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Current as of January 01, 2024 | Updated by FindLaw Staff
(a) Any of the following persons may petition the commissioners court for a special exception to a zoning regulation adopted by the commissioners court:
(1) a person aggrieved by the regulation; or
(2) any officer, department, board, or bureau of the county or of a municipality in the county.
(b) The commissioners court shall hold a public hearing on the petition and shall publish notice of the hearing before the 15th day before the date of the hearing in a newspaper of general circulation in the county.
(c) Except as provided by Subsection (d), the commissioners court may grant a petition for a special exception by majority vote.
(d) If a proposed special exception to a zoning regulation is protested in accordance with this subsection, the proposed special exception 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 presented at the hearing and signed by the owners of at least 20 percent of:
(1) the lots covered by the proposed exception; or
(2) the lots immediately adjacent to the rear of the lots covered by the proposed exception extending 200 feet from those lots, or from the street frontage of the opposite lots.
Cite this article: FindLaw.com - Texas Local Government Code - LOC GOV'T § 231.038. Special Exception - last updated January 01, 2024 | https://codes.findlaw.com/tx/local-government-code/loc-gov-t-sect-231-038/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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