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MapLink™ | Procedures | Exemptions for Ordinances, Requirements and Programs

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Exemptions for Ordinances, Requirements and Programs
The prohibitions in § 9.03.262: Prohibitions on enforcement do not apply to the following ordinances, requirements or programs of the city or state, and the officials responsible for enforcement of the city’s zoning ordinance and building codes, as designated by city charter, ordinance or other authorization of the city, shall apply all regulations and standards prescribed by such enactments, requirements or programs, whether such ordinances, requirements or programs existing or hereafter adopted or established, to the fullest extent therein provided:

(1) A local amendment of a building code to conform to local concerns if the amendment does not conflict with § 9.03.262(a) or (§ 9.03.262(b);

(2) A program established by a state agency that requires particular standards, incentives, or financing arrangements in order to comply with requirements of a state or federal funding source or housing program;

(3) A requirement for a building necessary to consider the building eligible for windstorm and hail insurance coverage under chapter 2210, Texas Insurance Code;

(4) An ordinance or other regulation that regulates outdoor lighting that is adopted for the purpose of reducing light pollution and that:
(A) Is adopted by a governmental entity that is certified as a dark sky community by the International Dark-Sky Association as part of the International Dark Sky Places Program; or
(B) Applies to outdoor lighting within five miles of the boundary of a military base in which an active training program is conducted;
 
(5) An ordinance that regulates outdoor lighting and is adopted under subchapter B, chapter 229, Texas Local Government Code, or under subchapter B, chapter 240, Texas Local Government Code; or

(6) Installation of a fire sprinkler protection system under Texas Occupation Code, section 1301.551(i), or under Texas Health and Safety Code, section 775.045(a)(1).