(A) There
shall be a Plan Commission composed of nine (9) commissioners who
reside in the City of Garland. Eight (8) of the commissioners shall
reside in the eight (8) Council districts, respectively, while one
(1) commissioner may reside anywhere within the corporate limits of
the City. Eight of the commissioners shall each be respectively nominated
by the Councilmember from the district in which that commissioner
resides, and the at-large commissioner shall be nominated by the Mayor.
All nominations shall be subject to and continue until confirmation
by a majority vote of the Council.
(B) None
of such commissioners shall hold any other public office or position
in the City while serving on the Plan Commission.
(C) The
Plan Commission shall elect its chairman from among its members. Five
of the commissioners shall constitute a quorum. The commissioners
shall adopt such rules and regulations as they deem best governing
actions, proceedings, deliberations, and time and place for meetings.
(D) A commissioner
shall serve a term beginning with the date appointed and qualified
by the Council and ending when the member of the Council who nominated
that commissioner leaves office. The term for the at-large commissioner
shall likewise correspond to the term or service in office of the
Mayor.
(E) If a
vacancy occurs upon the Plan Commission, the Councilmember from the
affected district, or the Mayor, in the case of the at-large member,
shall nominate a commissioner, subject to confirmation by a majority
vote of the Council, to fill the unexpired term.
(F) Each
commissioner shall have been a resident in that commissioner’s
respective district for a period of at least one (1) year prior to
appointment and shall consecutively so reside during the commissioner’s
term. The at-large commissioner shall have been a resident of the
City for at least one (1) year prior to appointment and shall consecutively
so reside during that commissioner’s term.
(G) At the
beginning of each commission term, the Plan Commission shall determine
its own rules and order of business by a majority vote of five (5)
of the commission. These rules may be amended as required at any time
during the term by a majority vote of five (5) of the commission.
(Ordinance 5807 adopted 2/17/04; Ordinance 6991, prop. Z, adopted 5/15/18; Ordinance 7529 adopted 5/14/2024)
The commission shall have power and shall be required to:
(1) Exercise
all the authority and control and have the duties conferred by law
relating to platting;
(2) Recommend
or disapprove proposed changes in the Zoning Plan and Ordinance of
the City of Garland and have all the powers and duties conferred by
law and in particular the duties and authorities of a Zoning Commission
as provided in the Acts of 1927, 40th Legislature of the State of
Texas, Chapter 283;
(3) Promote
public interest in and understanding of the planning, zoning, clearance
of blighted areas and development of the City;
(4) Hold
public hearings for and advise the Council on such matters as the
Council may request its advice and on such matters as it may think
desirable in the public interest;
(5) Recommend
improvement programs after consultation with the Council as to the
need of such improvements.
Except to the extent it is precluded by statutes of the State
of Texas from doing so, the Council may thereafter adopt any plans,
projects or methods recommended by the City Plan Commission or any
other plans, projects or methods the Council may deem most advisable;
provided, however, that any public improvement undertaken hereunder,
or otherwise, by the Council shall not be deemed invalid because the
City Plan Commission has not been consulted or has not furnished any
advice thereon, or because the Council has failed to submit its plans
thereon for consideration by said City Plan Commission.
The City shall have all authority and power in matters of zoning
the City of Garland and to pass any necessary ordinance, rule, or
regulation to enforce those powers, including all matters conferred
by the statutes of the State of Texas and various legislative acts
supplementary to or amendatory thereof. Any regulations of the City
passed under this authority, including but not limited to the Garland
Development Code, as amended, shall be made in accordance with the
authority and powers referenced herein.
(Ordinance 7529 adopted 5/14/2024)
The City shall have power to prohibit the erection, construction
or use of any building or structure of any kind within the City without
a permit first having been issued by the City for the construction
or erection of such building or structure, and without a use and occupancy
certificate having been issued for the use actually made of such premises
and structure and may authorize a fee to be charged for such permit.
In pursuance of said authority, the Council may authorize the inspection
of all buildings and structures during the progress of their construction
or thereafter and may require all buildings to be constructed in conformity
with the building regulations existing in the City or which shall
hereafter be passed.
For the purpose of preserving property values, protecting the
public health, preventing the blighting of areas within the City,
promoting safety and promoting the public welfare, the Council may
fix a minimum standard for the construction and use of housing accommodations
and other structures within this City and prohibit the construction,
erection and use of substandard housing and other substandard structures.
The City Council shall appoint a Board of Adjustment with powers
and duties conferred by the statues and legislative acts of the State
of Texas.
The City Plan Commission shall have control of the platting
or subdivision of land within the City and in relation thereto shall
have all of the power and authority conferred by the Acts of 1927,
40th Legislature, Chapter 231, as amended by the Acts of 1949, 51st
Legislature, Chapter 154 and Article 6626 Revised Statutes of Texas
1925, as amended. The City Council may delegate approval of certain
plats to the Planning Director, as allowed within Chapter 212 of the
Texas Local Government Code. Any plat conditionally approved or disapproved
by the Planning Director would be appealable to the Plan Commission
for reconsideration.
(Ordinance 7529 adopted 5/14/2024)
In exercising the powers granted to it by Section
7 of this article, the City Plan Commission may adopt regulations governing the subdivision of land within its jurisdiction. Such regulations may provide for the harmonious development of the City and its environs, for the coordination of streets and other ways within the subdivision land with other existing or planned streets and ways or for conformance to the official map, for adequate open spaces, for spaces for traffic, utilities, recreations, light and air, and for the avoidance of congestion of population. Such regulations may include requirements and the extent to which and the manner in which streets and other ways shall be graded and improved and water, sewer and other utility mains, piping, connections or other facilities shall be installed as a condition precedent to the approval of a subdivision.
The regulations of the Plan Commission may provide for a tentative
approval of the plat prior to such improvements and installation;
but any such tentative approval shall not be entered on the plat.
In lieu of the completion of such work prior to the final approval
of a plat, the City Plan Commission may accept a bond, in an amount
and with surety satisfactory to the City Manager, providing and securing
to the City the actual construction and installation of such improvements
and utilities within a period specified by the City Plan Commission.
The Council may by ordinance adopt an official map of the City,
on which shall be shown and indicated all public streets existing
and established by law.
A person must be a resident of the City for a period of not
less than one (1) year prior to his or her appointment to be eligible
to serve on a board or commission for the City of Garland.
(Ordinance 6991, prop. AA, adopted 5/15/18)