The bill amends Section 211.019 of the Local Government Code to establish new requirements for municipalities regarding nonconforming land uses following changes to zoning regulations or boundaries. It introduces a requirement for municipalities to enter into an agreement with property owners before they can mandate the cessation of a nonconforming use. This agreement must specify either the payment amount from the municipality to the property owner or the duration for which the nonconforming use may continue. Additionally, the bill outlines the rights of property owners to receive compensation for costs incurred due to the cessation of nonconforming use and allows them to continue such use under certain conditions until an agreement is reached.
Furthermore, the bill adds new sections that clarify the rights of property owners to resume nonconforming uses after changing to a conforming use, as well as the rights to continue or modify nonconforming land uses without municipal prohibition. It also allows property owners to seek declaratory relief against municipalities for violations of these provisions, waiving municipal immunity in such cases. The bill repeals certain existing provisions and specifies that the new regulations will apply to properties affected by zoning changes or requests made after the effective date of the Act, which is set for September 1, 2025.
Statutes affected: Introduced: Local Government Code 211.019 (Local Government Code 211)