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.