Tex. Local Government Code § 211.0061
This is the official text of Tex. Local Government Code § 211.0061, part of Texas’s Local Government Code — governs the powers and operations of Texas cities and counties.
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§ 211.0061. PROTEST PROCEDURES FOR CERTAIN PROPOSED CHANGES.
Official statutory text
(a) This section applies only to a proposed change to a zoning regulation or district boundary that is not a proposed comprehensive zoning change.
(b) A protest of a proposed change to a zoning regulation or district boundary must be written and signed by the owners of:
(1) at least 20 percent of the area of the lots or land covered by the proposed change;
(2) except as provided by Subdivision (3), at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area; or
(3) at least 60 percent of the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area if the proposed change has the effect of allowing more residential development than the existing zoning regulation or district boundary and does not have the effect of allowing additional commercial or industrial uses unless the additional use is limited to the first floor of any residential development and does not exceed 35 percent of the overall development.
(c) In computing the percentage of land area under Subsection (b):
(1) the area of streets and alleys shall be included; and
(2) the land area is not calculated individually for each tract of land subject to a proposed change in a zoning regulation or district boundary but in the aggregate for all tracts of land subject to the change.
(d) If a proposed change to a regulation or district boundary is protested in accordance with Subsection (b), the proposed change must receive, in order to take effect, the affirmative vote of at least:
(1) three-fourths of all members of the governing body for a protest described by Subsection (b)(1) or (2); or
(2) a majority of all members of the governing body for a protest described by Subsection (b)(3).
(b) A protest of a proposed change to a zoning regulation or district boundary must be written and signed by the owners of:
(1) at least 20 percent of the area of the lots or land covered by the proposed change;
(2) except as provided by Subdivision (3), at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area; or
(3) at least 60 percent of the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area if the proposed change has the effect of allowing more residential development than the existing zoning regulation or district boundary and does not have the effect of allowing additional commercial or industrial uses unless the additional use is limited to the first floor of any residential development and does not exceed 35 percent of the overall development.
(c) In computing the percentage of land area under Subsection (b):
(1) the area of streets and alleys shall be included; and
(2) the land area is not calculated individually for each tract of land subject to a proposed change in a zoning regulation or district boundary but in the aggregate for all tracts of land subject to the change.
(d) If a proposed change to a regulation or district boundary is protested in accordance with Subsection (b), the proposed change must receive, in order to take effect, the affirmative vote of at least:
(1) three-fourths of all members of the governing body for a protest described by Subsection (b)(1) or (2); or
(2) a majority of all members of the governing body for a protest described by Subsection (b)(3).
Status: in_force · Read it on the official government site
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