Between Austin, San Antonio, Houston & Bryan/College Station. One other statutory provision can come into play in extraordinary circumstances. Together these are the powers the county loses authority to apply in areas where an ETJ has been adopted. Also authorized are regulations dealing with explosives, dangerous animals, disposal of trash, garbage and solid wastes, and parking areas. North Carolina cities have since 1959 had the authority to apply their land development regulations to a perimeter area around the city. In sum, municipalities have exclusive jurisdiction for development regulations both within the city limits and within an established municipal ETJ. Porter is north of the Kingwood area of Houston. You can also access the map book street, park and subdivision index, as well as the map page update log The table below summarizes this allocation of responsibility. Where countywide zoning is in place, both the city and county regulations are usually incorporated into a zoning ordinance and the allocation of jurisdiction within the ETJ is clear. 113A-60). 153A-122. if ( notice ) In a SOG survey of N.C. cities completed in 2005, 62% of responding cities had adopted extraterritorial planning jurisdiction (including 85% of the cities with populations over 10,000). This site uses Akismet to reduce spam. This area is the municipal extraterritorial planning jurisdiction, commonly referred to as the city “ETJ.” This authority is described in this, . Using your example, could the county elect not to enforce it’s nuisance lot ordinance within the ETJ? The measurement is determined by the government census. provide that the county has exclusive jurisdiction for planning and development regulations in all parts of the county that are outside of city corporate limits and that are outside of an established ETJ. Examples include regulations on telecommunication towers, high impact industries, wind and solar energy facilities, adult businesses, manufactured home parks, and signs. In these circumstances, there can be overlapping city and county regulation of the same topic with ETJ areas. Zoning, Land Use, Census Tracts Citywide Maps City Limits, ETJ, Annexation, City Location, TIRZs & PIDs, City Voting Districts Map Book Access the entire city broken down into 8.5x11 pages. Download in CSV, KML, Zip, GeoJSON, GeoTIFF or PNG. A city is not allowed to apply an ordinance in the ETJ that it is not also applying within the city. But since the statute says the county may apply a general police power ordinance to any area outside a city (instead of saying it must be applied to all areas outside a city), it seems this is a legally permissable option for the county. H OUSTON, TX. The caller said there are several old refrigerators, some discarded furniture, and “a whole bunch of other junk” scattered about the yard. City of Mont Belvieu. The goal of the GIS division is to serve the geographic information system and geospatial needs of the City of Houston across departments and among all staff and citizens. display: none !important; Article 6 also includes authorization for a variety of specific ordinances. The City of Houston does not have zoning, but development is governed by ordinance codes that address how property can be subdivided. Use or reproduction of this data is strictly prohibited absent written consent from the Houston-Galveston Area Council, which may be contacted at the Houston-Galvaston Areal Council website. 153A-121, which allows counties to adopt regulations to protect the “health, safety, or welfare of its citizens and the peace and dignity of the county” and to prevent nuisances. 160A-360(c) and 153A-320 provide that the county has exclusive jurisdiction for planning and development regulations in all parts of the county that are outside of city corporate limits and that are outside of an established ETJ. zoning.” “Spot zoning” is the illegal practice of zoning a single tract of land in a manner that is incompatible with the surrounding area and in a manner that is incompatible with the city’s zoning ordinance and comprehensive plan. So does Houston’s utter lack lack of zoning, and relentless development in flood-prone areas. Request Additional Information Jessica Glavas Real Estate Project Manager 913-905-2026 jglavas@quiktrip.com City of Angleton 121 S. Velasco Porter is an unincorporated community in Montgomery County in southeastern Texas within the Houston–The Woodlands–Sugar Land metropolitan area. However, there is no adopted, City-wide, Zoning Ordinance within the City of Houston Full Purpose Jurisdiction but building lines for new developments must still be regulated. Planning & Zoning. Official Zoning Map. However, for the claim to be effective in the external territory, it must be agreed either with the legal authority in the external territory, or with a legal authority that covers both territories. As a first step in the investigation, the inspector looked up the property information for the site of the alleged violation to verify the property ownership. "My City - Houston" provides access to mapped information about where activities and projects are occurring. In conclusion, the critical inquiry in determining whether a city or county ordinance is applicable in an ETJ is to discern the source of authority for the ordinance. . 160A-360(d). ETJ is not limited by county lines. There is one cautionary note, however. The P&D Department has developed an enterprise level GIS to serve the entire City of Houston. The city would have to consult with eac affected county, but ETJ can cros county lines. The inspector told her the county did indeed have a nuisance lot ordinance and it sounded like this might well be a violation, so he would investigate and let her know what he found. The “Article” this authorization refers to is Article 19 of Chapter 160A of the General Statutes. The city of Houston does not have zoning but development is governed by codes that address how property can be subdivided. A Planned Unit Development (PUD) is intended for large or complex developments under unified control planned as a single continuous project, to allow single or multi-use projects within its boundaries and provide greater design flexibility for development proposed within the PUD. The City of Leander adopted a Small Cell Node Ordinance to allow certain wireless network providers to install wireless facilities in the public rights-of-way in accordance with a design manual. , 164 N.C. App. City of Collinsville Zoning Ordinance. Zoning Map City Limits and ETJ Map. He knew the city handled all complaints about zoning violations in this area, but what about this situation? 162, 595 S.E.2d 233 (2004). Summey Outdoor Advertising, Inc. v. County of Henderson, 96 N.C. App. When unqualified, ETJ usually refers to such an … So what powers does this Article cover? 42.001. The City of Sugar Land provides public access to view and query city maps. Chapel Hill, NC 27599-3330 − The City codes do not address land use. } )(120000); setTimeout( Please reload the CAPTCHA. Ordinances with Dual Sources of Authority. An ETJ is measured from any given city limit line to a mile out or more depending on the population of the adjacent town / city. NOTE - You can use these HTML tags and attributes:
. I really enjoy your work. This includes zoning and subdivision regulation, building code enforcement, historic districts, and minimum housing codes. He joined the Randle Law Office in 2015. In 2010, its population was estimated at 25,769. 113A-208), and sedimentation and erosion control ordinances (G.S. Year to Date Zoning Map. The Questions and Answers listed below were derived from a Zoning Informational Meeting held Tuesday, April 3, 2012 and a Special Council Workshop on Zoning that was held Tuesday, April 10, 2012 at the Irene Stern Community Center. 160A-193. ( function( timeout ) { For the most part, all of the standard development regulations a city can adopt are authorized by Article 19. The county would need to have some rational basis for doing this, such as some consideration of where there is the most pressing need for regulation or considering allocation of enforcement resources to line up with jurisdiction for other ordinances. Additionally, given it is within the city of Houston ETJ, the site isn’t restricted by zoning. 160A-181.1, which authorizes regulation of adult businesses, is a general police power authority, but it explicitly provides that these regulations can also be adopted as part of a zoning ordinance. MunicodeNEXT, the industry's leading search application with over 3,300 codes and growing! Drew Shirley is a Houston attorney with experience in tort and business litigation and business and real estate transactions. Sandy Mush Properties, Inc. v. Rutherford County, 164 N.C. App. I AGREE | I DISAGREE. There is no comparable authority for the city and county to mutually agree to apply city regulations to portions of the county outside of the city boundary and outside of an established ETJ area. Scope of Development Regulations Affected by the ETJ. Many North Carolina cities have exercised this authority to apply city planning and development regulations to these perimeter areas. A typical example is a sign regulation, which in some jurisdictions is a separate general police power ordinance while in other jurisdictions it is part of a zoning ordinance. 143-215.54), mountain ridge protection regulations (G.S. Shirley graduated cum laude from Duke University, then received two advanced degrees – a master’s in journalism and a law degree – from the University of Texas at Austin. Zoning Street Atlas 2015. Article 2: Jurisdiction o The Jurisdiction of this board includes all property within the city limits of Collinsville, Texas, as well as any and all property within the extra-territorial jurisdiction (ETJ) of the city. If it is authorized and adopted as a development regulation, the city has jurisdiction. Extraterritorial jurisdiction is the legal ability of a government to exercise authority beyond its normal boundaries. The use of this power has led many to question the constitutionality of ETJ. 160A-176.1, -176.2). G.S. Some ordinances, however, can be adopted either as a general police power ordinance or incorporated within a development regulation, such as a zoning ordinance or a unified development ordinance. Article 18 provides for county planning, zoning, subdivision regulations, development agreements, regulation of wireless telecommunication facilities, building inspection, and community development programs. Issues with dual authority ordinances arise most frequently in the thirty-six counties that do not have countywide zoning. Hi David, thank you for this article. function() { Its objectives include providing compliance with the Airport Hazard Area Ordinance, Chapter 9 Article VII; easing the identification of airspace restrictions impacting permit approval; integrating with the Federal Aviation Administration�s Notice Criteria Tool for Obstruction Evaluation website. Flood Zoning Map. As you navigate our website, you can use the “Add Page to Report” button to add any page or property to a custom report that you can print out or save. In addition to these provisions on application of development regulations in an established ETJ, there is a statutory provision dating back to 1917 that authorizes cities to abate public health and safety nuisances that are within one mile of a city. So a CUP in the ETJ is processed just like a CUP in the city. Another great blog, David. Within this Article there is both a general authorization of ordinances and a number of specific types of ordinances that are explicitly set forth. Lockhart Annexation History Map. G.S. Application of municipal subdivision regulation to an ETJ is clear, but one court has indicated in 162, 595 S.E.2d 233 (2004). Many of the counties without county wide zoning, however, have adopted general police power ordinances on a variety of topics that are typically incorporated into zoning or unified development ordinances. In addition, several of the municipal authorizations noted above also provide for county use of the tool outside of city jurisdiction. A city is not allowed to apply an ordinance in the ETJ that it is not also applying within the city. Once a city follows the required process of establishing an ETJ, the exact same zoning rules apply there as apply inside the city limits. In these instances, city zoning still applies in the ETJ, but so does the county general police power regulation. G.S. CODE Section 51A-8.104. All of these county general police power regulations may be applied by the county within a municipal ETJ. The county zoning inspector received a call from a citizen complaining about a large accumulation of junk in a neighbor’s back yard.
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