Texas Planning and Zoning Law

This pathfinder sets forth legal resources for use by city staff and citizen members of a Planning and Zoning Commission ("P & Z") and/or a Zoning Board of Adjustment ("ZBOA"). In addition to zoning law, material is also provided on administrative law regarding public meetings and records. A board cannot function without strict adherence to the Sunshine Act and the Open Records Act, and each of those subjects would be substantial pathfinders in their own right.

Primary Sources

Government in the Sunshine Act, Pub.L.No. 94-409, 90 Stat.1241, (1976). "It is hereby declared to be the policy of the United States that the public is entitled to the fullest practicable information regarding the desisionmaking processes of the Federal Government. It is the purpose of this Act to provide the public with such information while protecting the rights of individuals and the ability of the Government to carry out its responsibilities."

Government in the Sunshine Act, 5 U.S.C.s552b (1976).

Tex.Gov't Code Ann. s552 (West 1994 & Supp.1998).
Texas Open Meetings Act. To protect the public's interest in knowing the workings of its governmental bodies.

Tex.Gov't Code Ann. s551 (West 1994 & Supp.1998).
Texas Open Records Act. "The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created."

Tex.Loc.Gov't Code Ann. s211 (West 1988 & Supp.1998).
Municipal Zoning Authority. "The powers granted under this subchapter are for the purpose of promoting the public health, safety, morals, or general welfare and protecting and preserving places and areas of historical, cultural, or architectural importance and significance."

Tex.Loc.Gov't Code Ann. s212 (West 1988 & Supp.1998).
Municipal Regulation of Subdivisions and Property Development.

Lewisville City Charter, s8.03 and 8.04.
Planning Commission.

City of Lewisville General Development Ordinance, 1994, Rev.1995.
"...to provide for the orderly, safe, and healthful development within the City of Lewisville, Texas, and to promote the health, safety, and general welfare of the community."

Euclid, Ohio v. Ambler Realty Co., 272 U.S.365 (1926).
Supreme Court favors legality of zoning ordinance.

Spann v. City of Dallas, 235 S.W. 513 (1921).
A percentage of the property owners in a neighborhood must approve any use other than residential.

Lombardo v. City of Dallas, 73 S.W.2d 475 (1934).
Texas Supreme Court holds the Texas zoning statutes valid.

City of Bellaire v. Lamkin, 317 S.W.2d (1958).
Though zoning is restrictive, it must be for the health, safety, morals, and general welfare of the public to be valid.

Secondary Sources

5 U.S.C.S. s552b (Michie).
Open Meetings.

5 U.S.C.A. s552b (West 1996 & Supp.1997).
Open Meetings.

83 Am.Jur. 2d Zoning and Planning (1992 & Supp.1997).

101 C.J.S. Zoning (1958 & Supp.1997). 101A C.J.S. Zoning and Land Planning (1979 & Supp.1997).

96 Federal Practice Digest, Zoning and Planning (West Group 1992 & Supp.1997).

1 Texas Digest 2d, Administrative Law s124-127, Meetings (West 1982 & Supp.1997).

52 Texas Digest 2d, Zoning and Planning (West 1984 & Supp.1997).

77 Texas Jurisprudence 3d, Zoning (1991 & Supp.1997).

Mixon, John. Texas Municipal Zoning Law 2d. Charlottesville,Va.: Michie,1996.
One volume loose-leaf used regularly by the Lewisville City Attorney.

Anderson, Arthur J., and William S. Dahlstrom. Texas Zoning and Land Use Forms. Charlottesville,Va.: Michie, 1992.
Used by the Lewisville City Attorney.

McQuillin, Eugene. The Law of Municipal Corporations 3d. Deerfield,Il: Clark Boardman Callaghan.
Loose-leaf, 20+ volume set.V.8, Chap.25, Zoning, (1991 & Supp.1997). V.8A, Chap.25, Zoning con'd, (1994 & Supp.1997). V.4 s13.07, Meetings of Council, (1992 & Supp.1997).

Dorfman, Richard A. and Joy London, ed. Index to Legal Periodicals & Books. New York: H.W.Wilson, 1997. Zoning, See also Building laws, City planning, Historic preservation, Regional Planning.

Lexis/Nexis: the Lewisville City Attorney uses the combined courts, agencies, and attorney general file, the Texas Law Reviews file, and section 211 of the Texas Local Gov't Code which is found in Vernon's Statutes. Telephone and email interview with Ron Neiman, Neiman & Barnes, Lewisville City Attorney (Nov.4, 1997).

Texas Chapter of the American Planning Association website includes a link to "the largest collection of planning-related articles on the Web!" The American Planning Association includes a link to APA publications and excerpts from Planning magazine. Telephone interview with Gene Lewis, Director of Planning, City of Lewisville (Nov.30, 1997).

Amazon.com, a web-based book store offers numerous books on zoning in Texas and related subjects. Although some are reviewed by readers, they generally have not been evaluated at that site by professionals.

Macy, John, Presenting a Case to a Local Board,The Compleat Lawyer, Summer 1997 (Nov.24,1997)

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