Sec. 212.152. DEFINITION  


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  • In this subchapter, "restriction" means a land-use regulation that:

    (1) affects the character of the use to which real property, including residential and rental property, may be put;

    (2) fixes the distance that a structure must be set back from property lines, street lines, or lot lines;

    (3) affects the size of a lot or the size, type, and number of structures that may be built on the lot;

    (4) regulates or restricts the type of activities that may take place on the property, including commercial activities, sweepstakes activities, keeping of animals, use of fire, nuisance activities, vehicle storage, and parking;

    (5) regulates architectural features of a structure, construction of fences, landscaping, garbage disposal, or noise levels; or

    (6) specifies the type of maintenance that must be performed on a lot or structure, including maintenance of a yard or fence.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Renumbered from Local Government Code, Sec. 230.002 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(1), eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 1044, Sec. 1, eff. Sept. 1, 2003. Renumbered from Local Government Code, Sec. 212.132 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(107), eff. Sept. 1, 2003.