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. This subchapter 2-6 applies to: 2-7 (1) those unincorporated parts of Kinney County 2-8 located within three 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 10 miles of Kickapoo State Park; and 2-13 (4) those unincorporated parts of Kinney County 2-14 located within 10 miles of Alamo Village. 2-15 Sec. 231.203. EXTENT OF REGULATIONS; DISTRICTS. (a) The 2-16 commissioners court order providing for the zoning of a portion of 2-17 Kinney County shall consist of a zoning district map and zoning 2-18 regulations. 2-19 (b) The Commissioners Court of Kinney County, within that 2-20 portion of the county subject to zoning as provided in this 2-21 subchapter, may regulate the following: 2-22 (1) the location and use of buildings, other 2-23 structures, and land for ranching or agricultural, residential, 2-24 business, commercial, industrial, or other purposes; 2-25 (2) the height, number of stories, and size of 3-1 buildings and other structures; 3-2 (3) the density of population expressed in dwelling 3-3 units per acre; 3-4 (4) the required quantity of off-street parking; 3-5 (5) the maximum coverage of land with impervious 3-6 structures or materials; 3-7 (6) the percentage of the area of a lot that may be 3-8 occupied by structures; 3-9 (7) the intensity of development expressed as spacing 3-10 and size of lots and structures, required open space, size of yards 3-11 and courts, and type and size of activity related to traffic 3-12 generation; 3-13 (8) the placement of water pumping, storage, and 3-14 treatment facilities other than for ranching or agricultural 3-15 purposes; and 3-16 (9) the placement of treatment and disposal facilities 3-17 of wastewater and solid waste materials. 3-18 (c) The commissioners court may divide the area in the 3-19 county that is subject to this subchapter into zoning districts of 3-20 a number, shape, size, and type or classification that the court 3-21 considers best for carrying out or implementing this subchapter. 3-22 Within each zoning district, the commissioners court may regulate 3-23 the placement, size, height, and use of buildings and other 3-24 structures and the use of land. The zoning regulations must be 3-25 uniform for each class or kind of building in a district, but the 4-1 regulations may vary from district to district. 4-2 (d) The zoning regulations and the zoning district map shall 4-3 be adopted with reasonable consideration, among other things, for 4-4 the character of the land assigned to each district and its 4-5 suitability for particular uses, with a view of achieving the 4-6 optimum arrangement of the uses of land and distribution of 4-7 population and conserving the value of buildings, quality of the 4-8 environment, and quality of the recreational, historical, scenic, 4-9 and tourist sites, buildings, and facilities throughout the area. 4-10 Sec. 231.204. COUNTY ZONING COMMITTEE. (a) The county 4-11 zoning committee is an ad hoc committee consisting of five persons 4-12 who are residents of Kinney County. 4-13 (b) The committee is responsible for the preparation of the 4-14 comprehensive plan and related policy statements and the proposed 4-15 zoning district map and the zoning regulations. 4-16 (c) The members of the county zoning committee shall be 4-17 appointed by the commissioners court, the method of appointment to 4-18 be determined by the court. One of the five members of the 4-19 committee shall be a member of the commissioners court who shall 4-20 serve ex officio and shall be the chair of the zoning committee. 4-21 The committee may elect a vice-chair from the membership. 4-22 (d) Minutes of all meetings of the zoning committee shall be 4-23 recorded and maintained as permanent records of the county. For 4-24 this purpose, a recording secretary shall be provided to the 4-25 committee by the county. Notices of meeting of the county zoning 5-1 committee shall be given to the members of the commissioners court. 5-2 (e) On the resignation of a member or termination of 5-3 membership for any reason, the commissioners court shall, within 30 5-4 days following the resignation or termination, appoint a 5-5 replacement member. 5-6 (f) If the commissioners court finds evidence that the 5-7 zoning committee has failed to make reasonable progress after a 5-8 start-up period of 90 days or finds at any time that the members 5-9 are unable to cooperate with one another or are incapable of 5-10 producing the desired plan and documents, the commissioners court 5-11 by an affirmative vote of at least four members may terminate and 5-12 discharge the zoning committee. In that event, the commissioners 5-13 court shall appoint new members as prescribed for the original 5-14 appointments. 5-15 (g) The commissioners court may appropriate funds for the 5-16 costs necessary to the functions and responsibilities of the county 5-17 zoning committee and may employ such staff and consultants as are 5-18 determined necessary to assist in accomplishing the duties and 5-19 responsibilities of the committee. 5-20 (h) When the commissioners court adopts and approves a 5-21 county zoning district map and zoning regulations, the county 5-22 zoning committee has completed its duties and responsibilities and 5-23 ceases to exist. 5-24 Sec. 231.205. COMPLIANCE WITH COMPREHENSIVE PLAN. 5-25 (a) Prior to the preparation and adoption of the zoning district 6-1 map and zoning regulations, the commissioners court shall adopt a 6-2 comprehensive plan for the zoned area of the county. 6-3 (b) The comprehensive plan shall consist of, at a minimum, 6-4 the following elements: 6-5 (1) land use; 6-6 (2) population distribution and density; 6-7 (3) flood plain management including constraints on 6-8 land coverage by impervious structures related to accelerated 6-9 run-off and potential flooding; 6-10 (4) major streets and thoroughfares; and 6-11 (5) protection and enhancement of sites and facilities 6-12 of importance to tourism, recreation, and historic preservation. 6-13 (c) Both the comprehensive plan and the zoning regulations 6-14 must be designed to: 6-15 (1) promote the public health, safety, and general 6-16 welfare; 6-17 (2) prevent overcrowding of land; 6-18 (3) avoid undue concentration of population; 6-19 (4) provide adequate light and air; 6-20 (5) lessen congestion in the streets and roads; 6-21 (6) facilitate adequate provision of transportation, 6-22 water, sewers, parks, and other public requirements; 6-23 (7) preserve and enhance the quality of tourist 6-24 attractions, parks, and historical sites and structures by 6-25 preventing the use of land and buildings that may be incompatible 7-1 with and detrimental to such facilities, buildings, and sites for 7-2 the continued enjoyment of the people of the state; and 7-3 (8) assist in developing and making available to the 7-4 public such areas, sites, parks, and playgrounds as will enrich the 7-5 quality of tourism and recreation for the residents of this state 7-6 and other states and nations. 7-7 (d) The commissioners court shall act to adopt the 7-8 comprehensive plan after a public hearing on the plan. Notice of 7-9 the hearing must be published in a newspaper of general circulation 7-10 in the county not less than 15 days prior to the date of the 7-11 hearing. 7-12 Sec. 231.206. PREPARATION, APPROVAL, AND ADOPTION OF THE 7-13 ZONING DISTRICT MAP AND ZONING REGULATIONS. (a) Following 7-14 approval and adoption of the comprehensive plan, the zoning 7-15 committee shall proceed to prepare the proposed zoning district map 7-16 and zoning regulations. The proposed zoning district map and the 7-17 zoning regulations shall be prepared based on and consistent with 7-18 the adopted comprehensive plan. 7-19 (b) When the proposed zoning district map and zoning 7-20 regulations are completed, the zoning committee shall hold one or 7-21 more public hearings on the map and regulations, as determined 7-22 appropriate. Notice of the hearing must be published in a 7-23 newspaper of general circulation in the county not less than 15 7-24 days prior to the date of the hearing. 7-25 (c) When the county zoning committee is satisfied with the 8-1 proposed zoning district map and zoning regulations, it shall 8-2 approve the map and regulations and recommend to the commissioners 8-3 court that they be adopted. The commissioners court shall give not 8-4 less than 15 days prior public notice by publication in a newspaper 8-5 of general circulation in the county of a public hearing to be held 8-6 jointly with the zoning committee for the purpose of considering 8-7 adoption of the zoning district map and zoning regulations. No 8-8 action to adopt shall be taken at the public hearing. Following 8-9 the public hearing, the zoning committee may respond to questions 8-10 or desired changes in the map or regulations requested by the 8-11 commissioners court. The commissioners court may then set a date 8-12 for action to adopt the zoning district map and zoning regulations. 8-13 No further public hearings are required but may be held at the 8-14 discretion of the commissioners court. 8-15 Sec. 231.207. PERMITS, CERTIFICATES, FEES. 8-16 (a) Administration of zoning regulations shall include an 8-17 examination of an applicant's proposed use of land and buildings; 8-18 if the proposed use is found to be in compliance with the zoning 8-19 regulations and zoning district map, the county shall issue a 8-20 permit to use or construct. When the use or construction is 8-21 completed and in place, the applicant shall request an inspection. 8-22 On inspection by an official of the county and a finding that the 8-23 use or construction complies with the terms of the permit issued, 8-24 the county shall issue a certificate of compliance and occupancy to 8-25 the applicant. The county may charge an application fee not to 9-1 exceed $100. 9-2 (b) Any use of premises or construction or use of a 9-3 building, other than for ranching and agricultural purposes, that 9-4 is located within the zoned portion of the county that occurs 9-5 subsequent to the adoption by the county of the zoning district map 9-6 and zoning regulations which does not comply with this procedure 9-7 for permitting and certification described in Subsection (a) of 9-8 this section shall be unlawful. 9-9 Sec. 231.208. AMENDMENTS. (a) The zoning district map and 9-10 the zoning regulations may be amended after adoption at the 9-11 discretion of the commissioners court. 9-12 (1) Amendments to the zoning district map shall be 9-13 made only if: 9-14 (A) the present district classification of the 9-15 land involved was made in error; or 9-16 (B) the circumstances of the immediate physical 9-17 or economic environment of the land involved have changed 9-18 substantially since the time of the designation of the zoning 9-19 district in which the land is located. 9-20 (2) Amendments shall not be made for a specific 9-21 property that provide a monopolistic advantage over other nearby 9-22 properties having similar locational advantages or circumstances of 9-23 situation. 9-24 (3) Amendments may create new boundaries of existing 9-25 districts but not create an isolated and dissimilar new district. 10-1 (b) Any landowner may petition or apply for an amendment to 10-2 the zoning district map involving only land or property owned by 10-3 such petitioner or applicant. The right to petition or apply for 10-4 an amendment to a zoning district classification of property does 10-5 not infer or include a right to a public hearing on the matter. A 10-6 public hearing is required and necessary only on the effecting of 10-7 an amendment. The commissioners court may provide for a 10-8 preliminary review and discussion of applications for amendments to 10-9 the zoning district map and determine whether or not an application 10-10 or petition merits further consideration. If the commissioners 10-11 court determines that a petition or application warrants no further 10-12 consideration, the matter is closed to further action. The 10-13 individual thus aggrieved may appeal the matter in a court of 10-14 competent jurisdiction. If the commissioners court makes a 10-15 determination that the proposed amendment warrants further 10-16 consideration and may possibly have merit, the court shall order a 10-17 public hearing on the petition or application. 10-18 (c) Prior to effecting any amendment, there shall be a 10-19 public hearing on the proposal to amend before the commissioners 10-20 court. Public notice of the public hearing must be published in a 10-21 newspaper of general circulation in the county not less than 15 10-22 days prior to the date of the public hearing. No action to amend 10-23 or not to amend shall take place at the public hearing. There 10-24 shall be a waiting period of not less than one week between the 10-25 date of the public hearing and the date that the commissioners 11-1 court acts to amend or not to amend. 11-2 (d) In the event of a proposed change in the district 11-3 classification of a property or properties as an amendment to the 11-4 zoning district map, the owners of all land included in the 11-5 proposed amendment and located within 500 feet of the property for 11-6 which an amendment is to be considered shall be notified of the 11-7 proposed change by United States mail, certified, return receipt 11-8 requested. The notices shall be posted not less than 15 days prior 11-9 to the date of the public hearing. In the event that the owners of 11-10 20 percent or more of the area of the land within 500 feet of the 11-11 property for which an amendment of the zoning district 11-12 classification is being proposed, or any one or all of the owners 11-13 of the land being considered for a change in zoning district 11-14 classification, file written objections to the proposed amendment 11-15 or change of the district classification, such change and amendment 11-16 to the zoning district map can only be effected by an affirmative 11-17 vote of not less than three-fourths of the members of the 11-18 commissioners court. Written protests must be presented at the 11-19 public hearing and signed by the owners of the affected properties. 11-20 (e) Amendments to the zoning regulations shall be initiated 11-21 only by the commissioners court. Any action to amend shall be 11-22 taken at a regular meeting of the court, the agenda item for which 11-23 shall be a public hearing on the proposed amendment. A public 11-24 notice regarding the proposed amendment must be published in a 11-25 newspaper of general circulation in the county not less than 15 12-1 days prior to the date of the public hearing. 12-2 Sec. 231.209. VARIANCES. (a) The commissioners court may 12-3 grant, on the basis of a demonstrated hardship, variances as apply 12-4 to dimensional requirements of the zoning regulations, but only if 12-5 the applicant for the variance has not caused the hardship. The 12-6 land use regulations shall not be subject to the granting of a 12-7 variance or exception. Changes in permitted uses of land or 12-8 buildings shall only be effected by an amendment to the zoning 12-9 district map. 12-10 Sec. 231.210. REPEAL; REPLACEMENT. (a) The commissioners 12-11 court may repeal both the zoning regulations and the zoning 12-12 district map and take no further action to replace them thus 12-13 effecting the termination of any form of zoning in the county. 12-14 Such action may only be taken at a regular meeting of the 12-15 commissioners court which is a public hearing on the proposed 12-16 action. Prior to the public hearing there shall be not less than 12-17 two public notices of the public hearing and the proposal published 12-18 in a newspaper of general circulation in the county. The first 12-19 notice must be published not less than 15 days prior to the date of 12-20 the public hearing, and the second notice must be published between 12-21 three and seven days prior to the date of the public hearing. 12-22 (b) The commissioners court may repeal either the zoning 12-23 regulations or the zoning district map or both, following the 12-24 procedure set forth in Subsection (a) and then replace either or 12-25 both with new or completely revised documents. In this event, the 13-1 procedures prescribed by Sections 231.204, 231.205, and 231.206 13-2 shall be followed. 13-3 Sec. 231.211. RECORD KEEPING. The zoning district map shall 13-4 be maintained up to date in the offices of the county clerk. A 13-5 zoning record book shall be maintained in the same office, and the 13-6 record book shall contain a chronological record of all amendments 13-7 made to the district map, all variances and special permits issued 13-8 by the commissioners court, and a record of all applications or 13-9 petitions made for amendments to the district map and the 13-10 disposition of the applications or petitions. 13-11 Sec. 231.212. ENFORCEMENT; PENALTY; REMEDIES. (a) The 13-12 commissioners court may adopt orders to enforce this subchapter, an 13-13 order adopted under this subchapter, or a zoning regulation. 13-14 (b) A person commits an offense if the person violates an 13-15 order adopted under this subchapter or a zoning regulation. An 13-16 offense under this subchapter is a misdemeanor punishable by a fine 13-17 of not less than $500 nor more than $1,000. Each day that a 13-18 violation occurs or continues constitutes a separate offense. 13-19 Trial shall be in district court. 13-20 (c) If a building or other structure is erected, 13-21 constructed, reconstructed, altered, repaired, converted, or 13-22 maintained or if a building, other structure, or land is used in 13-23 violation of an order adopted under this subchapter or a zoning 13-24 regulation, the appropriate county authority, in addition to other 13-25 remedies, may institute appropriate action to: 14-1 (1) prevent the unlawful action or use; 14-2 (2) restrain, correct, or abate the violation; 14-3 (3) prevent the occupancy of the building, other 14-4 structure, or land; or 14-5 (4) prevent any illegal act, conduct, business, or use 14-6 on or about the premises. 14-7 Sec. 231.213. CONFLICT WITH OTHER LAWS. If a zoning 14-8 regulation adopted under this subchapter requires a greater width 14-9 or size of a lot, yard, court, or other open space, requires a 14-10 lower building height or fewer number of stories for building, 14-11 requires a greater percentage of a lot to be left unoccupied, or 14-12 otherwise imposes higher standards than those required under 14-13 another statute or regulation of a state agency or local order or 14-14 regulation, the regulation adopted under this subchapter controls. 14-15 If the other statute, state regulation, or local order or 14-16 regulation imposes higher standards, that statute, regulation, or 14-17 order controls. 14-18 Sec. 231.214. EXCEPTIONS. (a) This subchapter does not 14-19 authorize the commissioners court to require the removal or 14-20 destruction of a building or the discontinuation of the use of a 14-21 building that exists at the time the court implements this 14-22 subchapter if such use or building does not conform to the 14-23 regulations of the zoning district in which the property is then 14-24 located. 14-25 (b) The storage, placement, or parking of scrap, used, or 15-1 junk vehicles, machinery, or other types of material or items that 15-2 are not within an enclosed structure or building, including 15-3 semi-sheltered flea-market-type activities, that by reason of the 15-4 implementation of this subchapter become nonconforming with the 15-5 regulations of the zoning district in which then located may be 15-6 required by the commissioners court to be removed, the property 15-7 cleared, and the act or activity terminated within two years of the 15-8 date of service to the owner and/or occupant of a notice to this 15-9 effect as ordered by the commissioners court. 15-10 (c) This subchapter does not authorize the commissioners 15-11 court to regulate or restrict the right of a landowner, a person 15-12 acting in the landowner's behalf, or a tenant or lessee of land to 15-13 construct improvements for agriculture and ranching operations or 15-14 to otherwise use the land for agriculture or ranching, including 15-15 range and wildlife management. Commercial feed lots, commercial 15-16 livestock loading and receiving facilities, commercial livestock 15-17 and produce processing facilities, commercial disposal of solid or 15-18 liquid waste material of any type, and the commercial quarrying or 15-19 extraction of sand, gravel, caliche, or stone shall not be 15-20 considered agricultural or ranching operations and may be regulated 15-21 by the commissioners court as necessary to protect the public 15-22 health, safety, peace, morals, and general welfare from the dangers 15-23 of explosion, flooding, vermin, insects, physical injury, 15-24 contagious disease, contamination of water supplies, radiation, 15-25 storage of toxic materials, or other hazards. 16-1 (d) This subchapter, an order adopted under this subchapter, 16-2 or a zoning regulation does not apply to the location, 16-3 construction, maintenance, or use of any buildings, structures, or 16-4 equipment used in providing telephone service to the public. 16-5 SECTION 2. The importance of this legislation and the 16-6 crowded condition of the calendars in both houses create an 16-7 emergency and an imperative public necessity that the 16-8 constitutional rule requiring bills to be read on three several 16-9 days in each house be suspended, and this rule is hereby suspended, 16-10 and that this Act take effect and be in force from and after its 16-11 passage, and it is so enacted.