Texas Local Government Code Title 7, Chapter 241 - Municipal And County Zoning Authority Around Airports
SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 241.001 - Short Title
This chapter may be cited as the Airport Zoning Act. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
- Texas Section 241.002 - Legislative Findings
The legislature finds that: (1) an airport hazard endangers the lives and property of users of the airport and of occupants of land in the...
- Texas Section 241.003 - Definitions
In this chapter: (1) "Airport" means an area of land or water, publicly or privately owned, designed and set aside for the landing and taking...
- Texas Section 241.004 - Airport Used In Interest Of Public
For the purposes of this chapter, an airport is used in the interest of the public if: (1) the owner of the airport, by contract,...
SUBCHAPTER B ADOPTION OF AIRPORT ZONING REGULATIONS
- Texas Section 241.005 - Adoption Of Regulation Includes Amendment Or Other Change
A reference in this chapter to the adoption of an airport zoning regulation includes the amendment, repeal, or other change of a regulation. A reference...
- Texas Section 241.011 - Airport Hazard Area Zoning Regulations
(a) To prevent the creation of an airport hazard, a political subdivision in which an airport hazard area is located may adopt, administer, and enforce,...
- Texas Section 241.012 - Airport Compatible Land Use Zoning Regulations
(a) A political subdivision may adopt, administer, and enforce, under its police power, airport compatible land use zoning regulations for the part of a controlled...
- Texas Section 241.013 - Extraterritorial Zoning In Political Subdivisions With Population Of More Than 45,000
(a) A political subdivision with a population of more than 45,000 in which an airport used in the interest of the public to the benefit...
- Texas Section 241.014 - Joint Airport Zoning Board
(a) A political subdivision to whose benefit an airport is used in the interest of the public or in which an airport owned or operated...
- Texas Section 241.015 - Incorporation Of Airport Zoning Regulation Into Comprehensive Zoning Ordinance
A political subdivision may incorporate an airport zoning regulation in a comprehensive zoning ordinance and administer and enforce it in connection with the administration and...
- Texas Section 241.016 - Airport Zoning Commission
(a) Before an airport zoning regulation may be adopted, a political subdivision acting unilaterally under Section 241.013 must appoint an airport zoning commission. If the...
- Texas Section 241.017 - Procedural Limitations Applying To Adoption Of Zoning Regulations
(a) The governing body of a political subdivision may not hold a public hearing or take other action concerning an airport zoning regulation until it...
- Texas Section 241.018 - Reasonableness Of Airport Zoning Regulations
(a) An airport zoning regulation must be reasonable and may impose a requirement or restriction only if the requirement or restriction is reasonably necessary to...
- Texas Section 241.019 - Nonconforming Uses And Structures
Except as provided by Section 241.035, airport zoning regulations may not require: (1) changes in nonconforming land use existing on the date of the adoption...
SUBCHAPTER C ADMINISTRATIVE AGENCY AND BOARD OF ADJUSTMENT
- Texas Section 241.020 - Permits
(a) Airport zoning regulations may require that a permit be obtained before: (1) a new structure is constructed; (2) an existing structure is substantially changed...
- Texas Section 241.031 - Administrative Agency
(a) Airport zoning regulations must provide for the administration and enforcement of the regulations by an administrative agency. The administrative agency may be: (1) an...
- Texas Section 241.032 - Board Of Adjustment
(a) Airport zoning regulations must provide for a board of adjustment. (b) If a zoning board of appeals or adjustment exists, it may be designated...
- Texas Section 241.033 - Authority Of Board
The board of adjustment shall: (1) hear and decide an appeal, as provided by Section 241.036, from an order, requirement, decision, or determination made by...
- Texas Section 241.034 - Variances
(a) A person who desires to erect or increase the height of a structure, permit the growth of an object of natural growth, or otherwise...
- Texas Section 241.035 - Hazard Marking And Lighting
If the administrative agency or board of adjustment considers it reasonable in the circumstances and advisable to accomplish the purposes of this chapter, the agency...
SUBCHAPTER D JUDICIAL REVIEW AND OTHER REMEDIES
- Texas Section 241.036 - Appeal To Board
(a) A decision of the administrative agency made in its administration of an airport zoning regulation may be appealed to the board of adjustment by:...
- Texas Section 241.041 - Judicial Review Of Board Decision
(a) A person who is aggrieved or a taxpayer who is affected by a decision of a board of adjustment, or the governing body of...
- Texas Section 241.042 - Trial By Court
(a) The court, in an appeal from a decision of a board of adjustment as provided by Section 241.041, shall try and determine the case...
- Texas Section 241.043 - Effect Of Holding Of The Court
If the court holds that an airport zoning regulation, although generally reasonable, interferes with the use or enjoyment of a particular structure or parcel of...
SUBCHAPTER Z MISCELLANEOUS PROVISIONS
- Texas Section 241.044 - Additional Remedies
(a) A political subdivision or joint airport zoning board adopting airport zoning regulations may bring an action in a court of competent jurisdiction to prevent,...
- Texas Section 241.901 - Conflict Of An Airport Hazard Area Zoning Regulation With Another Regulation
(a) If an airport hazard area zoning regulation conflicts with any other regulation applicable to the same area, the more stringent limitation or requirement controls....
- Texas Section 241.902 - Conflict Of An Airport Compatible Land Use Zoning Regulation With Another Regulation
(a) If an airport compatible land use zoning regulation conflicts with any other regulation applicable to the same area, the airport compatible land use zoning...
- Texas Section 241.903 - Acquisition Of Air Rights Or Other Property
(a) A political subdivision may acquire from a person or other political subdivision an air right, aviation easement, or other estate or interest in property...
Last modified: September 28, 2016