Texas Local Government Code 231.138 – Special Exception
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(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.
Terms Used In Texas Local Government Code 231.138
- Municipality: means a general-law municipality, home-rule municipality, or special-law municipality. See Texas Local Government Code 1.005
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
(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.