CHAPTER 211. MUNICIPAL ZONING AUTHORITY - 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

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.