CHAPTER 153. 728 (H.B. (A) copies of any relevant land use plans, adopted in accordance with the Texas Local Government Code, Chapter 211, which were in existence before publication of the notice of intent to file a solid waste permit application or, if no notice of intent is filed, at the time the permit application is filed; 4, eff. 126, Sec. (d) The governing body of a home-rule municipality may, by a two-thirds vote, prescribe the type of notice to be given of the time and place of a public hearing held jointly by the governing body and the zoning commission. 149, Sec. JUDICIAL REVIEW OF BOARD DECISION. 211.012. Granting of the writ does not stay the proceedings on the decision under appeal, but on application and after notice to the board the court may grant a restraining order if due cause is shown. Acts 2021, 87th Leg., R.S., Ch. (e) The board by majority vote shall adopt rules in accordance with any ordinance adopted under this subchapter and with the approval of the governing body. Section 1. A reference in this subchapter to the adoption of a zoning regulation or a zoning district boundary includes the amendment, repeal, or other change of a regulation or boundary. That notice must be given in the same manner as required for notice to property owners under Section 211.007(c). Aug. 30, 1993. We conclude that the ordinance does not implement zoning as that concept is ordinarily understood, and … The governing body may not hold a public hearing until it receives the final report of the zoning commission unless the governing body by ordinance provides that a public hearing is to be held, after the notice required by Section 211.006(a), jointly with a public hearing required to be held by the zoning commission. 458, Sec. (c) The provisions of this chapter shall not be construed to prohibit the adoption or application of any charter provision of a home-rule municipality that requires a waiting period prior to the adoption of zoning regulations or the submission of the initial adoption of zoning regulations to a binding referendum election, or both, provided that all procedural requirements of this chapter for the adoption of the zoning regulation are otherwise complied with. May a county require the owner or operator of a gaming room to obtain a license and pay a fee? 212.002. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 2007, the County did create, a Public Improvement District ("PID"), named the Westside 211 Special Improvement District, under Chapter 372, Subchapter C, of the Texas Local Government Code (currently codified as Chapter 382) for the purposes of financing the costs of public improvements within the Property; and Chapter 211 (municipal zoning authority) of the Texas Local Government Code, as may be amended. 177), Sec. (B) a completed application for the initial authorization was filed with the governmental entity before the date of incorporation. (2) all applicable state and federal law and standards in effect on the date of the installation of the manufactured home or appurtenance. Pursue local designation for RTHLs, SALs, and NRHP properties. COMPENSATION OF COUNTY OFFICERS ON FEE BASIS. 1, eff. Acts 2019, 86th Leg., R.S., Ch. 149, Sec. Local Gov. All meetings of the board shall be open to the public. 126, Sec. 211.011. Read the code on FindLaw 381, Sec. September 1, 2021. A vacancy among the alternate members is filled in the same manner as a vacancy among the regular members. Costs may not be assessed against the board unless the court determines that the board acted with gross negligence, in bad faith, or with malice in making its decision. Sec. Judicial Review of Board Decision on Westlaw FindLaw Codes are provided courtesy of Thomson … 1, eff. [X] Non-Texas State agency or unit of local government of another state hereby certifying that it has statutory authority to enter in to this Interlocal Agreement and perform its duties hereunder pursuant to the Pennsylvania Procurement Code, 62 Pa. C.S.A. Sec. Sept. 1, 2003. A decision of a panel of the board on a case constitutes the decision of the board. AUTHORITY OF BOARD. 211.006. (e) If a general-law municipality exercises zoning authority without the appointment of a zoning commission, any reference in a law to a municipal zoning commission or planning commission means the governing body of the municipality. September 1, 2013. Aug. 28, 1995. 2497), Sec. Texas Local Government Code Sec. (a) … 211.014. (2) declaring that the nonconforming use of the manufactured home lots has been abandoned based on a period of continuous abandonment of use as a manufactured home lot of any lot for less than 12 months. 7, eff. (2) at least 50 percent of the manufactured home lots in the manufactured home community are physically occupied by a manufactured home used as a residence. Section 101 et seq.by Act No. APPEAL TO BOARD. The Planning & Zoning Commission is a seven-member advisory commission with all the rights, powers, privileges and authority authorized and granted by the city council and through the Statues of the State of Texas as found in Chapter 211 and 212 of the Texas Local Government Code. Aug. 30, 1999. The Texas Administrative Code (TAC) is a compilation of all state agency rules in Texas. Sept. 1, 2003. § 635-048-0050 — Trapper Education Course of Study, (a-1) Except as provided by Subsection (e), any of the following persons may appeal to the board of adjustment a decision made by an administrative official that is related to a specific application, address, or project: (A) filed the application that is the subject of the decision; (B) is the owner or representative of the owner of the property that is the subject of the decision; or, (C) is aggrieved by the decision and is the owner of real property within 200 feet of the property that is the subject of the decision; or. (i[r].q=i[r].q||[]).push(arguments)},i[r].l=1*new Date();a=s.createElement(o), Texas Finance Code ch. (a) In this section, "pawnshop" has the meaning assigned by Section 371.003, Finance Code. 211.016. On receiving the notice, the official from whom the appeal is taken shall immediately transmit to the board all the papers constituting the record of the action that is appealed. 7.81, eff. Terms Used In Texas Local Government Code 211.003. Texas Local Government Code Sec. The powers granted under this subchapter are for the purpose of promoting the public health, safety, morals, or general welfare and protecting and preserving places and areas of historical, cultural, or architectural importance and significance. Sec. ga('send', 'pageview'); (d) Meetings of a panel of the board are held at the call of the presiding officer of the panel and at other times as determined by the panel or the board. 476, Sec. 371 preempts local regulation of pawnshops. In this subchapter, "cottage food production operation" and "home" have the meanings assigned by Section 437.001, Health and Safety Code. ZONING REGULATIONS GENERALLY. 149, Sec. 1475), Sec. 1, eff. 1, eff. 62, Sec. The board may adopt rules for the assignment of appeals to a panel. Acts 2007, 80th Leg., R.S., Ch. The governing body may also provide civil penalties for a violation. 2, eff. CONFLICT WITH OTHER LAWS; EXCEPTIONS. The presiding officer or acting presiding officer may administer oaths and compel the attendance of witnesses. (b) For purposes of this section, a completed application is filed if the application includes all documents and other information designated as required by the governmental entity in a written notice to the applicant. increasing citizen access. Acts 2005, 79th Leg., Ch. Sec. 211.017. Sept. 1, 1993. (2) the governing body of the municipality. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1999. (c) The concurring vote of 75 percent of the members of the board is necessary to: (1) reverse an order, requirement, decision, or determination of an administrative official; (2) decide in favor of an applicant on a matter on which the board is required to pass under a zoning ordinance; or. Sept. 1, 1987. 1, eff. Chapter 211 Texas Local Government Code, as amended and Chapter 6, Article IV of the Richardson Code of Ordinances, as amended, include but are not limited to: is empowered by the State of Texas in accordance with Section 211.008 of et seq., of the Texas Local Government Code for the purpose of hearing and acting upon requests for variances from Sec. Added by Acts 1993, 73rd Leg., ch. WHEREAS, Texas Local Government Code Section 211.003(a)(5) authorizes the governing body of a municipality to regulate the location and use of buildings, or structures, and land for business, industrial, residential, or other purposes; and WHEREAS, Texas Local Government Code Section 211.007(a) authorizes a zoning 211.007. (4) rehabilitation or repair programs that the municipality offers for a property designated as historic. September 1, 2021. Sec. 2, eff. (c-2) Subsection (c-1) does not apply to a municipality the majority of which is located in a county with a population of 100,000 or less, except that such a municipality must give notice under Subsection (c-1) to a school district that has territory in the municipality and requests the notice. (b) Notwithstanding any procedural or other requirements of this chapter to the contrary, the governing body of a home-rule municipality may on its own motion submit the repeal of the municipality's zoning regulations, as adopted under this chapter, in their entirety to the electors by use of any process that is authorized under the charter of the municipality for a popular vote on the rejection or repeal of ordinances in general. Local Gov't Code §234.133. 1, eff. (a) The governing body of a municipality may adopt ordinances to enforce this subchapter or any ordinance or regulation adopted under this subchapter. Purpose . Acts 1987, 70th Leg., ch. ADOPTION OF REGULATION OR BOUNDARY INCLUDES AMENDMENT OR OTHER CHANGE. (a) The governing body of a municipality may provide for the appointment of a board of adjustment. authority granted by Article 211.008 of the Local Government Code. If more than one panel of the board is appointed, the . (g) The governing body of a Type A general-law municipality by ordinance may grant the members of the governing body the authority to act as a board of adjustment under this chapter. The zoning council shall conduct a public hearing on the application and must publish notice of the time and place of the hearing in an official newspaper or a newspaper of general circulation in the municipality before the 10th day before the date of the hearing. In the regulations adopted under this subchapter, the governing body may authorize the board of adjustment, in appropriate cases and subject to appropriate conditions and safeguards, to make special exceptions to the terms of the zoning ordinance that are consistent with the general purpose and intent of the ordinance and in accordance with any applicable rules contained in the ordinance. 1, eff. If notice requirements are prescribed under this subsection, the notice requirements prescribed by Subsections (b) and (c) and by Section 211.006(a) do not apply. 149, Sec. H.B. As the governing body of a Type A General Law Municipality, the City Council is statutorily authorized to perform this function and serve in this . 363, Sec. 402, Sec. 211.005. If the other statute or local ordinance or regulation imposes higher standards, that statute, ordinance, or regulation controls. (d) The historic designation impact statement must include lists of the: (1) regulations that may be applied to any structure on the property after the designation; (3) tax benefits that may be applied to the property after the designation; and. Find a COVID-19 testing site | COVID-19 vaccine | More COVID-19 information (a-1) If a municipality has more than one commission described by Subsection (a)(2)(B), the municipality shall designate one of those commissions as the entity with exclusive authority to approve the designations of properties as local historic landmarks and the inclusion of properties in a local historic district under that paragraph. 524, Sec. Sec. Sec. The appeal must be filed not later than the 20th day after the date the decision is made. Purpose The City Council of _____ hereby … (a) The governing body of a municipality by ordinance may extend to the extraterritorial jurisdiction of the municipality the application of municipal ordinances adopted under Section 212.002 and other municipal ordinances relating to access to public roads or the pumping, extraction, and use of groundwater by persons other . (a) To exercise the powers authorized by this subchapter, the governing body of a home-rule municipality shall, and the governing body of a general-law municipality may, appoint a zoning commission. Texas Local Government Code LOC GOV'T TX LOCAL GOVT Section 211.009. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 211.013. Texas Local Government Code 211.014 - Panel of Board of Adjustment. 2, eff. Government Code, Chapter 204 or Chapter 205, as applicable, and rules of the Texas State Library and Archives Commission adopted under those chapters. This subchapter does not affect the right of a person to bring a cause of action under other law against an individual for nuisance or another tort arising out of the individual's use of the individual's home for cottage food production operations. Added by Acts 2003, 78th Leg., ch. 211.031. Sec. Texas Local Government Code LOC GOV'T TX LOCAL GOVT Section 211.018. EXTENSION OF RULES TO EXTRATERRITORIAL JURISDICTION. In 1987, the sections of Article 1011 were codiied in Chap-ter 211 of the Texas Local Government Code. (f) The court may reverse or affirm, in whole or in part, or modify the decision that is appealed. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Sec. 1585), Sec. Acts 1987, 70th Leg., ch. ZONING COMMISSION. 126, Sec. 18, eff. September 1, 2019. Sec. The governing body may not adopt the proposed change until after the 30th day after the date the notice required by this subsection is given. (e) The provisions of this section may only be utilized for the repeal of a municipality's zoning regulations in their entirety or for determinations of whether a municipality should initially adopt zoning regulations, except the governing body of a municipality may amend, modify, or repeal a zoning ordinance adopted, approved, or ratified at an election conducted pursuant to this section. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES. Read this complete Texas Local Government Code - LOC GOV'T § 211.011. APPEAL TO BOARD. In that case, the proceedings may be stayed only by a restraining order granted by the board or a court of record on application, after notice to the official, if due cause is shown. In accordance with Texas Local Government Code, Chapter 211, and Cedar Park Code of Ordinances, Chapter 11, Zoning, the Planning and Zoning Commission hears and makes recommendations to the City Council on all original and rezoning cases, and on master development plans associated with the Planning Area (PA) zoning district. PURPOSE. (a) A municipality incorporated after September 1, 2003, may not prohibit a person from: (1) continuing to use land in the area in the manner in which the land was being used on the date of incorporation if the land use was legal at that time; or. An alternate member serves for the same period as a regular member and is subject to removal in the same manner as a regular member. Sec. 1, eff. 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