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A BILL TO BE ENTITLED
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AN ACT
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relating to granting county zoning authority in Aransas County; |
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providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 231, Local Government Code, is amended |
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by adding Subchapter N to read as follows: |
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SUBCHAPTER N. ZONING IN ARANSAS COUNTY |
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Sec. 231.301. LEGISLATIVE FINDINGS; PURPOSE. (a) The |
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legislature finds that: |
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(1) the parts of Aransas County that surround Aransas |
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Bay, Copano Bay, St. Charles Bay, Mesquite Bay, Carlos Bay, and Port |
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Bay are frequented for recreational purposes by residents from |
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every part of the state; |
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(2) orderly development and use of the area is of |
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concern to the entire state; and |
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(3) without adequate development regulations, Aransas |
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County would be developed in ways that endanger and interfere with |
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the proper use of the area as a place of tourism and recreation to |
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the detriment of the public health, safety, peace, morals, and |
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general welfare and the natural resources of the county. |
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(b) The powers granted under this subchapter are for the |
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purpose of promoting the public health, safety, peace, morals, and |
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general welfare and encouraging the recreational use of county |
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parks in Aransas County. |
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Sec. 231.302. AREAS SUBJECT TO REGULATION. This subchapter |
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applies only to the unincorporated areas of Aransas County located |
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within three miles of the shoreline of the Gulf of Mexico or a bay. |
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Sec. 231.303. ZONING REGULATIONS GENERALLY. The |
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Commissioners Court of Aransas County may, for the areas subject to |
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this subchapter, regulate: |
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(1) the height, number of stories, and size of |
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buildings and other structures; |
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(2) the percentage of a lot that may be occupied by |
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buildings and structures; |
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(3) the size of yards, courts, and other open spaces; |
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(4) population density; |
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(5) the location and use of buildings, other |
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structures, and land for business, industrial, residential, or |
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other purposes; |
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(6) the placement of water and sewage facilities, |
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parks, and other public requirements; and |
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(7) the control, storage, preservation, and |
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distribution of storm and flood water. |
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Sec. 231.304. ELECTION TO APPROVE REGULATORY AUTHORITY |
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REQUIRED. (a) The regulatory authority granted under Section |
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231.303 is not effective unless it is approved by a majority of the |
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county residents voting in an election held under this section. The |
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commissioners court shall order the election to be held on a uniform |
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election date authorized by Section 41.001, Election Code. |
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(b) For an election under this section, the ballot shall be |
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prepared to permit voting for or against the proposition: |
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"Approving the authority granted to the Commissioners Court of |
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Aransas County to regulate land development in certain areas of the |
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county (insert description of general authority)." |
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(c) The regulatory authority approved under this section |
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includes the authority of the commissioners court to repeal, |
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revise, or amend a regulation of land development adopted under |
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this subchapter. |
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Sec. 231.305. COMPLIANCE WITH COMPREHENSIVE PLAN. Zoning |
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regulations must be adopted in accordance with a comprehensive plan |
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and must be designed to: |
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(1) lessen congestion in the streets and roads; |
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(2) secure safety from fire, panic, and other dangers; |
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(3) promote health and the general welfare; |
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(4) provide adequate light and air; |
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(5) prevent the overcrowding of land; |
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(6) avoid undue concentration of population; |
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(7) facilitate the adequate provision of |
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transportation, water, sewers, parks, and other public |
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requirements; |
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(8) control, store, preserve, and distribute storm and |
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flood water; and |
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(9) assist in developing the regulated area into |
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parks, playgrounds, and recreational areas. |
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Sec. 231.306. DISTRICTS. (a) The commissioners court may |
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divide the area of the county subject to this subchapter into |
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districts of a number, shape, and size the commissioners court |
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considers best for administering this subchapter. Within each |
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district, the commissioners court may regulate the erection, |
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construction, reconstruction, alteration, repair, or use of |
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buildings, other structures, or land. |
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(b) The zoning regulations must be uniform for each class or |
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kind of building in a district, but the regulations may vary from |
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district to district. The regulations shall be adopted with |
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reasonable consideration for, among other things, the character of |
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each district and its peculiar suitability for particular uses, |
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with a view of conserving the value of buildings and encouraging the |
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most appropriate use of land throughout the area. |
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Sec. 231.307. PROCEDURES GOVERNING ADOPTION OF REGULATIONS |
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AND DISTRICT BOUNDARIES. (a) The commissioners court shall |
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establish procedures for adopting and enforcing zoning regulations |
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and zoning district boundaries. A regulation or district boundary |
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is not effective until it is adopted by the commissioners court |
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after a public hearing on the matter at which parties in interest |
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and citizens have an opportunity to be heard. Before the 15th day |
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before the date of the hearing, the commissioners court must |
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publish notice of the time and place of the hearing in a newspaper |
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of general circulation in the county. |
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(b) If a proposed change to a regulation or district |
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boundary is protested in accordance with this subsection, the |
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proposed change must receive, in order to take effect, the |
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affirmative vote of at least three-fourths of all members of the |
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commissioners court. The protest must be written and signed by the |
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owners of at least 20 percent of either: |
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(1) the area of the lots covered by the proposed |
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change; or |
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(2) the lots immediately adjacent to the rear of the |
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lots covered by the proposed change and extending 200 feet from |
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those lots or from the street frontage of the opposite lots. |
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Sec. 231.308. ZONING COMMISSION. (a) To exercise the |
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powers authorized by this subchapter, the commissioners court shall |
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appoint a zoning commission. The commission shall recommend |
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boundaries for the original zoning districts and appropriate zoning |
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regulations for each district. The commission must consist of |
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seven members, each of whom must be a resident of the county. |
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(b) The commission shall elect a presiding officer from |
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among its members. The presiding officer serves in that capacity |
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for a term set by the commission. The commission may at any time |
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choose for a particular meeting or occasion an acting presiding |
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officer as necessary from among its members. The commission may |
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employ a secretary and acting secretary and other technical or |
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clerical personnel. |
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(c) A member of the commission is not entitled to |
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compensation but is entitled to expenses actually incurred while |
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serving on the commission as provided by order of the commissioners |
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court. |
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(d) The zoning commission shall make a preliminary report |
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and hold public hearings on that report before submitting a final |
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report to the commissioners court. The commissioners court may not |
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hold a public hearing or take action until it receives the final |
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report of the zoning commission. |
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(e) Before the 10th day before the hearing date, written |
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notice of each public hearing before the zoning commission on a |
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proposed change in a zoning classification shall be sent to: |
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(1) each owner of affected property or to the person |
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who renders the property for county taxes; and |
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(2) each owner of property that is located within 200 |
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feet of property affected by the change or to the person who renders |
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the property for county taxes. |
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(f) The notice may be served by depositing it in the United |
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States mail, postage paid and properly addressed to the address of |
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the property owner on file with the county tax assessor-collector. |
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Sec. 231.309. BOARD OF ADJUSTMENT. (a) The commissioners |
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court may provide for the appointment of a board of adjustment. In |
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the zoning regulations adopted under this subchapter, the |
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commissioners court may authorize the board of adjustment, in |
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appropriate cases and subject to appropriate conditions and |
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safeguards, to make special exceptions to the terms of the zoning |
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regulations that are consistent with the general purpose and intent |
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of the regulations and in accordance with any applicable rules |
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contained in the regulations. |
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(b) A board of adjustment must consist of five members to be |
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appointed for terms of two years. The appointing authority may |
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remove a board member for cause on a written charge after a public |
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hearing. The appointing authority shall fill a vacancy on the board |
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for the unexpired term. |
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(c) The board shall adopt rules in accordance with any order |
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adopted under this subchapter. Meetings of the board are held at |
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the call of the presiding officer and at other times as determined |
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by the board. The presiding officer or acting presiding officer may |
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administer oaths and compel the attendance of witnesses. All |
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meetings of the board are open to the public. |
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(d) The board shall keep minutes of its proceedings that |
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indicate the vote of each member on each question or indicate that a |
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member is absent or fails to vote. The board shall keep records of |
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its examinations and other official actions. The minutes and |
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records shall be filed immediately in the board's office and are |
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public records. |
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Sec. 231.310. AUTHORITY OF BOARD. (a) The board of |
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adjustment may: |
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(1) hear and decide an appeal that alleges error in an |
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order, requirement, decision, or determination made by an |
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administrative official in the enforcement of this subchapter or a |
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zoning regulation; |
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(2) hear and decide special exceptions to the terms of |
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a zoning regulation when the regulation requires the board to do so; |
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and |
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(3) authorize in specific cases a variance from the |
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terms of a zoning regulation if the variance is not contrary to the |
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public interest and, due to special conditions, a literal |
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enforcement of the regulation would result in unnecessary hardship, |
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and so that the spirit of the regulation is observed and substantial |
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justice is done. |
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(b) In exercising its authority under Subsection (a)(1), |
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the board may reverse or affirm, in whole or in part, or modify the |
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administrative official's order, requirement, decision, or |
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determination from which an appeal is taken and make the correct |
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order, requirement, decision, or determination, and for that |
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purpose the board has the same authority as the administrative |
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official. |
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(c) The concurring vote of four members of the board is |
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necessary to: |
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(1) reverse an order, requirement, decision, or |
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determination of an administrative official; |
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(2) decide in favor of an applicant on a matter on |
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which the board is required to pass under a zoning regulation; or |
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(3) authorize a variation in a zoning regulation. |
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Sec. 231.311. APPEAL TO BOARD. (a) Any of the following |
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persons may appeal to the board of adjustment a decision made by an |
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administrative official: |
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(1) a person aggrieved by the decision; or |
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(2) an officer, department, board, or bureau of the |
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county or of a municipality affected by the decision. |
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(b) The appellant must file with the board and the official |
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from whom the appeal is taken a notice of appeal specifying the |
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grounds for the appeal. The appeal must be filed within a |
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reasonable time as determined by board rule. On receiving the |
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notice, the official from whom the appeal is taken shall |
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immediately transmit to the board all the papers constituting the |
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record of the action that is appealed. |
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(c) An appeal stays all proceedings in furtherance of the |
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action that is appealed unless the official from whom the appeal is |
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taken certifies in writing to the board facts supporting the |
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official's opinion that a stay would cause imminent peril to life or |
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property. In that case, the proceedings may be stayed only by a |
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restraining order granted by the board or a court of record on |
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application, after notice to the official, if due cause is shown. |
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(d) The board shall set the date of the appeal hearing not |
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later than the 30th day after the date notice of appeal is filed and |
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shall give public notice of the hearing and due notice to the |
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parties in interest. A party may appear at the appeal hearing in |
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person or by agent or attorney. The board shall decide the appeal |
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within a reasonable time. |
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Sec. 231.312. JUDICIAL REVIEW OF BOARD DECISION. (a) Any |
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of the following persons may present to a court of record a verified |
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petition stating that the decision of the board of adjustment is |
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illegal in whole or in part and specifying the grounds of the |
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illegality: |
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(1) a person aggrieved by a decision of the board; |
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(2) a taxpayer; or |
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(3) an officer, department, board, or bureau of the |
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county or of the municipality. |
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(b) The petition must be presented within 10 days after the |
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date the decision is filed in the board's office. |
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(c) On the presentation of the petition, the court may grant |
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a writ of certiorari directed to the board to review the board's |
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decision. The writ must indicate the time within which the board's |
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return must be made and served on the petitioner's attorney, which |
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must be after 10 days and may be extended by the court. Granting of |
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the writ does not stay the proceedings on the decision under appeal, |
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but on application and after notice to the board, the court may |
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grant a restraining order if due cause is shown. |
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(d) The board's return must be verified and must concisely |
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state any pertinent and material facts that show the grounds of the |
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decision under appeal. The board is not required to return the |
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original documents on which the board acted but may return |
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certified or sworn copies of the documents or parts of the documents |
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as required by the writ. |
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(e) If at the hearing the court determines that testimony is |
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necessary for the proper disposition of the matter, it may take |
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evidence or appoint a referee to take evidence as directed. The |
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referee shall report the evidence to the court with the referee's |
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findings of fact and conclusions of law. The referee's report |
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constitutes a part of the proceedings on which the court shall make |
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its decision. |
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(f) The court may reverse or affirm, in whole or in part, or |
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modify the decision that is appealed. The court may not assess |
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costs against the board unless the court determines that the board |
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acted with gross negligence, in bad faith, or with malice in making |
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its decision. |
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Sec. 231.313. SPECIAL EXCEPTION. (a) If the commissioners |
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court does not provide for the appointment of a board of adjustment |
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under Section 231.309, a person aggrieved by a zoning regulation or |
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a zoning district boundary adopted under this subchapter may |
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petition the commissioners court. |
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(b) The commissioners court shall adopt procedures |
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governing applications, notice, hearings, and other matters |
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relating to the grant of a special exception. |
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Sec. 231.314. ENFORCEMENT; PENALTY; REMEDIES. (a) The |
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commissioners court may adopt orders to enforce this subchapter, |
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any order adopted under this subchapter, or a zoning regulation. |
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(b) A person commits an offense if the person violates this |
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subchapter, an order adopted under this subchapter, or a zoning |
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regulation. An offense under this subsection is a misdemeanor, |
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punishable by fine, as provided by the commissioners court. The |
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commissioners court may also provide civil penalties for a |
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violation. |
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(c) If a building or other structure is erected, |
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constructed, reconstructed, altered, repaired, converted, or |
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maintained or if a building, other structure, or land is used in |
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violation of this subchapter, an order adopted under this |
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subchapter, or a zoning regulation, the appropriate county |
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authority, in addition to other remedies, may institute appropriate |
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action to: |
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(1) prevent the unlawful erection, construction, |
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reconstruction, alteration, repair, conversion, maintenance, or |
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use; |
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(2) restrain, correct, or abate the violation; |
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(3) prevent the occupancy of the building, structure, |
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or land; or |
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(4) prevent any illegal act, conduct, business, or use |
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on or about the premises. |
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Sec. 231.315. CONFLICT WITH OTHER LAWS; EXCEPTIONS. (a) If |
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a zoning regulation adopted under this subchapter requires a |
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greater width or size of a yard, court, or other open space, |
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requires a lower building height or fewer stories for a building, |
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requires a greater percentage of lot to be left unoccupied, or |
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otherwise imposes higher standards than those required under |
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another statute or local order or regulation, the regulation |
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adopted under this subchapter controls. If the other statute or |
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local order or regulation imposes higher standards, that statute, |
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order, or regulation controls. |
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(b) This subchapter does not authorize the commissioners |
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court to require the removal or destruction of property that exists |
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at the time the court implements this subchapter. |
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(c) This subchapter, an order adopted under this |
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subchapter, or a zoning regulation does not apply to the location, |
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construction, maintenance, or use of central office buildings used |
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by a person engaging in providing telephone service to the public or |
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equipment used in connection with those buildings or as part of the |
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telephone system, as necessary to furnish telephone service to the |
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public. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |