Tex. Local Government Code § 218.102
This is the official text of Tex. Local Government Code § 218.102, part of Texas’s Local Government Code — governs the powers and operations of Texas cities and counties.
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§ 218.102. REGULATION OF MIXED-USE RESIDENTIAL AND MULTIFAMILY RESIDENTIAL USE OR DEVELOPMENT.
Official statutory text
(a) Notwithstanding any other law, a municipality may not adopt or enforce an ordinance, zoning restriction, or other regulation that:
(1) imposes on a mixed-use residential or multifamily residential development:
(A) a limit on density that is more restrictive than the greater of:
(i) the highest residential density allowed in the municipality; or
(ii) 36 units per acre;
(B) a limit on building height that is more restrictive than the greater of:
(i) the highest height that would apply to an office, commercial, retail, or warehouse development constructed on the site; or
(ii) 45 feet; or
(C) a setback or buffer requirement that is more restrictive than the lesser of:
(i) a setback or buffer requirement that would apply to an office, commercial, retail, or warehouse development constructed on the site; or
(ii) 25 feet;
(2) requires a mixed-use residential or multifamily residential development to provide:
(A) more than one parking space per dwelling unit; or
(B) a multilevel parking structure;
(3) restricts the ratio of the total building floor area of a mixed-use residential or multifamily residential development in relation to the lot area of the development; or
(4) requires a multifamily residential development not located in an area zoned for mixed-use residential use to contain nonresidential uses.
(b) Notwithstanding any other law, if a municipal authority responsible for approving a building permit or other authorization required for the construction of a mixed-use residential or multifamily residential development determines that a proposed development meets municipal land development regulations in accordance with this subchapter, the municipal authority:
(1) shall administratively approve the permit or other authorization; and
(2) may not require further action by the governing body of the municipality for the approval to take effect.
(1) imposes on a mixed-use residential or multifamily residential development:
(A) a limit on density that is more restrictive than the greater of:
(i) the highest residential density allowed in the municipality; or
(ii) 36 units per acre;
(B) a limit on building height that is more restrictive than the greater of:
(i) the highest height that would apply to an office, commercial, retail, or warehouse development constructed on the site; or
(ii) 45 feet; or
(C) a setback or buffer requirement that is more restrictive than the lesser of:
(i) a setback or buffer requirement that would apply to an office, commercial, retail, or warehouse development constructed on the site; or
(ii) 25 feet;
(2) requires a mixed-use residential or multifamily residential development to provide:
(A) more than one parking space per dwelling unit; or
(B) a multilevel parking structure;
(3) restricts the ratio of the total building floor area of a mixed-use residential or multifamily residential development in relation to the lot area of the development; or
(4) requires a multifamily residential development not located in an area zoned for mixed-use residential use to contain nonresidential uses.
(b) Notwithstanding any other law, if a municipal authority responsible for approving a building permit or other authorization required for the construction of a mixed-use residential or multifamily residential development determines that a proposed development meets municipal land development regulations in accordance with this subchapter, the municipal authority:
(1) shall administratively approve the permit or other authorization; and
(2) may not require further action by the governing body of the municipality for the approval to take effect.
Status: in_force · Read it on the official government site
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