CHAPTER 211. MUNICIPAL ZONING AUTHORITY
LOCAL GOVERNMENT CODE
TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND
RELATED ACTIVITIES
SUBTITLE A. MUNICIPAL REGULATORY AUTHORITY
CHAPTER 211. MUNICIPAL ZONING AUTHORITY
SUBCHAPTER A. GENERAL ZONING REGULATIONS
Sec. 211.001. PURPOSE. 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.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 211.002. ADOPTION OF REGULATION OR BOUNDARY INCLUDES
AMENDMENT OR OTHER CHANGE. 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.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 211.003. ZONING REGULATIONS GENERALLY. (a) The governing
body of a municipality may regulate:
(1) the height, number of stories, and size of buildings and
other structures;
(2) the percentage of a lot that may be occupied;
(3) the size of yards, courts, and other open spaces;
(4) population density;
(5) the location and use of buildings, other structures, and
land for business, industrial, residential, or other purposes;
and
(6) the pumping, extraction, and use of groundwater by persons
other than retail public utilities, as defined by Section 13.002,
Water Code, for the purpose of preventing the use or contact with
groundwater that presents an actual or potential threat to human
health.
(b) In the case of designated places and areas of historical,
cultural, or architectural importance and significance, the
governing body of a municipality may regulate the construction,
reconstruction, alteration, or razing of buildings and other
structures.
(c) The governing body of a home-rule municipality may also
regulate the bulk of buildings.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2003, 78th Leg., ch. 731, Sec. 2, eff. Sept. 1,
2003.
Sec. 211.0035. ZONING REGULATIONS AND DISTRICT BOUNDARIES
APPLICABLE TO PAWNSHOPS. (a) In this section, "pawnshop" has
the meaning assigned by Section 371.003, Finance Code.
(b) For the purposes of zoning regulation and determination of
zoning district boundaries, the governing body of a municipality
shall designate pawnshops that have been licensed to transact
business by the Consumer Credit Commissioner under Chapter 371,
Finance Code, as a permitted use in one or more zoning
classifications.
(c) The governing body of a municipality may not impose a
specific use permit requirement or any requirement similar in
effect to a specific use permit requirement on a pawnshop that
has been licensed to transact business by the Consumer Credit
Commissioner under Chapter 371, Finance Code.
Added by Acts 1991, 72nd Leg., ch. 687, Sec. 18, eff. Sept. 1,
1991. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.81, eff.
Sept. 1, 1999.
Sec. 211.004. COMPLIANCE WITH COMPREHENSIVE PLAN. (a) Zoning
regulations must be adopted in accordance with a comprehensive
plan and must be designed to:
(1) lessen congestion in the streets;
(2) secure safety from fire, panic, and other dangers;
(3) promote health and the general welfare;
(4) provide adequate light and air;
(5) prevent the overcrowding of land;
(6) avoid undue concentration of population; or
(7) facilitate the adequate provision of transportation, water,
sewers, schools, parks, and other public requirements.
(b) Repealed by Acts 1997, 75th Leg., ch. 459, Sec. 2, eff.
Sept. 1, 1997.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 458, Sec. 1, eff. Aug. 28,
1989; Acts 1997, 75th Leg., ch. 459, Sec. 2, eff. Sept. 1, 1997.
Sec. 211.005. DISTRICTS. (a) The governing body of a
municipality may divide the municipality into districts of a
number, shape, and size the governing body considers best for
carrying out this subchapter. Within each district, the governing
body may regulate the erection, construction, reconstruction,
alteration, repair, or use of buildings, other structures, or
land.
(b) Zoning regulations must be uniform for each class or kind of
building in a district, but the regulations may vary from
district to district. The regulations shall be adopted with
reasonable consideration, among other things, for the character
of each district and its peculiar suitability for particular
uses, with a view of conserving the value of buildings and
encouraging the most appropriate use of land in the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 211.006. PROCEDURES GOVERNING ADOPTION OF ZONING
REGULATIONS AND DISTRICT BOUNDARIES. (a) The governing body of
a municipality wishing to exercise the authority relating to
zoning regulations and zoning district boundaries shall establish
procedures for adopting and enforcing the regulations and
boundaries. A regulation or boundary is not effective until after
a public hearing on the matter at which parties in interest and
citizens have an opportunity to be heard. Before the 15th day
before the date of the hearing, notice of the time and place of
the hearing must be published in an official newspaper or a
newspaper of general circulation in the municipality.
(b) In addition to the notice required by Subsection (a), a
general-law municipality that does not have a zoning commission
shall give notice of a proposed change in a zoning classification
to each property owner who would be entitled to notice under
Section 211.007(c) if the municipality had a zoning commission.
That notice must be given in the same manner as required for
notice to property owners under Section 211.007(c). 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.
(c) If the governing body of a home-rule municipality conducts a
hearing under Subsection (a), the governing body may, by a
two-thirds vote, prescribe the type of notice to be given of the
time and place of the public hearing. Notice requirements
prescribed under this subsection are in addition to the
publication of notice required by Subsection (a).
(d) If a proposed change to a regulation or boundary is
protested in accordance with this subsection, the proposed change
must receive, in order to take effect, the affirmative vote of at
least three-fourths of all members of the governing body. The
protest must be written and signed by the owners of at least 20
percent of either:
(1) the area of the lots or land covered by the proposed change;
or
(2) the area of the lots or land immediately adjoining the area
covered by the proposed change and extending 200 feet from that
area.
(e) In computing the percentage of land area under Subsection
(d), the area of streets and alleys shall be included.
(f) The governing body by ordinance may provide that the
affirmative vote of at least three-fourths of all its members is
required to overrule a recommendation of the municipality's
zoning commission that a proposed change to a regulation or
boundary be denied.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 211.007. ZONING COMMISSION. (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. The commission
shall recommend boundaries for the original zoning districts and
appropriate zoning regulations for each district. If the
municipality has a municipal planning commission at the time of
implementation of this subchapter, the governing body may appoint
that commission to serve as the zoning commission.
(b) The zoning commission shall make a preliminary report and
hold public hearings on that report before submitting a final
report to the governing body. 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. In either case, the governing body
may not take action on the matter until it receives the final
report of the zoning commission.
(c) Before the 10th day before the hearing date, written notice
of each public hearing before the zoning commission on a proposed
change in a zoning classification shall be sent to each owner, as
indicated by the most recently approved municipal tax roll, of
real property within 200 feet of the property on which the change
in classification is proposed. The notice may be served by its
deposit in the municipality, properly addressed with postage
paid, in the United States mail. If the property within 200 feet
of the property on which the change is proposed is located in
territory annexed to the municipality and is not included on the
most recently approved municipal tax roll, the notice shall be
given in the manner provided by Section 211.006(a).
(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. 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.
(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.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 211.0075. COMPLIANCE WITH OPEN MEETINGS LAW. A board or
commission established by an ordinance or resolution adopted by
the governing body of a municipality to assist the governing body
in developing an initial comprehensive zoning plan or initial
zoning regulations for the municipality, or a committee of the
board or commission that includes one or more members of the
board or commission, is subject to Chapter 551, Government Code,
regardless of whether the board, commission, or committee has
rulemaking or quasi-judicial powers or functions only in an
advisory capacity.
Added by Acts 1993, 73rd Leg., ch. 381, Sec. 1, eff. Aug. 30,
1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(82),
eff. Sept. 1, 1995.
Sec. 211.008. BOARD OF ADJUSTMENT. (a) The governing body of a
municipality may provide for the appointment of a board of
adjustment. 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.
(b) A board of adjustment must consist of at least five members
to be appointed for terms of two years. The governing body must
provide the procedure for appointment. The governing body may
authorize each member of the governing body, including the mayor,
to appoint one member to the board. The appointing authority may
remove a board member for cause, as found by the appointing
authority, on a written charge after a public hearing. A vacancy
on the board shall be filled for the unexpired term.
(c) The governing body, by charter or ordinance, may provide for
the appointment of alternate board members to serve in the
absence of one or more regular members when requested to do so by
the mayor or city manager. 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. A vacancy among the alternate
members is filled in the same manner as a vacancy among the
regular members.
(d) Each case before the board of adjustment must be heard by at
least 75 percent of the members.
(e) The board by majority vote shall adopt rules in accordance
with any ordinance adopted under this subchapter. Meetings of the
board are held at the call of the presiding officer and at other
times as determined by the board. The presiding officer or acting
presiding officer may administer oaths and compel the attendance
of witnesses. All meetings of the board shall be open to the
public.
(f) The board shall keep minutes of its proceedings that
indicate the vote of each member on each question or the fact
that a member is absent or fails to vote. The board shall keep
records of its examinations and other official actions. The
minutes and records shall be filed immediately in the board's
office and are public records.
(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.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1993, 73rd Leg., ch. 126, Sec. 1, eff. Sept. 1,
1993; Acts 1995, 74th Leg., ch. 724, Sec. 1, eff. Aug. 28, 1995;
Acts 1997, 75th Leg., ch. 363, Sec. 1, eff. Sept. 1, 1997.
Sec. 211.009. AUTHORITY OF BOARD. (a) The board of adjustment
may:
(1) hear and decide an appeal that alleges error in an order,
requirement, decision, or determination made by an administrative
official in the enforcement of this subchapter or an ordinance
adopted under this subchapter;
(2) hear and decide special exceptions to the terms of a zoning
ordinance when the ordinance requires the board to do so;
(3) authorize in specific cases a variance from the terms of a
zoning ordinance if the variance is not contrary to the public
interest and, due to special conditions, a literal enforcement of
the ordinance would result in unnecessary hardship, and so that
the spirit of the ordinance is observed and substantial justice
is done; and
(4) hear and decide other matters authorized by an ordinance
adopted under this subchapter.
(b) In exercising its authority under Subsection (a)(1), the
board may reverse or affirm, in whole or in part, or modify the
administrative official's order, requirement, decision, or
determination from which an appeal is taken and make the correct
order, requirement, decision, or determination, and for that
purpose the board has the same authority as the administrative
official.
(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
(3) authorize a variation from the terms of a zoning ordinance.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1993, 73rd Leg., ch. 126, Sec. 2, eff. Sept. 1,
1993; Acts 1995, 74th Leg., ch. 724, Sec. 2, eff. Aug. 28, 1995.
Sec. 211.010. APPEAL TO BOARD. (a) 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:
(1) a person aggrieved by the decision; or
(2) any officer, department, board, or bureau of the
municipality affected by the decision.
(b) The appellant must file with the board and the official from
whom the appeal is taken a notice of appeal specifying the
grounds for the appeal. The appeal must be filed within a
reasonable time as determined by the rules of the board. 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.
(c) An appeal stays all proceedings in furtherance of the action
that is appealed unless the official from whom the appeal is
taken certifies in writing to the board facts supporting the
official's opinion that a stay would cause imminent peril to life
or property. 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.
(d) The board shall set a reasonable time for the appeal hearing
and shall give public notice of the hearing and due notice to the
parties in interest. A party may appear at the appeal hearing in
person or by agent or attorney. The board shall decide the appeal
within a reasonable time.
(e) A member of the governing body of the municipality who
serves on the board of adjustment under Section 211.008(g) may
not bring an appeal under this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 363, Sec. 2, eff. Sept. 1,
1997.
Sec. 211.011. JUDICIAL REVIEW OF BOARD DECISION. (a) Any of
the following persons may present to a district court, county
court, or county court at law a verified petition stating that
the decision of the board of adjustment is illegal in whole or in
part and specifying the grounds of the illegality:
(1) a person aggrieved by a decision of the board;
(2) a taxpayer; or
(3) an officer, department, board, or bureau of the
municipality.
(b) The petition must be presented within 10 days after the date
the decision is filed in the board's office.
(c) On the presentation of the petition, the court may grant a
writ of certiorari directed to the board to review the board's
decision. The writ must indicate the time by which the board's
return must be made and served on the petitioner's attorney,
which must be after 10 days and may be extended by the court.
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.
(d) The board's return must be verified and must concisely state
any pertinent and material facts that show the grounds of the
decision under appeal. The board is not required to return the
original documents on which the board acted but may return
certified or sworn copies of the documents or parts of the
documents as required by the writ.
(e) If at the hearing the court determines that testimony is
necessary for the proper disposition of the matter, it may take
evidence or appoint a referee to take evidence as directed. The
referee shall report the evidence to the court with the referee's
findings of fact and conclusions of law. The referee's report
constitutes a part of the proceedings on which the court shall
make its decision.
(f) The court may reverse or affirm, in whole or in part, or
modify the decision that is appealed. 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.
(g) The court may not apply a different standard of review to a
decision of a board of adjustment that is composed of members of
the governing body of the municipality under Section 211.008(g)
than is applied to a decision of a board of adjustment that does
not contain members of the governing body of a municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 363, Sec. 3, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 646, Sec. 1, eff. Aug. 30, 1999.
Sec. 211.012. ENFORCEMENT; PENALTY; REMEDIES. (a) The
governing body of a municipality may adopt ordinances to enforce
this subchapter or any ordinance or regulation adopted under this
subchapter.
(b) A person commits an offense if the person violates this
subchapter or an ordinance or regulation adopted under this
subchapter. An offense under this subsection is a misdemeanor,
punishable by fine, imprisonment, or both, as provided by the
governing body. The governing body may also provide civil
penalties for a violation.
(c) If a building or other structure is erected, constructed,
reconstructed, altered, repaired, converted, or maintained or if
a building, other structure, or land is used in violation of this
subchapter or an ordinance or regulation adopted under this
subchapter, the appropriate municipal authority, in addition to
other remedies, may institute appropriate action to:
(1) prevent the unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance, or use;
(2) restrain, correct, or abate the violation;
(3) prevent the occupancy of the building, structure, or land;
or
(4) prevent any illegal act, conduct, business, or use on or
about the premises.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 211.013. CONFLICT WITH OTHER LAWS; EXCEPTIONS. (a) If a
zoning regulation adopted under this subchapter requires a
greater width or size of a yard, court, or other open space,
requires a lower building height or fewer number of stories for a
building, requires a greater percentage of lot to be left
unoccupied, or otherwise imposes higher standards than those
required under another statute or local ordinance or regulation,
the regulation adopted under this subchapter controls. If the
other statute or local ordinance or regulation imposes higher
standards, that statute, ordinance, or regulation controls.
(b) This subchapter does not authorize the governing body of a
municipality to require the removal or destruction of property
that exists at the time the governing body implements this
subchapter and that is actually and necessarily used in a public
service business.
(c) This subchapter does not apply to a building, other
structure, or land under the control, administration, or
jurisdiction of a state or federal agency.
(d) This subchapter applies to a privately owned building or
other structure and privately owned land when leased to a state
agency.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1999, 76th Leg., ch. 476, Sec. 1, eff. June 18,
1999.
Sec. 211.014. PANEL OF BOARD OF ADJUSTMENT. (a) This section
applies only to a municipality with a population of 500,000 or
more.
(b) A board of adjustment shall consist of one or more panels of
at least five members each to be appointed for terms of two
years. If more than one panel of the board is appointed, the
board consists of the regular members of all of the panels. The
board may adopt rules for the assignment of appeals to a panel.
(c) If the board consists of more than one panel, only one panel
may hear, handle, or render a decision in a particular case. A
decision of a panel of the board on a case constitutes the
decision of the board.
(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.
(e) A panel of a board of adjustment:
(1) has the powers and duties that a board of adjustment has
under Sections 211.008, 211.009, 211.010, and 211.011; and
(2) is to be treated as a board of adjustment for purposes of
the requirement imposed by Section 211.008(d).
Added by Acts 1993, 73rd Leg., ch. 126, Sec. 3, eff. Sept. 1,
1993. Amended by Acts 2001, 77th Leg., ch. 402, Sec. 12, eff.
Sept. 1, 2001; Acts 2001, 77th Leg., ch. 669, Sec. 73, eff. Sept.
1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
24, Sec. 1, eff. May 9, 2005.
Sec. 211.015. ZONING REFERENDUM IN HOME-RULE MUNICIPALITY. (a)
Notwithstanding other requirements of this subchapter, the voters
of a home-rule municipality may repeal the municipality's zoning
regulations adopted under this subchapter by either:
(1) a charter election conducted under law; or
(2) on the initial adoption of zoning regulations by a
municipality, the use of any referendum process that is
authorized under the charter of the municipality for public
protest of the adoption of an ordinance.
(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.
(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. This subsection does not apply to the
adoption of airport zoning regulations under Chapter 241.
(d) Notwithstanding any charter provision to the contrary, a
governing body of a municipality may adopt a zoning ordinance and
condition its taking effect upon the ordinance receiving the
approval of the electors at an election held for that purpose.
(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.
(f) The provisions of this section shall not authorize the
repeal of:
(1) an ordinance approving land-use regulations adopted under
the provisions of this chapter by a board of directors of a
reinvestment zone under the authority of Section 311.010(c), Tax
Code; or
(2) an ordinance approving airport zoning regulations adopted
under Chapter 241.
Added by Acts 1993, 73rd Leg., ch. 126, Sec. 4, eff. Sept. 1,
1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
190, Sec. 1, eff. May 23, 2007.
Sec. 211.016. ZONING REGULATION AFFECTING APPEARANCE OF
BUILDINGS OR OPEN SPACE. (a) This section applies only to a
zoning regulation that affects:
(1) the exterior appearance of a single-family house, including
the type and amount of building materials; or
(2) the landscaping of a single-family residential lot,
including the type and amount of plants or landscaping materials.
(b) A zoning regulation adopted after the approval of a
residential subdivision plat does not apply to that subdivision
until the second anniversary of the later of:
(1) the date the plat was approved; or
(2) the date the municipality accepts the subdivision
improvements offered for public dedication.
(c) This section does not prevent a municipality from adopting
or enforcing applicable building codes or prohibiting the use of
building materials that have been proven to be inherently
dangerous.
Added by Acts 2003, 78th Leg., ch. 524, Sec. 1, eff. Sept. 1,
2003.
Sec. 211.017. CONTINUATION OF LAND USE IN NEWLY INCORPORATED
AREAS. (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
(2) beginning to use land in the area in the manner that was
planned for the land before the 90th day before the effective
date of the incorporation if:
(A) one or more licenses, certificates, permits, approvals, or
other forms of authorization by a governmental entity were
required by law for the planned land use; and
(B) a completed application for the initial authorization was
filed with the governmental entity before the date of
incorporation.
(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.
(c) This section does not prohibit a municipality from imposing:
(1) a regulation relating to the location of sexually oriented
businesses, as that term is defined by Section 243.002;
(2) a municipal ordinance, regulation, or other requirement
affecting colonias, as that term is defined by Section 2306.581,
Government Code;
(3) a regulation relating to preventing imminent destruction of
property or injury to persons;
(4) a regulation relating to public nuisances;
(5) a regulation relating to flood control;
(6) a regulation relating to the storage and use of hazardous
substances;
(7) a regulation relating to the sale and use of fireworks; or
(8) a regulation relating to the discharge of firearms.
(d) A municipal ordinance or rule in conflict with this section
is void.
Added by Acts 2003, 78th Leg., ch. 279, Sec. 1, eff. Sept. 1,
2003.
Renumbered from Local Government Code, Section 211.016 by Acts
2005, 79th Leg., Ch.
728, Sec. 23.001(66), eff. September 1, 2005.
SUBCHAPTER B. ADDITIONAL ZONING REGULATIONS IN MUNICIPALITY WITH
POPULATION OF MORE THAN 290,000
Sec. 211.021. ADDITIONAL ZONING REGULATIONS. (a) The governing
body of a municipality with a population of more than 290,000
that has adopted a comprehensive zoning ordinance under
Subchapter A may, by ordinance, divide the municipality into
neighborhood zoning areas after a public hearing on the matter at
which parties in interest and citizens have an opportunity to be
heard. Before the 15th day before the date of the hearing, notice
of the time and place of the hearing must be published in an
official newspaper or a newspaper of general circulation in the
municipality.
(b) The mayor of the municipality, with the approval of the
governing body, may appoint a neighborhood advisory zoning
council for each of the neighborhood zoning areas. Each zoning
council must be composed of five citizens who reside in the
neighborhood zoning area. A zoning council member is appointed
for a term of two years.
(c) Each neighborhood advisory zoning council shall provide the
zoning commission with information, advice, and recommendations
relating to each application filed with the zoning commission for
zoning regulation changes that affect property within that
neighborhood zoning area.
(d) On the filing of a zoning change application with the zoning
commission, the zoning commission shall provide the appropriate
neighborhood advisory zoning council with a copy of the
application. 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.
(e) At or before the zoning commission's hearing on the zoning
change application, the neighborhood advisory zoning council
shall submit to the zoning commission any information, advice,
and recommendations relating to that application that the zoning
council considers proper. The zoning commission may not overrule
a recommendation of the zoning council with respect to the
disposition of the application unless at least three-fourths of
the members of the zoning commission who are present at the
meeting vote to overrule the recommendation.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.