.0143.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. The boundaries of any zoning district in the City may be changed or the zone classification of any parcel of land may be changed as provided in this Section.

B.

Initiation of Rezoning.

1.

A zoning map or classification amendment may be initiated by the owner of the property to be amended or their authorized agent, the City Council, the Planning Commission, or by the Development Services Director. The Landmark Commission may initiate a zoning map amendment to designate a GL, HZD, or NCD. Rezoning applications by property owners and their agents shall be submitted on a form approved by the Development Services Director.

2.

The Development Services Director may require the submission of such other information as may be necessary to permit the informed exercise of judgment under the criteria for the review of a rezoning application. Such information shall be related to the scale, location, and impacts of the rezoning application and may include, by way of illustration and not limitation, analysis of the capacity of the land to support development (e.g., soil characteristics and hydrology) or the additional impacts (or reduction in impacts) that may be created by changing the district designation, in terms of:

a.

Traffic (trip generation);

b.

Drainage;

c.

Visual, aesthetic and land use adjacency impacts;

d.

Water and wastewater use and availability; and

e.

Other information determined by the City as necessary to make an informed analysis and decision.

For a zoning map amendment application to be considered complete for the R-0 Single Family Residential District, the application must include:

a.

75 percent of the dwellings in the proposed zoning area must be single-family owner occupied structures;

b.

75 percent of the property owners shall initiate a petition to rezone to R-0;

c.

Commercial uses and short term rentals prohibited;

d.

The petition shall identify the streets, street blocks, and boundary subject to the rezoning;

e.

The neighborhood must be similar in design and character; and

f.

Dangerous and dilapidated structures as defined in the Municipal Code must not be present within the proposed boundary of the R-0 district.

C.

Criteria for Approval. The Planning Commission may recommend approval and City Council may grant the approval of a rezoning request if it is demonstrated that:

1.

The proposed zoning is preferable to the existing zoning in terms of its likelihood of advancing the goals, objectives, and policies of the City of Galveston 2011 Comprehensive Plan and other adopted neighborhood plans, special area plans, redevelopment plans, or other plans applicable to the area;

2.

The proposed zoning is consistent with the future land use map of the City of Galveston 2011 Comprehensive Plan (a future land use map amendment may be processed concurrently with the rezoning);

3.

The proposed change is consistent with the implementation of existing or pending plans for providing streets, water and wastewater, other utilities, and the delivery of public services to the area in which the parcel proposed for rezoning is located;

4.

The range of uses and the character of development that is allowed by the proposed zone will be compatible with the properties in the immediate vicinity of the parcel proposed for rezoning, and the parcel proposed for rezoning has sufficient dimensions to accommodate reasonable development that complies with the requirements of these Regulations including parking and buffering requirements; and

5.

The pace of development and/or the amount of vacant land currently zoned for comparable development in the vicinity suggests a need for the proposed rezoning in order to ensure an appropriate inventory of land to maintain a competitive land market that promotes economic development.

D.

Procedures. Applications for a zoning map or classification amendment are processed according to the sequential steps set out in Section 13.302, Pre-Application Conference, 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 applications within historic districts) pursuant to the public hearing provisions of Section 13.309, Public Meetings and Public Hearings. All involved bodies shall hold public hearings. The procedure shall incorporate the following additional requirements, which supersede any conflicting provisions in Division 13.300, Standardized Development Approval Procedures:

1.

At any time during or after application completeness review, if the Development Services Director requires additional information pursuant to subsection 13.601.B.2 above, the Development Services Director may retain the application and notify the applicant regarding the specific information requested.

2.

The applicant shall provide the additional information within 30 days of the date of the request from the Development Services Director. If the materials are not submitted within said time period, the application shall lapse.

3.

The Planning Commission shall make a preliminary report and hold a public hearing on the proposed rezoning before making a final report to the City Council. The Planning Commission may defer its report for no longer than its next meeting to have an opportunity to consider revisions to the submittal that are requested from or volunteered by an applicant, which may have a direct bearing on the proposed rezoning.

4.

The Development Services Director shall forward the final report from the Planning Commission to the City Council with a recommendation.

E.

Decision.

1.

After receiving the final report of the Planning Commission, the City Council shall hold a public hearing on the proposed rezoning and, at the close of the hearing shall, based upon the recommendations of the Development Services Director and/or Planning Commission:

a.

Approve the rezoning by ordinance;

b.

Approve the rezoning by ordinance with modifications;

c.

Deny the rezoning; or

d.

Refer the proposed rezoning back to the Planning Commission, to the Development Services Director, to a committee of the City Council, or to an ad hoc committee for further consideration and recommendation.

2.

The City Council shall support its decision with written findings of fact regarding the approval criteria in Section 13.601, Procedures for Map Amendments.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Purposes. Map amendment proposals shall serve the following purposes:

1.

Securing adequate light, air, convenience of access and safety from fire, flood, and other danger;

2.

Lessening or avoiding congestion in public ways;

3.

Promoting the public health, safety, comfort, morals, convenience, and general welfare; and

4.

Otherwise accomplishing the purposes of Texas Local Government Code Chapter 211, Municipal Zoning Authority.

B.

Considerations. In preparing and considering proposals for map amendments, the Planning Commission and the City Council shall pay reasonable regard to:

1.

The City of Galveston 2011 Comprehensive Plan and any adopted neighborhood or special area plans;

2.

Current conditions and the character of current structures and uses in each district;

3.

The most desirable use for which the land in each district is adapted;

4.

The conservation of property values throughout the jurisdiction; and

5.

Responsible development and growth.

(Ord. No. 18-037, § 2, 6-21-18)

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)

A.

Purposes. Text amendment proposals shall serve the following purposes:

1.

Advancing the goals, objectives, and policies of the City of Galveston 2011 Comprehensive Plan and other adopted special-area and special-topic plans;

2.

Securing adequate light, air, convenience of access, and safety from fire, flood, and other danger;

3.

Lessening or avoiding congestion in public ways;

4.

Promoting the public health, safety, comfort, morals, convenience and general welfare; and

5.

Otherwise accomplishing the purposes of Texas Local Government Code Chapter 211, Municipal Zoning Authority.

B.

Considerations. In preparing and considering proposals for text amendments, the Planning Commission and the City Council shall pay reasonable regard to:

1.

The City of Galveston 2011 Comprehensive Plan and related plans;

2.

Current conditions and the character of current uses and structures in each district;

3.

The most desirable use for which the land in each district is adapted;

4.

The conservation of property values throughout the jurisdiction; and

5.

Responsible development and growth.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. Protests are a way for nearby landowners to object officially to a rezoning of a parcel proposed for development or to a proposed amendment to the text of these Regulations.

B.

Effect of Protest. If a protest is filed according to the requirements of this Section, a rezoning shall not be granted for a parcel that is the subject of a protest nor shall a protested text amendment be approved without a favorable vote of three-fourths of all the members of City Council.

C.

Requirements for Protests. Protests are initiated by way of a petition, which shall include:

1.

The signatures of the owners of:

a.

20 percent of the land within such area that would be directly affected by the proposed rezoning or amendment; or

b.

20 percent or more of the area of the lots immediately abutting either side of the territory included in such proposed change, or separated therefrom only by an alley or street.

2.

A list, map, or index of the lot and block number, subdivision name, or description of each signer's property along with the street address.

D.

Timing of Protest. Protest petitions shall be filed with the Development Services Director not less than one week before the City Council's public hearing on the requested amendment to the text of these Regulations or the proposed rezoning.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. Administrative appeals are processed according to the provisions of this Section.

B.

Appellate Bodies Designated.

1.

Appeals from final decisions of City staff are heard by the Zoning Board of Adjustment, except that appeals from decisions of City staff related to subdivision regulation are heard by the Planning Commission.

2.

Appeals from final decisions of the Landmark Commission are heard by the Zoning Board of Adjustment.

3.

Appeals from final decisions of the City Council, the Planning Commission with respect to subdivision matters, and the Zoning Board of Adjustment with respect to appeals from City staff decisions or from Landmark Commission decisions are heard by a court of competent jurisdiction.

C.

Initiation and Timing of Appeal.

1.

Appeals to the body specified in subsection B, above, may be made by filing a notice of appeal with the Development Services Director or with the Historic Preservation Officer for appeals of Landmark Commission decisions.

a.

For administrative decisions not related to a specific application, address, or project, the following persons may appeal:

A.

A person aggrieved by the decision; or

B.

Any officer, department, board, or bureau of the municipality affected by the decision.

b.

For administrative decision related to a specific application, address, or project, the following persons may appeal:

A.

The applicant;

B.

The property owner or representative of the owner;

C.

A person aggrieved by the decision and is the owner of real property within 200 feet of the property that is subject of the decision; or

D.

Any officer, department, board, or bureau of the City affected by the decision.

The notice of appeal must be filed not more than 20 days from the date of the final decision. The right of appeal terminates if the notice of appeal is not filed in this time period.

2.

The notice of appeal shall specify the decision appealed from and the basis for the appeal, which shall include the specific sections of these Regulations that are alleged to have been overlooked or applied in error, and in what specific way this has affected or will affect the aggrieved party who initiated the appeal. Such statement of the basis of the appeal shall provide sufficient detail to put the City on notice with respect to the matters to be raised.

D.

Process. Appeals shall be processed by the body specified in subsection B., above, according to the general procedures set out in Division 13.300, Standardized Development Approval Procedures, except that:

1.

Staff shall provide a report describing the nature of the decision and the notice of appeal; and

2.

No recommendations are required from boards or commissions other than the decision-maker.

E.

Hearings and Sworn Testimony. A public hearing shall be held on the appeal not later than 60 days from the date the appeal is filed. Testimony at the public hearing shall be sworn.

F.

Decision. In exercising the power to decide an appeal, the decision-maker may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and make such order, requirement, decision, or determination as ought to be made and to that end shall have all the powers of the officer or body from whom the appeal is taken. With respect to decisions of the Zoning Board of Adjustment, the concurring vote of 73 percent of the members of the board is necessary to reverse an order, requirement, decision, or determination of a City staff member.

G.

The Zoning Board of Adjustment on appeal shall decide an appeal of a determination of whether preexisting regulations apply to an application, approval, or permit, a determination that an application, approval, or permit has expired or an application, approval, or permit is dormant based upon the following factors:

1.

Whether the City received fair notice of the project and the nature of the permit sought;

2.

Whether the nature and scope of the project prevents the City from applying one or more current regulations to the proposed or pending applications;

3.

Whether any prior approved applications for the property have expired or have been terminated in accordance with law;

4.

Whether any statutory exception to a right asserted pursuant to Texas Local Government Code Chapter 243 is applicable to one or more current regulations;

5.

Whether any exemption from one or more regulations under these Land Development Regulations or other ordinances is applicable to the project; and

6.

Whether the project is dormant.

H.

Binding determination. If an appeal is taken to the Board of Adjustment, their decision shall be so filed with the City as related to the project and the determination shall be considered binding upon the City and the applicant for the life of the project. The Zoning Board of Adjustment's decision on appeal shall be filed in the office of the Director of Development Services.

I.

Judicial Review. Should the applicant or City be aggrieved by or dissatisfied with the decision of the Zoning Board of Adjustment, the applicant or City may pursue all legal remedies to appeal the decision to a court of competent jurisdiction pursuant to Texas Local Government Code, Chapter 211.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 19-043, § 2, 8-22-19)

A.

Generally. Any person may request an administrative interpretation of the terms, provisions, or requirements of these regulations if the application of the terms, provisions, or requirements is not obvious.

B.

Applicability. This Section applies to any request to interpret a provision of these Regulations.

C.

Application Fee.

1.

It is the intent of the City Council that these regulations be accessible and clear to the residents, business owners and landowners in the City, and that the spirit of Texas Local Government Code Chapter 552, Public Information, be observed. As such, City staff will provide:

a.

General information to residents, business owners, and landowners with respect to the zoning districts that apply to property;

b.

References to the standards that may be applied to individual uses or buildings; and

c.

Requested public records that are related to the administration and enforcement of these regulations.

2.

It is not the intent of the City Council that the Development Services Director affirmatively evaluates the full development potential of individual properties or resolves other such detailed inquiries about specific properties or issues without a pending application.

3.

Within these guidelines, the Development Services Director is authorized to waive the application fee for specific inquiries that do not involve material time commitments or copying costs and to charge an hourly research fee for broad inquiries that are likely to involve material time commitments. Such fee shall be according to a fee schedule promulgated by City Council resolution.

D.

Process. The interpretation is made by the Development Services Director or other City staff member charged with administering the provision for which an interpretation is requested. The responsible City staff member and the City are not obligated to render an interpretation. The interpretation is not subject to appeal, although related appeals may proceed as provided in these Regulations (e.g., appeals of decisions on applications that may be impacted by the interpretation). After an interpretation is issued, the Development Services Director may propose a text amendment to these Regulations to codify the interpretation.

E.

Application Requirements.

1.

Applications for interpretations shall be submitted on a form approved by the Development Services Director.

2.

The applicant shall cite the specific provision for which interpretation is sought, a description of a hypothetical situation or scenario to which the application of these regulations is in question, and a statement of the nature of the interpretation sought.

F.

Decision. Within 10 business days after the application for an interpretation is filed, the Development Services Director shall make a good faith effort to interpret the provision that is the subject of the application. The response to the interpretation request may require more time if additional information is needed or input from others is pending. The response to the applicant shall be in writing, and the Development Services Director shall keep a copy of the response in a record of interpretations.

G.

Standards for Interpretations. The interpretation shall be based on:

1.

The materials or scenario posed by the applicant;

2.

The plain and ordinary meaning of the terms that are subject to the application for an interpretation as set out in Webster's Third New International Dictionary or other current and authoritative dictionaries;

3.

The purpose statement for the Section of these regulations that is the subject of interpretation;

4.

Any other provision of the City of Galveston 2011 Comprehensive Plan, the City of Galveston Code of Ordinances, state law or federal law that are related to the same subject matter;

5.

Any technical meanings of the words used in the provision subject to interpretation;

6.

Other interpretations rendered by the City relating to the same or related provisions of these regulations;

7.

The consequences of the interpretation;

8.

The legislative history;

9.

The problem or issue that is addressed by the provision subject to interpretation; and

10.

Sources outside of the regulatory provision that provide a related source for the definition, such as technical or professional literature.

H.

No Legal Advice. The City does not provide legal advice to applicants or property owners. Private parties, including purchasers, lenders, title insurers, and others are advised to seek legal opinions from their attorneys with respect to specific potential applications of these Regulations. No interpretation provided by City staff pursuant to this Section shall be construed as legal advice.

I.

No Binding Effect. It is the policy of the City to evaluate applications for development approval comprehensively on their individual merits. Therefore, interpretations may be persuasive to the applicable development review bodies, but they are not binding on the City.

J.

Recordkeeping. The Development Services Director shall keep records of interpretations made pursuant to this Section.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Generally. Fees for the administration of these regulations shall be established as provided in table 13.1101, below.

B.

Authority. The City Council shall, from time to time, establish fees by resolution for the processing and review of the various applications that are required by these Regulations. The fees shall be reasonable but shall not exceed the actual costs to review the applications while also providing for monitoring of compliance for permits that require periodic renewal and developments approved subject to conditions. The City Council may provide for a flat fee plus require the reimbursement of extraordinary costs to the City that are necessitated by an application, such as fees for expert technical review or advice from consultants or fees for legal review.

C.

Relationship to Application. No application shall be eligible to be determined complete until all application fees are paid in full including escrow fees.

(Ord. No. 18-037, § 2, 6-21-18; Ord. No. 25-009, § 2, 3-27-25)