Comal County Zoning Bill Exempts Telephone Company Central Offices

The text as introduced · 2,843 words

89R507 DRS-D

By: Isaac
H.B. No. 2265

A BILL TO BE ENTITLED

AN ACT

relating to county land use regulatory authority in certain

counties; providing a criminal penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 231, Local Government Code, is amended

by adding Subchapter N to read as follows:

SUBCHAPTER N. ZONING IN COMAL COUNTY

Sec. 231.301. LEGISLATIVE FINDINGS; PURPOSE. (a) The

legislature finds that:

(1) parts of Comal County including the area that

surrounds Canyon Lake and the Guadalupe River are or will be

frequented for recreational purposes by residents from every part

of the state;

(2) orderly development and use of recreational areas

of the county is of concern to the entire state; and

(3) without adequate development regulations, the

county will be developed in ways that put an undue strain on natural

resources and endanger and interfere with the proper use of

recreational areas of the county as places of recreation to the

detriment of public health, safety, peace, morals, and general

welfare.

(b) The powers granted under this subchapter are for the

purpose of:

(1) promoting public health, safety, peace, morals,

and general welfare;

(2) encouraging recreation; and

(3) safeguarding and preventing the pollution of the

state's rivers and lakes.

Sec. 231.302. REGULATING COUNTY; APPLICABILITY. In this

subchapter, "regulating county" means Comal County, if the

residents of the county approved the exercise of the regulatory

authority granted under this subchapter in an election held under

Section 231.304.

Sec. 231.303. ZONING REGULATIONS GENERALLY. (a) The

commissioners court of a regulating county 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 by

buildings and structures;

(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;

(6) the placement of water and sewage facilities,

parks, and other public requirements;

(7) the location, design, construction, extension,

and size of streets and roads; and

(8) the control, storage, preservation, and

distribution of storm and flood water.

(b) The regulatory authority granted under this subchapter

applies only to the unincorporated areas of a county.

Sec. 231.304. ELECTION TO APPROVE REGULATORY AUTHORITY

REQUIRED. (a) The regulatory authority granted under Section

231.303 is not effective unless it is approved by a majority of the

county residents voting in an election held under this section. The

commissioners court shall order the election to be held on a uniform

election date authorized by Section 41.001, Election Code.

(b) For an election under this section, the ballot shall be

prepared to permit voting for or against the proposition:

"Approving the authority granted to the Commissioners Court of

(insert name of county) to regulate land development in the

unincorporated areas of the county (insert description of general

authority)."

(c) The regulatory authority approved under this section

includes the authority of the commissioners court to repeal,

revise, or amend a regulation of land development adopted under

this subchapter.

Sec. 231.305. COMPLIANCE WITH COMPREHENSIVE PLAN. Zoning

regulations must be adopted in accordance with a comprehensive plan

and must be designed to:

(1) lessen congestion in the streets and roads;

(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;

(7) facilitate the adequate provision of

transportation, water, sewers, parks, and other public

requirements;

(8) control, store, preserve, and distribute storm and

flood water; and

(9) assist in developing the regulated area into

parks, playgrounds, and recreational areas.

Sec. 231.306. DISTRICTS. (a) The commissioners court of a

regulating county may divide the unincorporated area of the county

into districts of a number, shape, and size the commissioners court

considers best for administering this subchapter. Within each

district, the commissioners court may regulate the erection,

construction, reconstruction, alteration, repair, or use of

buildings, other structures, or land.

(b) The 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 for, among other things, 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 throughout the area.

Sec. 231.307. PROCEDURES GOVERNING ADOPTION OF REGULATIONS

AND DISTRICT BOUNDARIES. (a) The commissioners court of a

regulating county shall establish procedures for adopting and

enforcing zoning regulations and zoning district boundaries. A

regulation or district boundary is not effective until it is

adopted by the commissioners court 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, the commissioners court must publish notice of the time

and place of the hearing in a newspaper of general circulation in

the county.

(b) If a proposed change to a regulation or district

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

commissioners court. The protest must be written and signed by the

owners of at least 20 percent of either:

(1) the area of the lots covered by the proposed

change; or

(2) the lots immediately adjacent to the rear of the

lots covered by the proposed change and extending 200 feet from

those lots or from the street frontage of the opposite lots.

Sec. 231.308. ZONING COMMISSION. (a) To exercise the

powers authorized by this subchapter, the commissioners court of a

regulating county shall appoint a zoning commission. The

commission shall recommend boundaries for the original zoning

districts and appropriate zoning regulations for each district.

The commission must consist of seven members, each of whom must be a

resident of the county.

(b) The commission shall elect a presiding officer from

among its members. The presiding officer serves in that capacity

for a term set by the commission. The commission may at any time

choose for a particular meeting or occasion an acting presiding

officer as necessary from among its members. The commission may

employ a secretary and acting secretary and other technical or

clerical personnel.

(c) A member of the commission is not entitled to

compensation but is entitled to expenses actually incurred while

serving on the commission as provided by order of the commissioners

court.

(d) The zoning commission shall make a preliminary report

and hold public hearings on that report before submitting a final

report to the commissioners court. The commissioners court may not

hold a public hearing or take action until it receives the final

report of the zoning commission.

(e) 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:

(1) each owner of affected property or to the person

who renders the property for county taxes; and

(2) each owner of property that is located within 200

feet of property affected by the change or to the person who renders

the property for county taxes.

(f) The notice may be served by depositing it in the United

States mail, postage paid and properly addressed to the address of

the property owner on file with the county tax assessor-collector.

Sec. 231.309. BOARD OF ADJUSTMENT. (a) The commissioners

court of a regulating county may provide for the appointment of a

board of adjustment. In the zoning regulations adopted under this

subchapter, the commissioners court 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 regulations that are consistent with the general

purpose and intent of the regulations and in accordance with any

applicable rules contained in the regulations.

(b) A board of adjustment must consist of five members to be

appointed for terms of two years. The appointing authority may

remove a board member for cause on a written charge after a public

hearing. The appointing authority shall fill a vacancy on the board

for the unexpired term.

(c) The board of adjustment shall adopt rules in accordance

with any order 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 are open to the public.

(d) The board of adjustment shall keep minutes of its

proceedings that indicate the vote of each member on each question

or indicate 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.

Sec. 231.310. AUTHORITY OF BOARD OF ADJUSTMENT. (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 a

zoning regulation;

(2) hear and decide special exceptions to the terms of

a zoning regulation when the regulation requires the board to do so;

and

(3) authorize in specific cases a variance from the

terms of a zoning regulation if the variance is not contrary to the

public interest and, due to special conditions, a literal

enforcement of the regulation would result in unnecessary hardship,

and so that the spirit of the regulation is observed and substantial

justice is done.

(b) In exercising its authority under Subsection (a)(1),

the board of adjustment may reverse or affirm, wholly or partly, 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 four members of the board of

adjustment 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 regulation; or

(3) authorize a variation in a zoning regulation.

Sec. 231.311. APPEAL TO BOARD OF ADJUSTMENT. (a) 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) an officer, department, board, or bureau of the

county or of a municipality affected by the decision.

(b) The appellant must file with the board of adjustment 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 board rule. 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 of adjustment 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 of adjustment shall set the date of the appeal

hearing not later than the 30th day after the date notice of appeal

is filed 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.

Sec. 231.312. JUDICIAL REVIEW OF BOARD OF ADJUSTMENT

DECISION. (a) Any of the following persons may present to a court

of record a verified petition stating that the decision of the board

of adjustment is illegal wholly or partly 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

county or of the municipality.

(b) The petition must be presented within 10 days after the

date the decision is filed in the board of adjustment's office.

(c) On the presentation of the petition, the court may grant

a writ of certiorari directed to the board of adjustment to review

the board's decision. The writ must indicate the time within 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 of adjustment'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, wholly or partly, or

modify the decision that is appealed. The court may not assess

costs against the board of adjustment unless the court determines

that the board acted with gross negligence, in bad faith, or with

malice in making its decision.

Sec. 231.313. SPECIAL EXCEPTION. (a) If the commissioners

court of a regulating county does not provide for the appointment of

a board of adjustment under Section 231.309, a person aggrieved by a

zoning regulation or a zoning district boundary adopted under this

subchapter may petition the commissioners court.

(b) The commissioners court shall adopt procedures

governing applications, notice, hearings, and other matters

relating to the grant of a special exception.

Sec. 231.314. ENFORCEMENT; PENALTY; REMEDIES. (a) The

commissioners court of a regulating county may adopt orders to

enforce this subchapter, any order adopted under this subchapter,

or a zoning regulation.

(b) A person commits an offense if the person violates this

subchapter, an order adopted under this subchapter, or a zoning

regulation. An offense under this subsection is a misdemeanor,

punishable by fine, as provided by the commissioners court. The

commissioners court 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, an order adopted under this

subchapter, or a zoning regulation, the appropriate county

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.

Sec. 231.315. 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 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 order or regulation, the regulation

adopted under this subchapter controls. If the other statute or

local order or regulation imposes higher standards, that statute,

order, or regulation controls.

(b) This subchapter does not authorize the commissioners

court of a regulating county to require the removal or destruction

of property that exists at the time the court implements this

subchapter.

(c) This subchapter, an order adopted under this

subchapter, or a zoning regulation does not apply to the location,

construction, maintenance, or use of central office buildings used

by a person engaging in providing telephone service to the public or

equipment used in connection with those buildings or as part of the

telephone system, as necessary to furnish telephone service to the

public.

SECTION 2. This Act takes effect September 1, 2025.