| 1 | 1 | | 87R3055 DRS-F |
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| 2 | 2 | | By: Buckingham S.B. No. 631 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to municipal board of adjustment zoning variances based on |
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| 8 | 8 | | unnecessary hardship. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 211.009, Local Government Code, is |
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| 11 | 11 | | amended by adding Subsection (b-1) to read as follows: |
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| 12 | 12 | | (b-1) In exercising its authority under Subsection (a)(3), |
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| 13 | 13 | | the board may consider the following as grounds to determine |
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| 14 | 14 | | whether compliance with the ordinance as applied to a structure |
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| 15 | 15 | | that is the subject of the appeal would result in unnecessary |
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| 16 | 16 | | hardship: |
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| 17 | 17 | | (1) the financial cost of compliance is greater than |
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| 18 | 18 | | 50 percent of the appraised value of the structure as shown on the |
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| 19 | 19 | | most recent appraisal roll certified to the assessor for the |
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| 20 | 20 | | municipality under Section 26.01, Tax Code; |
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| 21 | 21 | | (2) compliance would result in a loss to the lot on |
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| 22 | 22 | | which the structure is located of at least 25 percent of the area on |
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| 23 | 23 | | which development may physically occur; |
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| 24 | 24 | | (3) compliance would result in the structure not being |
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| 25 | 25 | | in compliance with a requirement of a municipal ordinance, building |
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| 26 | 26 | | code, or other requirement; |
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| 27 | 27 | | (4) compliance would result in the unreasonable |
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| 28 | 28 | | encroachment on an adjacent property or easement; or |
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| 29 | 29 | | (5) the municipality considers the structure to be a |
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| 30 | 30 | | nonconforming structure. |
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| 31 | 31 | | SECTION 2. Section 211.009(b-1), Local Government Code, as |
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| 32 | 32 | | added by this Act, applies only to an appeal filed with a municipal |
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| 33 | 33 | | board of adjustment on or after the effective date of this Act. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2021. |
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