reglab/housing_qa huggingface dataset:
TX Loc Govt Code § 211.016 (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 211.016. Zoning Regulation Affecting Appearance of Buildings or Open Space

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.|
TX Loc Govt Code § 211.0165 (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 211.0165. Designation of Historic Landmark or District

Sec. 211.0165.  DESIGNATION OF HISTORIC LANDMARK OR DISTRICT.  (a)  Except as provided by Subsection (b), a municipality that has established a process for designating places or areas of historical, cultural, or architectural importance and significance through the adoption of zoning regulations or zoning district boundaries may not designate a property as a local historic landmark or include a property within the boundaries of a local historic district unless:(1)  the owner of the property consents to the designation or inclusion; or(2)  if the owner does not consent, the designation or inclusion of the owner's property is approved by a three-fourths vote of:(A)  the governing body of the municipality; and(B)  the zoning, planning, or historical commission of the municipality, if any.(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.(b)  If the property is owned by an organization that qualifies as a religious organization under Section 11.20, Tax Code, the municipality may designate the property as a local historic landmark or include the property in a local historic district only if the organization consents to the designation or inclusion.(c)  The municipality must provide the property owner a statement that describes the impact that a historic designation or inclusion in a local historic district of the owner's property may have on the owner and the owner's property.  The municipality must provide the statement to the owner not later than the 15th day before the date of the initial hearing on the historic designation or inclusion in a local historic district of the property of:(1)  the zoning, planning, or historical commission, if any; or(2)  the governing body of the municipality.(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;(2)  procedures for the designation;(3)  tax benefits that may be applied to the property after the designation; and(4)  rehabilitation or repair programs that the municipality offers for a property designated as historic.(e)  The municipality must allow an owner to withdraw consent at any time during the designation process.|Added by Acts 2019, 86th Leg., R.S., Ch. 231 (H.B. 2496), Sec. 1, eff. May 25, 2019.Amended by: Acts 2021, 87th Leg., R.S., Ch. 405 (S.B. 1585), Sec. 1, eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 405 (S.B. 1585), Sec. 2, eff. September 1, 2021.|
TX Loc Govt Code § 211.017 (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 211.017. Continuation of Land Use in Newly Incorporated Areas

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 (H.B. 2018), Sec. 23.001(66), eff. September 1, 2005.|
TX Loc Govt Code § 211.018 (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 211.018. Continuation of Land Use Regarding Manufactured Home Communities

Sec. 211.018.  CONTINUATION OF LAND USE REGARDING MANUFACTURED HOME COMMUNITIES.  (a)  In this section, "manufactured home," "manufactured home community," and "manufactured home lot" have the meanings assigned by Section 94.001, Property Code.(b)  The governing body of a municipality may not require a change in the nonconforming use of any manufactured home lot within the boundaries of a manufactured home community if:(1)  the nonconforming use of the land constituting the manufactured home community is authorized by law; and(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.(c)  For purposes of Subsection (b), requiring a change in the nonconforming use includes:(1)  requiring the number of manufactured home lots designated as a nonconforming use to be decreased; and(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.(d)  A manufactured home owner may install a new or used manufactured home, regardless of the size, or any appurtenance on a manufactured home lot located in a manufactured home community for which a nonconforming use is authorized by law, provided that the manufactured home or appurtenance and the installation of the manufactured home or appurtenance comply with:(1)  nonconforming land use standards, including standards relating to separation and setback distances and lot size, applicable on the date the nonconforming use of the land constituting the manufactured home community was authorized by law; and(2)  all applicable state and federal law and standards in effect on the date of the installation of the manufactured home or appurtenance.(e)  A municipality that prohibits the construction of new single-family residences or the construction of additions to existing single-family residences on a site located in a designated floodplain may, notwithstanding Subsection (b), (c), or (d), prohibit the installation of a manufactured home in a manufactured home community on a manufactured home lot that is located in an equivalently designated floodplain.|Added by Acts 2017, 85th Leg., R.S., Ch. 741 (S.B. 1248), Sec. 1, eff. September 1, 2017.|
TX Loc Govt Code § 211.021 (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 B. Additional Zoning Regulations in Municipality With Population of More Than 290,000|Section 211.021. Additional Zoning Regulations

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.|
TX Loc Govt Code § 211.031 (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 C. Regulation of Cottage Food Production Operations|Section 211.031. Definitions

Sec. 211.031.  DEFINITIONS.  In this subchapter, "cottage food production operation" and "home" have the meanings assigned by Section 437.001, Health and Safety Code.|Added by Acts 2013, 83rd Leg., R.S., Ch. 653 (H.B. 970), Sec. 7, eff. September 1, 2013.|
TX Loc Govt Code § 211.032 (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 C. Regulation of Cottage Food Production Operations|Section 211.032. Certain Zoning Regulations Prohibited

Sec. 211.032.  CERTAIN ZONING REGULATIONS PROHIBITED.  A municipal zoning ordinance may not prohibit the use of a home for cottage food production operations.|Added by Acts 2013, 83rd Leg., R.S., Ch. 653 (H.B. 970), Sec. 7, eff. September 1, 2013.|
TX Loc Govt Code § 211.033 (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 C. Regulation of Cottage Food Production Operations|Section 211.033. Action for Nuisance or Other Tort

Sec. 211.033.  ACTION FOR NUISANCE OR OTHER TORT.  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 2013, 83rd Leg., R.S., Ch. 653 (H.B. 970), Sec. 7, eff. September 1, 2013.|
TX Loc Govt Code § 212.001 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter A. Regulation of Subdivisions|Section 212.001. Definitions

Sec. 212.001.  DEFINITIONS.  In this subchapter:(1)  "Extraterritorial jurisdiction" means a municipality's extraterritorial jurisdiction as determined under Chapter 42, except that for a municipality that has a population of 5,000 or more and is located in a county bordering the Rio Grande River, "extraterritorial jurisdiction" means the area outside the municipal limits but within five miles of those limits.(2)  "Plan" means a subdivision development plan, including a subdivision plan, subdivision construction plan, site plan, land development application, and site development plan.(3)  "Plat" includes a preliminary plat, general plan, final plat, and replat.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 46(b), eff. Aug. 28, 1989.Amended by: Acts 2019, 86th Leg., R.S., Ch. 951 (H.B. 3167), Sec. 1, eff. September 1, 2019.|
TX Loc Govt Code § 212.002 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter A. Regulation of Subdivisions|Section 212.002. Rules

Sec. 212.002.  RULES.  After a public hearing on the matter, the governing body of a municipality may adopt rules governing plats and subdivisions of land within the municipality's jurisdiction to promote the health, safety, morals, or general welfare of the municipality and the safe, orderly, and healthful development of the municipality.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.|
TX Loc Govt Code § 212.0025 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter A. Regulation of Subdivisions|Section 212.0025. Chapter-Wide Provision Relating to Regulation of Plats and Subdivisions in Extraterritorial Jurisdiction

Sec. 212.0025.  CHAPTER-WIDE PROVISION RELATING TO REGULATION OF PLATS AND SUBDIVISIONS IN EXTRATERRITORIAL JURISDICTION.  The authority of a municipality under this chapter relating to the regulation of plats or subdivisions in the municipality's extraterritorial jurisdiction is subject to any applicable limitation prescribed by an agreement under Section 242.001.|Added by Acts 2003, 78th Leg., ch. 523, Sec. 6, eff. June 20, 2003.|
TX Loc Govt Code § 212.003 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter A. Regulation of Subdivisions|Section 212.003. Extension of Rules to Extraterritorial Jurisdiction

Sec. 212.003.  EXTENSION OF RULES TO EXTRATERRITORIAL JURISDICTION.  (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 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.  However, unless otherwise authorized by state law, in its extraterritorial jurisdiction a municipality shall not regulate:(1)  the use of any building or property for business, industrial, residential, or other purposes;(2)  the bulk, height, or number of buildings constructed on a particular tract of land;(3)  the size of a building that can be constructed on a particular tract of land, including without limitation any restriction on the ratio of building floor space to the land square footage;(4)  the number of residential units that can be built per acre of land;  or(5)  the size, type, or method of construction of a water or wastewater facility that can be constructed to serve a developed tract of land if:(A)  the facility meets the minimum standards established for water or wastewater facilities by state and federal regulatory entities;  and(B)  the developed tract of land is:(i)  located in a county with a population of 2.8 million or more;  and(ii)  served by:(a)  on-site septic systems constructed before September 1, 2001, that fail to provide adequate services;  or(b)  on-site water wells constructed before September 1, 2001, that fail to provide an adequate supply of safe drinking water.(b)  A fine or criminal penalty prescribed by the ordinance does not apply to a violation in the extraterritorial jurisdiction.(c)  The municipality is entitled to appropriate injunctive relief in district court to enjoin a violation of municipal ordinances or codes applicable in the extraterritorial jurisdiction.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 46(b), eff. Aug. 28, 1989;  Acts 1989, 71st Leg., ch. 822, Sec. 6, eff. Sept. 1, 1989;  Acts 2001, 77th Leg., ch. 68, Sec. 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 731, Sec. 3, eff. Sept. 1, 2003.|
TX Loc Govt Code § 212.004 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter A. Regulation of Subdivisions|Section 212.004. Plat Required

Sec. 212.004.  PLAT REQUIRED.  (a)  The owner of a tract of land located within the limits or in the extraterritorial jurisdiction of a municipality who divides the tract in two or more parts to lay out a subdivision of the tract, including an addition to a municipality, to lay out suburban, building, or other lots, or to lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts must have a plat of the subdivision prepared.  A division of a tract under this subsection includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method.  A division of land under this subsection does not include a division of land into parts greater than five acres, where each part has access and no public improvement is being dedicated.(b)  To be recorded, the plat must:(1)  describe the subdivision by metes and bounds;(2)  locate the subdivision with respect to a corner of the survey or tract or an original corner of the original survey of which it is a part; and(3)  state the dimensions of the subdivision and of each street, alley, square, park, or other part of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the street, alley, square, park, or other part.(c)  The owner or proprietor of the tract or the owner's or proprietor's agent must acknowledge the plat in the manner required for the acknowledgment of deeds.(d)  The plat must be filed and recorded with the county clerk of the county in which the tract is located.(e)  The plat is subject to the filing and recording provisions of Section 12.002, Property Code.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 46(b), eff. Aug. 28, 1989;  Acts 1989, 71st Leg., ch. 624, Sec. 3.02, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 1046, Sec. 1, eff. Aug. 30, 1993.|
TX Loc Govt Code § 212.0045 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter A. Regulation of Subdivisions|Section 212.0045. Exception to Plat Requirement: Municipal Determination

Sec. 212.0045.  EXCEPTION TO PLAT REQUIREMENT:  MUNICIPAL DETERMINATION.  (a)  To determine whether specific divisions of land are required to be platted, a municipality may define and classify the divisions.  A municipality need not require platting for every division of land otherwise within the scope of this subchapter.(b)  In lieu of a plat contemplated by this subchapter, a municipality may require the filing of a development plat under Subchapter B if that subchapter applies to the municipality.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 46(b), eff. Aug. 28, 1989.|
TX Loc Govt Code § 212.0046 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter A. Regulation of Subdivisions|Section 212.0046. Exception to Plat Requirement: Certain Property Abutting Aircraft Runway

Sec. 212.0046.  EXCEPTION TO PLAT REQUIREMENT:  CERTAIN PROPERTY ABUTTING AIRCRAFT RUNWAY.  An owner of a tract of land is not required to prepare a plat if the land:(1)  is located wholly within a municipality with a population of 5,000 or less;(2)  is divided into parts larger than 2-1/2 acres; and(3)  abuts any part of an aircraft runway.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 46(b), eff. Aug. 28, 1989.|