113A-60). The county may apply county development regulations within a city or within an ETJ only if formally requested to do so by the city council and only if the county board of commissioners agree to do so. 160A-360(c) and. 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. While the county statutes generally do not have comparable cross-references, it is reasonable to infer that the legislative allocation to the development regulation authority for cities removes county jurisdiction for them in an ETJ as there could otherwise be overlapping ordinances on the same topic. Most of these separate authorizations do not specify whether cities or counties have jurisdiction for their application within an ETJ. The Department of Planning and Development regulates land development in Houston and within its extraterritorial jurisdiction (ETJ). City of Mont Belvieu. The source of authority chosen dictates whether the ordinance is applicable in an ETJ. But cities are not required to apply, Even if a city is not applying all of its development regulations in an ETJ, the county has no authority to apply, Construction of wireless telecommunication facilities, Stormwater control ordinances (and nonregulatory aspects of stormwater management systems), Community development grants and programs, Acquisition and disposition of property for redevelopment, Urban Development Action Grants and urban homesteading programs, Financing renewable energy and energy efficiency programs, Counties may apply a county ordinance that is. Article 18 provides for county planning, zoning, subdivision regulations, development agreements, regulation of wireless telecommunication facilities, building inspection, and community development programs. 9 G.S. Article 6 also includes authorization for a variety of specific ordinances. For the most part, all of the standard development regulations a city can adopt are authorized by Article 19. six This would involve the city filing a nuisance abatement suit, however, rather than extending municipal jurisdiction for a municipal general police power ordinance on overgrown or nuisance lots. He joined the Randle Law Office in 2015. 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. Another great blog, David. The city would have to consult with eac affected county, but ETJ can cros county lines. Ordinances with Dual Sources of Authority. A further complicating factor is that there are also city and county ordinances authorized by statutory provisions that are not within either Chapter 160A or 153A. Using your example, could the county elect not to enforce it’s nuisance lot ordinance within the ETJ? NOTE - You can use these HTML tags and attributes:
. This application is an interactive Geographic Information System (GIS) portal that gives citizens a new window into the City�s operations. 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. 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. function() { Year to Date Zoning Map. Ordinances That Remain a County Responsibility in the ETJ. notice.style.display = "block"; Lockhart Annexation History Map. This area is the municipal extraterritorial planning jurisdiction, commonly referred to as the city “ETJ.” This authority is described in this earlier blog post. G.S. }, Next Scheduled Meeting: March 02, 2021 P&Z Meeting @ 6pm AGENDA for March 2, 2021 P&Z Meeting Chapter 14 Zoning Ordinance (approved 10/16/18) Meeting Dates and Deadlines 2021; Houston has long been a case study for both zoning advocates and critics who each assert that its history supports thei r position. 160A-176) and ordinances regulating swimming, surfing, littering, and personal watercraft operation can be applied by some cities to waterways in their ETJ (G.S. 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. Zoning Street Atlas 2015. Any authority can claim ETJ over any external territory they wish. Within this Article there is both a general authorization of ordinances and a number of specific types of ordinances that are explicitly set forth. Save my name, email, and website in this browser for the next time I comment. ( function( timeout ) { PURPOSE OF EXTRATERRITORIAL JURISDICTION. 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. The table below summarizes this allocation of responsibility. , 164 N.C. App. Our courts have held that where there are two sources of authority for an ordinance, a city or county may freely elect which to use. Planning & Zoning. The City has even claimed ETJ in banning the use of fireworks within the five mile area beyond its corporate boundaries. display: none !important; If it is adopted as part of zoning, the development regulation rules apply, but if it is adopted as a general police power ordinance, those rules apply. Another example is a regulation on siting adult businesses. G.S. Boards of Mental Health, Developmental Disabilities, & Substance Abuse, Affordable Housing & Minimum Housing Codes, Professional Responsibility for Government Attorneys, Purchasing, Construction, Property Transactions, Purchasing / Purchase Contracts / Purchase Orders, Accessibility: Report a Digital Access Issue. 160A-193. 533, 386 S.E.2d 439 (1989), review denied, 326 N.C. 486, 392 S.E.2d 101 (1990). Porter is north of the Kingwood area of Houston. I serve as the ETJ rep in a small “city” in North Carolina. Analyze with charts and thematic maps. I AGREE | I DISAGREE. ETJ is not limited by county lines. G.S. The City of Houston does not have zoning, but development is governed by ordinance codes that address how property can be subdivided. Please reload the CAPTCHA. Unlike development regulations, these county ordinances can be applied in the municipal extraterritorial area. Knapp-Sanders Building 160A-360(a) provides that once a city establishes extraterritorial planning jurisdiction, it has exclusive jurisdiction for development regulations in the ETJ. o The amount of property that falls within the ETJ is defined by State law and is based In sum, municipalities have exclusive jurisdiction for development regulations both within the city limits and within an established municipal ETJ. Drew Shirley is a Houston attorney with experience in tort and business litigation and business and real estate transactions. in Texas, Houston, Victoria and Pasadena, do not have zoning. G.S. 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. All development in the ETJ is required to obtain a site plan (development permit) approvals or site plan exemptions from the City. We are pleased to provide a new online application called, "My City - Houston". Although other The use of this power has led many to question the constitutionality of ETJ. 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. Call Development Services department for a Zoning ordinance 281-659-0240. 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. The rationale is that if the statutes set specific procedural requirements (such as notice and hearing requirements) for a particular type of regulation, those procedures are mandatory and cannot be avoided by labeling the ordinance a “general police power” ordinance rather than a “development regulation.” That rationale carries over to the statutory allocation of geographic jurisdiction for the respective types of ordinances. Additionally, given it is within the city of Houston ETJ, the site isn’t restricted by zoning. 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. Porter is an unincorporated community in Montgomery County in southeastern Texas within the Houston–The Woodlands–Sugar Land metropolitan area. These include historic districts and landmarks, minimum housing codes, community appearance commissions, and open space acquisition. For more information, download the help guide. 160A-458 to -459.2. The caller said there are several old refrigerators, some discarded furniture, and “a whole bunch of other junk” scattered about the yard. The measurement is determined by the government census. The city of Houston does not have zoning but development is governed by codes that address how property can be subdivided. This site uses Akismet to reduce spam. They are authorized by Article 6 of Chapter 153A of the General Statutes. G.S. Download file; City of Lockhart 308 W. San Antonio St. P.O. = The “Article” this authorization refers to is Article 19 of Chapter 160A of the General Statutes. 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. “Contract zoning” is an illegal agreement between For most types of ordinances, there is a single source of authority and the rules above govern where city and county ordinances apply. North Carolina cities have since 1959 had the authority to apply their land development regulations to a perimeter area around the city. Box 239 Lockhart, TX 78644 Phone: (512) 398-3461 Fax: (512) 398-5103 . T: 919.966.5381 | F: 919.962.0654, This entry was posted on January 3rd, 2013 and is filed under, North Carolina cities have since 1959 had the authority to apply their land development regulations to a perimeter area around the city. Learn how your comment data is processed. Cities have comparable authority for general police power regulations set out in Article 8 of Chapter 160A of the General Statutes. HOUSTON, TX. var notice = document.getElementById("cptch_time_limit_notice_51"); Many North Carolina cities have exercised this authority to apply city planning and development regulations to these perimeter areas. Extraterritorial jurisdiction is the legal ability of a government to exercise authority beyond its normal boundaries. Zoning Map. Planning & Zoning Commission Purpose To review, advise and make recommendations to the City Council on matters relating planning and development in the City and extraterritorial jurisdiction (ETJ). If it is authorized and adopted as a general police power ordinance, the county has jurisdiction. Sandy Mush Properties, Inc. v. Rutherford County, 164 N.C. App. 160A-360(d). City of Lockhart Street Map. Discover, analyze and download data from ArcGIS Hub. Application Forms - Zoning. The table below lists the specific planning and development regulation authorities included in Article 19, and thus available for city use in the ETJ. GIS Hotline/Order a map 713-837-7777; My City - Houston Application: How can a city give a conditional use permit and impose ordinances on a tract of land in the ETJ? Please reload the CAPTCHA. GIS is a computer system capable of capturing, storing, analyzing, and displaying geographically referenced information or data. Article 18 of Chapter 153A of the General Statutes authorizes county planning and development regulations in areas not subject to city jurisdiction. Planning, Grants, and Development Programs. 113A-208), and sedimentation and erosion control ordinances (G.S. CODE § 42-2; DALLAS, TX. Notify me of follow-up comments by email. 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. The only exceptions to this limit is that these city ordinances can be applied on city-owned property outside the city (G.S. 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. Find API links for GeoServices, WMS, and WFS. Our courts have held that where there are two sources of authority for an ordinance, a city or county may freely elect which to use, Sandy Mush Properties, Inc. v. Rutherford County. G.S. The city's Geographic Information System (GIS) utilizes ESRI's ArcGIS for Server technology to provide the public with the most current data available. Zoning Map City Limits and ETJ Map. 143-215.54), mountain ridge protection regulations (G.S. At this point he discovered that although the property is located a mile and a half outside the city, it is in the city’s extraterritorial planning jurisdiction. setTimeout( 153A-122. Unlike development regulations, these county ordinances can be applied in the municipal extraterritorial area. One other statutory provision can come into play in extraordinary circumstances. Even if a city is not applying all of its development regulations in an ETJ, the county has no authority to apply any county development regulation there. provides that once a city establishes extraterritorial planning jurisdiction, it has exclusive jurisdiction for development regulations in the ETJ. Counties may apply a county ordinance that is not a development regulation listed above to any part of the county that is not within city limits. So a CUP in the ETJ is processed just like a CUP in the city. In addition, several of the municipal authorizations noted above also provide for county use of the tool outside of city jurisdiction. This area is the municipal extraterritorial planning jurisdiction, commonly referred to as the city “ETJ.” This authority is described in this, . Campus Box 3330 UNC - Chapel Hill 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. 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. CODE Section 51A-8.104. Application of municipal subdivision regulation to an ETJ is clear, but one court has indicated in So a city has authority to impose stormwater, floodplain, mountain ridge protection, and sedimentation erosion control ordinances in an established ETJ. However, unlike development regulations, city police power regulations can only be applied within the city limits and not within an ETJ area. Summey Outdoor Advertising, Inc. v. County of Henderson, 96 N.C. App. Many North Carolina cities have exercised this authority to apply city planning and development regulations to these perimeter areas. The P&D Department has developed an enterprise level GIS to serve the entire City of Houston. ETJ is the acronym for Extra Territorial Jurisdiction and is the legal ability to exercise authority of the nearest town / city's form of government. The legislature declares it the policy of the state to designate certain areas as the extraterritorial jurisdiction of municipalities to promote and protect the general health, safety, and welfare of persons residing in and adjacent to the municipalities. However, Houston does not assess fines for violations in the ETJ. We�re always interested in knowing what you think about our work and its usefulness to you.Note: This online application is compatible with the following Internet browsers: The Airspace Map is a web-based GIS application that provides ground and airspace elevation information to facilitate permitting within airport hazard areas. The rationale is that if the statutes set specific procedural requirements (such as notice and hearing requirements) for a particular type of regulation, those procedures are mandatory and cannot be avoided by labeling the ordinance a “general police power” ordinance rather than a “development regulation.” That rationale carries over to the statutory allocation of geographic jurisdiction for the respective types of ordinances. While it would be unusual to do so, I think it is legally permissible. G.S. } )(120000); H OUSTON, TX. Official Zoning Map. Download in CSV, KML, Zip, GeoJSON, GeoTIFF or PNG. Cashier's office location: 10555 Northwest Freeway, Suite 120, Houston, TX 77092 Approved Construction Plans Approved construction plans on file with Harris County Engineering Department Should he refer the complaint about the nuisance lot to the city or is this the county’s responsibility? The general authorization is G.S. G.S. 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. A city is not allowed to apply an ordinance in the ETJ that it is not also applying within the city. He knew the city handled all complaints about zoning violations in this area, but what about this situation? 143-214.7(c)), floodplain regulations (G.S. Also authorized are regulations dealing with explosives, dangerous animals, disposal of trash, garbage and solid wastes, and parking areas. Below are applications that are applicable to zoning issues: ... City of Cleveland 907 E Houston Street Cleveland, TX 77327. Between Austin, San Antonio, Houston & Bryan/College Station. Most jurisdictions typically enforce building setbacks through their zoning ordinance as different zoning areas will have different setback requirements associated with them. Citizens can access mapped information such as street maps, aerial imagery, utility services, permitting, parcel addresses, solid waste services, tax data, political boundaries, land use and much more. Extra-territorial Jurisdiction (not limited purpose annexation) – The extra-territorial jurisdiction (ETJ) is that area extending five miles outside the City of Austin corporate limits. − The City of Sugar Land provides public access to view and query city maps. But the city does not have authority to apply its general police power regulations within an ETJ. 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. All of these county general police power regulations may be applied by the county within a municipal ETJ. The National Property Rights Alliance, among others, claims that Municipal ETJs infringe upon the rights of citizens who live outside city limits and therefore cannot vote in city elections or use city services. Once a city follows the required process of establishing an ETJ, the exact same zoning rules apply there as apply inside the city limits. Take the next step and create StoryMaps and Web Maps. In our instance, the alleged violation would be covered by a nuisance lot ordinance, which is a general police power regulation. }. Houston and Dallas have extended their s ubdivision ordinances to their ETJ. 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. The county retains authority for general police power regulations within all unincorporated areas, including ETJ areas, as well as having authority to apply county development regulations to unincorporated areas of the county that are outside of both city limits and established ETJ areas. Refer to the annexation map (PDF) to see current City limits, ETJ and Zoning areas. 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. However, most of these authorizations are cross-referenced in the Article on development regulations of the city statutes. 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. City of Collinsville Zoning Ordinance. Flood Zoning Map. 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. send us your feedback, suggestions and gripes, Adobe Flash Player v. 10+ plug-in required. ); 162, 595 S.E.2d 233 (2004). 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. In a. 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). Jurisdiction for Development Regulations in the ETJ. As other segments of the real estate business adjust to the current market challenges, the industrial sector has seen an increase in activity and is looking to capitalize on the e-commerce boom. 162, 595 S.E.2d 233 (2004). Hi David, thank you for this article. Buyer to review title, verify zoning requirements and development standards related to the property during inspection period. Issues with dual authority ordinances arise most frequently in the thirty-six counties that do not have countywide zoning. The P&D Department has developed an enterprise level GIS to serve the entire City of Houston. 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. This includes zoning and subdivision regulation, building code enforcement, historic districts, and minimum housing codes. Do you know if ETJ from a municipality can cross from its origin county into another county if close enough? Examples include stormwater regulations (G.S. Demo: How to use Parcels. So in this instance the county ordinance is applicable within the city ETJ and the county inspector should proceed with his investigation. There is one cautionary note, however. 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. Chapel Hill, NC 27599-3330 Scope of Development Regulations Affected by the ETJ. 42.001. Sec. 160A-360(a) provides that cities are authorized to apply “all of the powers granted by this Article” within the ETJ. 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). A city may have some development regulations that it applies only within the corporate limits, but it may not have a development regulation that only applies in the ETJ.