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<br />LAND USE & RELATED AC IITIES
<br />
<br />
<br />lnge of a
<br />
<br />"A pawnshop legally operating in a municipality as a permitted use
<br />or as a nonconforming use on March 1, 1989, is entitled to relocate to
<br />another site in the same zoning district or classification in which it is
<br />located on March 1, 1989, provided the relocation is completed before
<br />the first anniversary of the date that the pav;nshop ceased doing
<br />business at the previous location."
<br />
<br />nay regu-
<br />
<br />~ 211.004. Compliance With Comprehensive Plan
<br />
<br />(a) Zoning regulations must be adopted in accor-
<br />dance with a comprehensive plan and must be de-
<br />signed to:
<br />
<br />(1) lessen congestion in the streets;
<br />(2) secure safety from fIre, panic, and other dan-
<br />gers;
<br />(3) promote health and the general welfare;
<br />(4) provide adequate light and air;
<br />(5) prevent the overcrowding of land;
<br />(6) avoid undue concentration of population; or
<br />(7) facilitate the adequate provision of transporta-
<br />tion, water, sewers, schools, parks, and other public
<br />requirements.
<br />(b) Repealed by Acts 1997, 75th Leg., ch. 459, ~ 2,
<br />eff. Sept. 1, 1997
<br />
<br />Acts 1987, 70th Leg., ch. 149, * 1, eff. Sept. 1, 1987. Amend-
<br />ed by Acts 1989, 71st Leg., ch. 458, * 1, eff. Aug. 28, 1989;
<br />Acts 1997, 75th Leg., ch. 459, * 2, eff. Sept. 1, 1997.
<br />
<br />~ 211.005. Districts
<br />
<br />(a) The governing body of a municipality may di-
<br />vide the municipality into districts of a number, shape,
<br />and size the governing body considers best for carry-
<br />ing out this subchapter. Within each district, the
<br />governing body may regulate the erection, construc-
<br />tion, reconstruction, alteration, repair, or use of build-
<br />ings, other structures, or land.
<br />
<br />(b) Zoning regulations must be uniform for each
<br />class or kind of building in a district, but the regula-
<br />tions may vary from district to district. The regula-
<br />tions shall be adopted with reasonable consideration,
<br />among other things, for the character of each district
<br />and its peculiar suitability for particular uses, with a
<br />view of conserving the value of buildings and encour-
<br />aging the most appropriate use of land in the munici-
<br />pality.
<br />
<br />Acts 1987, 70th Leg., ch. 149, * I, eff. Sept. 1, 1987.
<br />
<br />~ 211.006. Procedures Governing Adoption of Zon-
<br />ing Regulations and District Bound-
<br />aries
<br />
<br />(a) The governing body of a municipality wishing to
<br />exercise the authority relating to zoning regulations
<br />
<br />::l size of
<br />
<br />occupied;
<br />
<br />her open
<br />
<br />ler struc-
<br />lsidential,
<br />
<br />areas of
<br />ance and
<br />ality may
<br />tlteration,
<br />
<br />micipality
<br />
<br />District
<br />I Pawn-
<br />
<br />meaning
<br />
<br />I and de-
<br />e govern-
<br />awnshops
<br />IS by the
<br />pter 371,
<br />or more
<br />
<br />may not
<br />r any re-
<br />;e permit
<br />censed to
<br />Commis-
<br />
<br />'f. Sept. 1,
<br />~ 7.81, eff.
<br />
<br />~ 211.006
<br />
<br />and zoning district boundaries shall establish proce-
<br />dures for adopting and enforcing the regulations and
<br />boundaries. A regulation or boundary is not effective
<br />until after a public hearing on the matter at which
<br />parties in interest and citizens have an opportunity to
<br />be heard. Before the 15th day before the date of the
<br />hearing, notice of the time and place of the hearing
<br />must be published in an offIcial newspaper or a news-
<br />paper of general circulation in the municipality.
<br />
<br />(b) In addition to the notice required by Subsection
<br />(a), a general-law municipality that does not have a
<br />zoning commission shall give notice of a proposed
<br />change in a zoning classifIcation to each property
<br />owner who would be entitled to notice under Section
<br />211.007(c) if the municipality had a zoning commission.
<br />That notice must be given in the same manner as
<br />required for notice to property owners under Section
<br />211.007(c). The governing body may not adopt the
<br />proposed change until after the 30th day after the
<br />date the notice required by this subsection is given.
<br />
<br />(c) If the governing body of a home-rule municipali-
<br />ty conducts a hearing under Subsection (a), the gov-
<br />erning body may, by a two-thirds vote, prescribe the
<br />type of notice to be given of the time and place of the
<br />public hearing. Notice requirements prescribed un-
<br />der this subsection are in addition to the publication of
<br />notice required by Subsection (a).
<br />
<br />(d) If a proposed change to a regulation or bound-
<br />ary is protested in accordance with this subsection,
<br />the proposed change must receive, in order to take
<br />effect, the affIrmative vote of at least three-fourths of
<br />all members of the governing body. The protest must
<br />be written and signed by the owners of at least 20
<br />percent of either:
<br />
<br />(1) the area of the lots or land covered by the
<br />proposed change; or
<br />
<br />(2) the area of the lots or land immediately ad-
<br />joining the area covered by the proposed change
<br />and extending 200 feet from that area.
<br />
<br />(e) In computing the percentage of land area under
<br />Subsection (d), the area of streets and alleys shall be
<br />'neluded.
<br />
<br />(f) The governing body by ordinance may provide
<br />that the affirmative vote of at least three-fourths of all
<br />its members is required to overrule a recommendation
<br />of the municipality's zoning commission that a pro-
<br />posed change to a regulation or boundary be denied.
<br />
<br />Acts 1987, 70th Leg., ch. 149, * 1, eff. Sept. 1, 1987.
<br />
<br />383
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