By: Zaffirini S.B. No. 1411 A BILL TO BE ENTITLED AN ACT 1-1 relating to zoning around certain sites in Kinney County; providing 1-2 penalties. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 231, Local Government Code, is amended by 1-5 adding Subchapter J to read as follows: 1-6 SUBCHAPTER J. ZONING AROUND CERTAIN SITES IN KINNEY COUNTY 1-7 Sec. 231.201. LEGISLATIVE FINDINGS; PURPOSE. (a) The 1-8 legislature finds that: 1-9 (1) the areas and sites and the adjoining and 1-10 associated lands and environment of Fort Clark, Alamo Village, 1-11 Kickapoo State Park, and the Seminole Indian Cemetery are or will 1-12 be frequented for recreational purposes by residents from every 1-13 part of the state; 1-14 (2) orderly and compatible development and use of 1-15 these areas is of concern to the entire state; 1-16 (3) the protection of the scenic character of the area 1-17 so as to be of continuing value to the moviemaking industry is of 1-18 concern to the entire state; and 1-19 (4) buildings in the area, existing and future, that 1-20 will be frequented for resort, tourism, or recreational purposes 1-21 will tend to become congested and to be used in ways that interfere 1-22 with and that are incompatible with the proper use of the area as a 1-23 place of recreation, tourism, or visitation to the detriment of the 2-1 public health, safety, morals, and general welfare. 2-2 (b) The powers granted under this subchapter are for the 2-3 purpose of promoting the public health, safety, peace, morals, and 2-4 general welfare and encouraging recreation. 2-5 Sec. 231.202. AREAS SUBJECT TO REGULATION. (a) This 2-6 subchapter applies to: 2-7 (1) those unincorporated parts of Kinney County 2-8 located within 12 miles of the Seminole Indian Cemetery; 2-9 (2) those unincorporated parts of Kinney County 2-10 located within 12 miles of Fort Clark Springs; 2-11 (3) those unincorporated parts of Kinney County 2-12 located within 12 miles of Kickapoo State Park; and 2-13 (4) those unincorporated parts of Kinney County 2-14 located within 12 miles of Alamo Village. 2-15 (b) This subchapter does not apply to: 2-16 (1) that area known as the Seminole Indian Cemetery 2-17 and described in Abstract 1, Dolores Soto Beales, Kinney County, 2-18 Texas; 2-19 (2) those lands known as Fort Clark Springs, being, 2-20 more or less, 2,677.91 acres out of Abstract 491, Survey 234, S. A. 2-21 Maverick, Kinney County, Texas; 2-22 (3) those lands known as Alamo Village, being, more or 2-23 less, 26.13 acres out of Abstract 615, Survey 423, Bexar County 2-24 School Land, Kinney County, Texas; and 2-25 (4) the following described lands known as Kickapoo 3-1 State Park, the deed to which is recorded in Volume A-80, pages 3-2 860-864, Deed Records in Kinney County, Texas: 6,399.36 acres of 3-3 land, more or less, known as the "A.J. Seargeant Ranch" situated in 3-4 Kinney and Edwards Counties, Texas, more particularly described as 3-5 twelve (12) tracts as follows: 3-6 FIRST TRACT: All of Survey 42, G.C. & S.F. Ry. Co., 3-7 Certificate 2379, Block M., containing 640 acres, more or less, and 3-8 lying in Kinney County, Texas; 3-9 SECOND TRACT: 560.4 acres, more or less, out of Survey No. 3-10 49, G.W.T. & P. Ry. Co., Block No. 1, Certificate 1/108, said 560.4 3-11 acres of Survey No. 49, herein conveyed being described by metes 3-12 and bounds as follows: 3-13 BEGINNING at the South West corner of Survey No. 49; 3-14 THENCE North 70 East 1900 varas to its South East corner; 3-15 THENCE North 19 7' West 1900 varas to its North East corner; 3-16 THENCE South 70 West 1167 varas to a fence; 3-17 THENCE with said fence South 22 East 315 varas; 3-18 THENCE South 10 West 160 varas; 3-19 THENCE South 16 West 166 varas; 3-20 THENCE South 32 1/2 West 147 varas; 3-21 THENCE South 72 West 446 varas to the West line of Survey 49; 3-22 THENCE South 19 7' East 1234 varas to the PLACE OF 3-23 BEGINNING, said Survey lying partly in Edwards and partly in Kinney 3-24 County, Texas; 3-25 THIRD TRACT: All of Survey No. 50, G.W.T. & P. Ry. Co., 4-1 Certificate 1/108, Block 1, containing 640 acres of land, more or 4-2 less, lying in Edwards and Kinney Counties, Texas; 4-3 FOURTH TRACT: 609 acres, more or less, out of Survey No. 51, 4-4 G.W.T. & P. Ry. Co., Block 1, Certificate 1/109, the 609 acres out 4-5 of said Survey herein conveyed being described as follows: 4-6 BEGINNING at the South East corner of Survey No. 51; 4-7 THENCE South 70 West 1900 varas to its South West corner; 4-8 THENCE North 19 7' West 1900 varas to its North West corner; 4-9 THENCE North 70 East 1082 varas to a fence; 4-10 THENCE with said fence South 83 East 920 varas to the East 4-11 line of 51; 4-12 THENCE South 19 7' East 1474 varas to the PLACE OF 4-13 BEGINNING; said survey situated in Edwards and Kinney County, 4-14 Texas; 4-15 FIFTH TRACT: 191 acres out of South West part of Survey No. 4-16 52, G.W.T. & P. Ry. Co., Block 1, Certificate 1/109, that portion 4-17 of said Survey 52 hereby conveyed being described as follows: 4-18 BEGINNING at the South West Corner of Survey No. 52 for the 4-19 South West corner of this tract; 4-20 THENCE North 70 East 547 varas to the 4-21 Rocksprings-Brackettville Road; 4-22 THENCE with said Road North 4 East 160 varas; 4-23 THENCE North 21 East 498 varas; 4-24 THENCE North 2 East 418 varas to fence corner; 4-25 THENCE with fence North 83 West 1230 varas to the West line 5-1 of Survey 52; 5-2 THENCE with said West line South 19 7' East 1474 varas to 5-3 the PLACE OF BEGINNING, containing 191 acres of land, more or less, 5-4 situated in Edwards County, Texas; 5-5 SIXTH TRACT: 69.7 acres, more or less, out of West part of 5-6 Survey No. 69, G.W.T. & P. Ry. Co., Block 1, Certificate 1/118, 5-7 that portion of said Survey 69 hereby conveyed being all that part 5-8 of said survey lying West of the Brackettville-Rocksprings Public 5-9 Road, and being all that part of said Survey not heretofore 5-10 conveyed by J. G. Blackman to W. P. Covington, said portion of 69 5-11 partly in Edwards and partly in Kinney County, Texas; 5-12 SEVENTH TRACT: All of Survey No. 70, G.W.T. & P. Ry. Co., 5-13 Block 1, Certificate 1/118, consisting of 640 acres, more or less, 5-14 said Survey 70 partly in Kinney and in Edwards Counties, Texas; 5-15 EIGHTH TRACT: All of Survey No. 71, G.W.T. & P. Ry. Co., 5-16 Block 1, Certificate 1/119, containing 640 acres, more or less, 5-17 lying wholly in Kinney County, Texas; 5-18 NINTH TRACT: All of Survey No. 72, G.W.T. & P. Ry. Co., 5-19 Block 1, Certificate 1/119, containing 640 acres of land, more or 5-20 less, lying and being wholly in Kinney County, Texas; 5-21 TENTH TRACT: All of Survey No. 73, G.W.T. & P. Ry. Co., 5-22 Block 1, Certificate 1/120, containing 640 acres of land, more or 5-23 less, lying wholly in Kinney County, Texas; 5-24 ELEVENTH TRACT: All of Survey No. 74, G.W.T. & P. Ry. Co., 5-25 Block 1, Certificate 1/120, containing 694.7 acres, more or less, 6-1 lying in Kinney County, Texas; 6-2 TWELFTH TRACT: 443 acres, more or less, out of Survey No. 6-3 75, G.W.T. & P. Ry. Co., Block 1, Certificate 1/121, the 443 acres 6-4 of said Survey 75 herein conveyed being all that portion of said 6-5 Survey lying West of Brackettville-Rocksprings Public Road and 6-6 being all that part of said Survey not heretofore conveyed by J. G. 6-7 Blackman to W. P. Covington. 6-8 SAVE AND EXCEPT 1.98 acres of Survey 75 hereinabove 6-9 described; 0.69 acres of Survey 70 hereinabove described; and 0.65 6-10 acres of Survey 69 hereinabove described conveyed to the State of 6-11 Texas by A. J. Seargeant by right-of-way Deed recorded in Vol. 6-12 A-37, Page 240 of the Deed Records of Kinney County, Texas. 6-13 SAVE AND EXCEPT 3.41 acres of Survey 52 hereinabove described 6-14 and 1.71 acres of Survey 69 hereinabove described conveyed to the 6-15 State of Texas by Laura Seargeant by right-of-way Deed recorded in 6-16 Vol. Z, Page 388 of the Deed Records of Edwards County, Texas. 6-17 The above twelve tracts of land being the same land conveyed 6-18 to Albert J. Seargeant by J. G. Blackman, by Deed dated November 1, 6-19 1923, and recorded in Vol. 24, Page 192, Deed Records of Edwards 6-20 County, Texas, and recorded in Vol. A-20, Page 414, Deed Records of 6-21 Kinney County, Texas, to which said Deed and the respective records 6-22 thereof, above stated, each respectively, reference is here made 6-23 for all purposes. 6-24 Sec. 231.203. EXTENT OF REGULATIONS; DISTRICTS. (a) The 6-25 commissioners court order providing for the zoning of a portion of 7-1 Kinney County shall consist of a zoning district map and zoning 7-2 regulations. 7-3 (b) The Commissioners Court of Kinney County, within that 7-4 portion of the county subject to zoning as provided in this 7-5 subchapter, may regulate the following: 7-6 (1) the location and use of buildings, other 7-7 structures, and land for ranching or agricultural, residential, 7-8 business, commercial, industrial, or other purposes; 7-9 (2) the height, number of stories, and size of 7-10 buildings and other structures; 7-11 (3) the density of population expressed in dwelling 7-12 units per acre; 7-13 (4) the required quantity of off-street parking; 7-14 (5) the maximum coverage of land with impervious 7-15 structures or materials; 7-16 (6) the percentage of the area of a lot that may be 7-17 occupied by structures; 7-18 (7) the intensity of development expressed as spacing 7-19 and size of lots and structures, required open space, size of yards 7-20 and courts, and type and size of activity related to traffic 7-21 generation; 7-22 (8) the placement of water pumping, storage, and 7-23 treatment facilities other than for ranching or agricultural 7-24 purposes; and 7-25 (9) the placement of treatment and disposal facilities 8-1 of wastewater and solid waste materials. 8-2 (c) The commissioners court may divide the area in the 8-3 county that is subject to this subchapter into zoning districts of 8-4 a number, shape, size, and type or classification that the court 8-5 considers best for carrying out or implementing this subchapter. 8-6 Within each zoning district, the commissioners court may regulate 8-7 the placement, size, height, and use of buildings and other 8-8 structures and the use of land. The zoning regulations must be 8-9 uniform for each class or kind of building in a district, but the 8-10 regulations may vary from district to district. 8-11 (d) The zoning regulations and the zoning district map shall 8-12 be adopted with reasonable consideration, among other things, for 8-13 the character of the land assigned to each district and its 8-14 suitability for particular uses, with a view of achieving the 8-15 optimum arrangement of the uses of land and distribution of 8-16 population and conserving the value of buildings, quality of the 8-17 environment, and quality of the recreational, historical, scenic, 8-18 and tourist sites, buildings, and facilities throughout the area. 8-19 Sec. 231.204. COUNTY ZONING COMMITTEE. (a) The county 8-20 zoning committee is an ad hoc committee consisting of five persons 8-21 who are residents of Kinney County. 8-22 (b) The committee is responsible for the preparation of the 8-23 comprehensive plan and related policy statements and the proposed 8-24 zoning district map and the zoning regulations. 8-25 (c) The members of the county zoning committee shall be 9-1 appointed by the commissioners court, the method of appointment to 9-2 be determined by the court. One of the five members of the 9-3 committee shall be a member of the commissioners court who shall 9-4 serve ex officio and shall be the chair of the zoning committee. 9-5 The committee may elect a vice-chair from the membership. 9-6 (d) Minutes of all meetings of the zoning committee shall be 9-7 recorded and maintained as permanent records of the county. For 9-8 this purpose, a recording secretary shall be provided to the 9-9 committee by the county. Notices of meeting of the county zoning 9-10 committee shall be given to the members of the commissioners court. 9-11 (e) On the resignation of a member or termination of 9-12 membership for any reason, the commissioners court shall, within 30 9-13 days following the resignation or termination, appoint a 9-14 replacement member. 9-15 (f) If the commissioners court finds evidence that the 9-16 zoning committee has failed to make reasonable progress after a 9-17 start-up period of 90 days or finds at any time that the members 9-18 are unable to cooperate with one another or are incapable of 9-19 producing the desired plan and documents, the commissioners court 9-20 by an affirmative vote of at least four members may terminate and 9-21 discharge the zoning committee. In that event, the commissioners 9-22 court shall appoint new members as prescribed for the original 9-23 appointments. 9-24 (g) The commissioners court may appropriate funds for the 9-25 costs necessary to the functions and responsibilities of the county 10-1 zoning committee and may employ such staff and consultants as are 10-2 determined necessary to assist in accomplishing the duties and 10-3 responsibilities of the committee. 10-4 (h) When the commissioners court adopts and approves a 10-5 county zoning district map and zoning regulations, the county 10-6 zoning committee has completed its duties and responsibilities and 10-7 ceases to exist. 10-8 Sec. 231.205. COMPLIANCE WITH COMPREHENSIVE PLAN. 10-9 (a) Prior to the preparation and adoption of the zoning district 10-10 map and zoning regulations, the commissioners court shall adopt a 10-11 comprehensive plan for the zoned area of the county. 10-12 (b) The comprehensive plan shall consist of, at a minimum, 10-13 the following elements: 10-14 (1) land use; 10-15 (2) population distribution and density; 10-16 (3) flood plain management including constraints on 10-17 land coverage by impervious structures related to accelerated 10-18 run-off and potential flooding; 10-19 (4) major streets and thoroughfares; and 10-20 (5) protection and enhancement of sites and facilities 10-21 of importance to tourism, recreation, and historic preservation. 10-22 (c) Both the comprehensive plan and the zoning regulations 10-23 must be designed to: 10-24 (1) promote the public health, safety, and general 10-25 welfare; 11-1 (2) prevent overcrowding of land; 11-2 (3) avoid undue concentration of population; 11-3 (4) provide adequate light and air; 11-4 (5) lessen congestion in the streets and roads; 11-5 (6) facilitate adequate provision of transportation, 11-6 water, sewers, parks, and other public requirements; 11-7 (7) preserve and enhance the quality of tourist 11-8 attractions, parks, and historical sites and structures by 11-9 preventing the use of land and buildings that may be incompatible 11-10 with and detrimental to such facilities, buildings, and sites for 11-11 the continued enjoyment of the people of the state; and 11-12 (8) assist in developing and making available to the 11-13 public such areas, sites, parks, and playgrounds as will enrich the 11-14 quality of tourism and recreation for the residents of this state 11-15 and other states and nations. 11-16 (d) The commissioners court shall act to adopt the 11-17 comprehensive plan after a public hearing on the plan. Notice of 11-18 the hearing must be published in a newspaper of general circulation 11-19 in the county not less than 15 days prior to the date of the 11-20 hearing. 11-21 Sec. 231.206. PREPARATION, APPROVAL, AND ADOPTION OF THE 11-22 ZONING DISTRICT MAP AND ZONING REGULATIONS. (a) Following 11-23 approval and adoption of the comprehensive plan, the zoning 11-24 committee shall proceed to prepare the proposed zoning district map 11-25 and zoning regulations. The proposed zoning district map and the 12-1 zoning regulations shall be prepared based on and consistent with 12-2 the adopted comprehensive plan. 12-3 (b) When the proposed zoning district map and zoning 12-4 regulations are completed, the zoning committee shall hold one or 12-5 more public hearings on the map and regulations, as determined 12-6 appropriate. Notice of the hearing must be published in a 12-7 newspaper of general circulation in the county not less than 15 12-8 days prior to the date of the hearing. 12-9 (c) When the county zoning committee is satisfied with the 12-10 proposed zoning district map and zoning regulations, it shall 12-11 approve the map and regulations and recommend to the commissioners 12-12 court that they be adopted. The commissioners court shall give not 12-13 less than 15 days prior public notice by publication in a newspaper 12-14 of general circulation in the county of a public hearing to be held 12-15 jointly with the zoning committee for the purpose of considering 12-16 adoption of the zoning district map and zoning regulations. No 12-17 action to adopt shall be taken at the public hearing. Following 12-18 the public hearing, the zoning committee may respond to questions 12-19 or desired changes in the map or regulations requested by the 12-20 commissioners court. The commissioners court may then set a date 12-21 for action to adopt the zoning district map and zoning regulations. 12-22 No further public hearings are required but may be held at the 12-23 discretion of the commissioners court. 12-24 Sec. 231.207. PERMITS, CERTIFICATES, FEES. 12-25 (a) Administration of zoning regulations shall include an 13-1 examination of an applicant's proposed use of land and buildings; 13-2 if the proposed use is found to be in compliance with the zoning 13-3 regulations and zoning district map, the county shall issue a 13-4 permit to use or construct. When the use or construction is 13-5 completed and in place, the applicant shall request an inspection. 13-6 On inspection by an official of the county and a finding that the 13-7 use or construction complies with the terms of the permit issued, 13-8 the county shall issue a certificate of compliance and occupancy to 13-9 the applicant. The county may charge an application fee not to 13-10 exceed $100. 13-11 (b) Any use of premises or construction or use of a 13-12 building, other than for ranching and agricultural purposes, that 13-13 is located within the zoned portion of the county that occurs 13-14 subsequent to the adoption by the county of the zoning district map 13-15 and zoning regulations which does not comply with this procedure 13-16 for permitting and certification described in Subsection (a) of 13-17 this section shall be unlawful. 13-18 Sec. 231.208. AMENDMENTS. (a)(1) The zoning district map 13-19 and the zoning regulations may be amended after adoption at the 13-20 discretion of the commissioners court. 13-21 (2) Amendments to the zoning district map shall be 13-22 made only if: 13-23 (A) the present district classification of the 13-24 land involved was made in error; or 13-25 (B) the circumstances of the immediate physical 14-1 or economic environment of the land involved have changed 14-2 substantially since the time of the designation of the zoning 14-3 district in which the land is located. 14-4 (3) Amendments shall not be made for a specific 14-5 property that provide a monopolistic advantage over other nearby 14-6 properties having similar locational advantages or circumstances of 14-7 situation. 14-8 (4) Amendments may create new boundaries of existing 14-9 districts but not create an isolated and dissimilar new district. 14-10 (b) Any landowner may petition or apply for an amendment to 14-11 the zoning district map involving only land or property owned by 14-12 such petitioner or applicant. The right to petition or apply for 14-13 an amendment to a zoning district classification of property does 14-14 not infer or include a right to a public hearing on the matter. A 14-15 public hearing is required and necessary only on the effecting of 14-16 an amendment. The commissioners court may provide for a 14-17 preliminary review and discussion of applications for amendments to 14-18 the zoning district map and determine whether or not an application 14-19 or petition merits further consideration. If the commissioners 14-20 court determines that a petition or application warrants no further 14-21 consideration, the matter is closed to further action. The 14-22 individual thus aggrieved may appeal the matter in a court of 14-23 competent jurisdiction. If the commissioners court makes a 14-24 determination that the proposed amendment warrants further 14-25 consideration and may possibly have merit, the court shall order a 15-1 public hearing on the petition or application. 15-2 (c) Prior to effecting any amendment, there shall be a 15-3 public hearing on the proposal to amend before the commissioners 15-4 court. Public notice of the public hearing must be published in a 15-5 newspaper of general circulation in the county not less than 15 15-6 days prior to the date of the public hearing. No action to amend 15-7 or not to amend shall take place at the public hearing. There 15-8 shall be a waiting period of not less than one week between the 15-9 date of the public hearing and the date that the commissioners 15-10 court acts to amend or not to amend. 15-11 (d) In the event of a proposed change in the district 15-12 classification of a property or properties as an amendment to the 15-13 zoning district map, the owners of all land included in the 15-14 proposed amendment and located within 500 feet of the property for 15-15 which an amendment is to be considered shall be notified of the 15-16 proposed change by United States mail, certified, return receipt 15-17 requested. The notices shall be posted not less than 15 days prior 15-18 to the date of the public hearing. In the event that the owners of 15-19 20 percent or more of the area of the land within 500 feet of the 15-20 property for which an amendment of the zoning district 15-21 classification is being proposed, or any one or all of the owners 15-22 of the land being considered for a change in zoning district 15-23 classification, file written objections to the proposed amendment 15-24 or change of the district classification, such change and amendment 15-25 to the zoning district map can only be effected by an affirmative 16-1 vote of not less than three-fourths of the members of the 16-2 commissioners court. Written protests must be presented at the 16-3 public hearing and signed by the owners of the affected properties. 16-4 (e) Amendments to the zoning regulations shall be initiated 16-5 only by the commissioners court. Any action to amend shall be 16-6 taken at a regular meeting of the court, the agenda item for which 16-7 shall be a public hearing on the proposed amendment. A public 16-8 notice regarding the proposed amendment must be published in a 16-9 newspaper of general circulation in the county not less than 15 16-10 days prior to the date of the public hearing. 16-11 Sec. 231.209. VARIANCES. The commissioners court may grant, 16-12 on the basis of a demonstrated hardship, variances as apply to 16-13 dimensional requirements of the zoning regulations, but only if the 16-14 applicant for the variance has not caused the hardship. The land 16-15 use regulations shall not be subject to the granting of a variance 16-16 or exception. Changes in permitted uses of land or buildings shall 16-17 only be effected by an amendment to the zoning district map. 16-18 Sec. 231.210. REPEAL; REPLACEMENT. (a) The commissioners 16-19 court may repeal both the zoning regulations and the zoning 16-20 district map and take no further action to replace them, thus 16-21 effecting the termination of any form of zoning in the county. 16-22 Such action may only be taken at a regular meeting of the 16-23 commissioners court which is a public hearing on the proposed 16-24 action. Prior to the public hearing there shall be not less than 16-25 two public notices of the public hearing and the proposal published 17-1 in a newspaper of general circulation in the county. The first 17-2 notice must be published not less than 15 days prior to the date of 17-3 the public hearing, and the second notice must be published between 17-4 three and seven days prior to the date of the public hearing. 17-5 (b) The commissioners court may repeal either the zoning 17-6 regulations or the zoning district map or both, following the 17-7 procedure set forth in Subsection (a) and then replace either or 17-8 both with new or completely revised documents. In this event, the 17-9 procedures prescribed by Sections 231.204, 231.205, and 231.206 17-10 shall be followed. 17-11 Sec. 231.211. RECORD KEEPING. The zoning district map shall 17-12 be maintained up-to-date in the offices of the county clerk. A 17-13 zoning record book shall be maintained in the same office, and the 17-14 record book shall contain a chronological record of all amendments 17-15 made to the district map, all variances and special permits issued 17-16 by the commissioners court, and a record of all applications or 17-17 petitions made for amendments to the district map and the 17-18 disposition of the applications or petitions. 17-19 Sec. 231.212. ENFORCEMENT; PENALTY; REMEDIES. (a) The 17-20 commissioners court may adopt orders to enforce this subchapter, an 17-21 order adopted under this subchapter, or a zoning regulation. 17-22 (b) A person commits an offense if the person violates an 17-23 order adopted under this subchapter or a zoning regulation. An 17-24 offense under this subchapter is a misdemeanor punishable by a fine 17-25 of not less than $500 nor more than $1,000. Each day that a 18-1 violation occurs or continues constitutes a separate offense. 18-2 Trial shall be in district court. 18-3 (c) If a building or other structure is erected, 18-4 constructed, reconstructed, altered, repaired, converted, or 18-5 maintained or if a building, other structure, or land is used in 18-6 violation of an order adopted under this subchapter or a zoning 18-7 regulation, the appropriate county authority, in addition to other 18-8 remedies, may institute appropriate action to: 18-9 (1) prevent the unlawful action or use; 18-10 (2) restrain, correct, or abate the violation; 18-11 (3) prevent the occupancy of the building, other 18-12 structure, or land; or 18-13 (4) prevent any illegal act, conduct, business, or use 18-14 on or about the premises. 18-15 Sec. 231.213. CONFLICT WITH OTHER LAWS. If a zoning 18-16 regulation adopted under this subchapter requires a greater width 18-17 or size of a lot, yard, court, or other open space, requires a 18-18 lower building height or a fewer number of stories for building, 18-19 requires a greater percentage of a lot to be left unoccupied, or 18-20 otherwise imposes higher standards than those required under 18-21 another statute or regulation of a state agency or local order or 18-22 regulation, the regulation adopted under this subchapter controls. 18-23 If the other statute, state regulation, or local order or 18-24 regulation imposes higher standards, that statute, regulation, or 18-25 order controls. 19-1 Sec. 231.214. EXCEPTIONS. (a) This subchapter does not 19-2 authorize the commissioners court to require the removal or 19-3 destruction of a building or the discontinuation of the use of a 19-4 building that exists at the time the court implements this 19-5 subchapter if such use or building does not conform to the 19-6 regulations of the zoning district in which the property is then 19-7 located. 19-8 (b) The storage, placement, or parking of scrap, used, or 19-9 junk vehicles, machinery, or other types of material or items that 19-10 are not within an enclosed structure or building, including 19-11 semi-sheltered flea-market-type activities, that by reason of the 19-12 implementation of this subchapter become nonconforming with the 19-13 regulations of the zoning district in which then located may be 19-14 required by the commissioners court to be removed, the property 19-15 cleared, and the act or activity terminated within two years of the 19-16 date of service to the owner and/or occupant of a notice to this 19-17 effect as ordered by the commissioners court. 19-18 (c) This subchapter does not authorize the commissioners 19-19 court to regulate or restrict the right of a landowner, a person 19-20 acting in the landowner's behalf, or a tenant or lessee of land to 19-21 construct improvements for agriculture and ranching operations or 19-22 to otherwise use the land for agriculture or ranching, including 19-23 range and wildlife management. Commercial feed lots, commercial 19-24 livestock loading and receiving facilities, commercial livestock 19-25 and produce processing facilities, commercial disposal of solid or 20-1 liquid waste material of any type, and the commercial quarrying or 20-2 extraction of sand, gravel, caliche, or stone shall not be 20-3 considered agricultural or ranching operations and may be regulated 20-4 by the commissioners court as necessary to protect the public 20-5 health, safety, peace, morals, and general welfare from the dangers 20-6 of explosion, flooding, vermin, insects, physical injury, 20-7 contagious disease, contamination of water supplies, radiation, 20-8 storage of toxic materials, or other hazards. 20-9 (d) This subchapter, an order adopted under this subchapter, 20-10 or a zoning regulation does not apply to the location, 20-11 construction, maintenance, or use of any buildings, structures, or 20-12 equipment used in providing telephone service to the public. 20-13 SECTION 2. The importance of this legislation and the 20-14 crowded condition of the calendars in both houses create an 20-15 emergency and an imperative public necessity that the 20-16 constitutional rule requiring bills to be read on three several 20-17 days in each house be suspended, and this rule is hereby suspended, 20-18 and that this Act take effect and be in force from and after its 20-19 passage, and it is so enacted.