87R3055 DRS-F
By: Buckingham S.B. No. 631
A BILL TO BE ENTITLED
AN ACT
relating to municipal board of adjustment zoning variances based on
unnecessary hardship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 211.009, Local Government Code, is
amended by adding Subsection (b-1) to read as follows:
(b-1) In exercising its authority under Subsection (a)(3),
the board may consider the following as grounds to determine
whether compliance with the ordinance as applied to a structure
that is the subject of the appeal would result in unnecessary
hardship:
(1) the financial cost of compliance is greater than
50 percent of the appraised value of the structure as shown on the
most recent appraisal roll certified to the assessor for the
municipality under Section 26.01, Tax Code;
(2) compliance would result in a loss to the lot on
which the structure is located of at least 25 percent of the area on
which development may physically occur;
(3) compliance would result in the structure not being
in compliance with a requirement of a municipal ordinance, building
code, or other requirement;
(4) compliance would result in the unreasonable
encroachment on an adjacent property or easement; or
(5) the municipality considers the structure to be a
nonconforming structure.
SECTION 2. Section 211.009(b-1), Local Government Code, as
added by this Act, applies only to an appeal filed with a municipal
board of adjustment on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2021.