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.