(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, as the case may be, 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)
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.
For the purpose of promoting health, safety, morals or the general
welfare of the community, the Council is hereby empowered to regulate
and restrict the height, number of stories and size of buildings and
other structures, the percentage of lot that may be occupied, the
size of yards, courts and other open spaces, the density of population,
and the location and use of buildings, structures and land for trade,
industry, residence or other purposes.
Such regulations shall be made in accordance with the Comprehensive
Plan and be designed to lessen congestion in the streets; to secure
safety from fire, panic and other dangers; to promote health or the
general welfare.
The City shall have all authority in matters of zoning which
are conferred by the statutes of the State of Texas and various legislative
acts supplementary to or amendatory thereof.
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.
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)