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A BILL TO BE ENTITLED
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AN ACT
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relating to municipal board of adjustment zoning variances based on |
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unnecessary hardship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 211.009, Local Government Code, is |
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amended by adding Subsection (b-1) to read as follows: |
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(b-1) In exercising its authority under Subsection (a)(3), |
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the board may consider the following as grounds to determine |
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whether compliance with the ordinance as applied to a structure |
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that is the subject of the appeal would result in unnecessary |
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hardship: |
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(1) the financial cost of compliance is greater than |
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50 percent of the appraised value of the structure as shown on the |
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most recent appraisal roll certified to the assessor for the |
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municipality under Section 26.01, Tax Code; |
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(2) compliance would result in a loss to the lot on |
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which the structure is located of at least 25 percent of the area on |
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which development may physically occur; |
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(3) compliance would result in the structure not being |
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in compliance with a requirement of a municipal ordinance, building |
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code, or other requirement; |
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(4) compliance would result in the unreasonable |
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encroachment on an adjacent property or easement; or |
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(5) the municipality considers the structure to be a |
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nonconforming structure. |
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SECTION 2. Section 211.009(b-1), Local Government Code, as |
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added by this Act, applies only to an appeal filed with a municipal |
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board of adjustment on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |