reglab/housing_qa huggingface dataset:
TX Loc Govt Code § 211.004 (2021)
2021 Texas Statutes|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|Section 211.004. Compliance With Comprehensive Plan

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 facilitate the adequate provision of transportation, water, sewers, schools, parks, and other public requirements.(b)  Repealed by Acts 1997, 75th Leg., ch. 459, Sec. 2, eff.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.|
TX Loc Govt Code § 211.005 (2021)
2021 Texas Statutes|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|Section 211.005. Districts

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.|
TX Loc Govt Code § 211.006 (2021)
2021 Texas Statutes|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|Section 211.006. Procedures Governing Adoption of Zoning Regulations and District Boundaries

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.|
TX Loc Govt Code § 211.0075 (2021)
2021 Texas Statutes|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|Section 211.0075. Compliance With Open Meetings Law

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.|
TX Loc Govt Code § 211.009 (2021)
2021 Texas Statutes|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|Section 211.009. Authority of Board

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.(b-1)  In exercising its authority under Subsection (a)(3), the board may consider the following as grounds to determine whether compliance with the ordinance as applied to a structure that is the subject of the appeal would result in unnecessary hardship: (1)  the financial cost of compliance is greater than 50 percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the municipality under Section 26.01, Tax Code;(2)  compliance would result in a loss to the lot on which the structure is located of at least 25 percent of the area on which development may physically occur;(3)  compliance would result in the structure not being in compliance with a requirement of a municipal ordinance, building code, or other requirement;(4)  compliance would result in the unreasonable encroachment on an adjacent property or easement; or(5)  the municipality considers the structure to be a nonconforming structure.(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.Amended by: Acts 2021, 87th Leg., R.S., Ch. 318 (H.B. 1475), Sec. 1, eff. September 1, 2021.|
TX Loc Govt Code § 211.010 (2021)
2021 Texas Statutes|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|Section 211.010. Appeal to Board

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 that is not related to a specific application, address, or project:(1)  a person aggrieved by the decision; or(2)  any officer, department, board, or bureau of the municipality affected by the decision.(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:(1)  a person who:(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(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 not later than the 20th day after the date the decision is made.  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 at the next meeting for which notice can be provided following the hearing and not later than the 60th day after the date the appeal is filed.(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.Amended by: Acts 2019, 86th Leg., R.S., Ch. 820 (H.B. 2497), Sec. 2, eff. September 1, 2019.|
TX Loc Govt Code § 211.011 (2021)
2021 Texas Statutes|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|Section 211.011. Judicial Review of Board Decision

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.|
TX Loc Govt Code § 211.012 (2021)
2021 Texas Statutes|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|Section 211.012. Enforcement; Penalty; Remedies

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.|
TX Loc Govt Code § 211.013 (2021)
2021 Texas Statutes|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|Section 211.013. Conflict With Other Laws; Exceptions

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.|
TX Loc Govt Code § 211.014 (2021)
2021 Texas Statutes|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|Section 211.014. Panel of Board of Adjustment

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 (S.B. 177), Sec. 1, eff. May 9, 2005.|
TX Loc Govt Code § 211.015 (2021)
2021 Texas Statutes|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|Section 211.015. Zoning Referendum in Home-Rule Municipality

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 (S.B. 1360), Sec. 1, eff. May 23, 2007.|