Texas § LG.211.055 - SMALL LOTS

§ LG.211.055. SMALL LOTS

SMALL LOTS. (a) Except as provided by this section, a municipality may not adopt or enforce an ordinance, rule, or other measure that requires a small lot to have: (1) a building plane or other setback greater than: (A) 15 feet from the front or 10 feet from the back of the property; or (B) five feet from the side of the property; (2) covered parking; (3) more than one parking space per unit; (4) off-site parking; (5) more than 30 percent open space or permeable surface; (6) fewer than three full stories not exceeding 10 feet in height measured from the interior floor to ceiling; (7) a maximum building bulk; (8) a wall articulation requirement; or (9) any other zoning restriction that imposes restrictions inconsistent with this subsection, including restrictions through contiguous zoning districts or uses or from the creation of an overlapping zoning district. (a-1) Notwithstanding Subsection (a)(1), a municipality may require with respect to a small lot a setback related to environmental features, erosion, or waterways, to the extent authorized by federal or other state law. (b) A municipality may require with respect to a small lot: (1) the sharing of a driveway with another lot; (2) permitting fees equivalent to the permitting fees charged for the development of a lot the use of which is restricted to a single-family residence; or (3) impact fees, to the extent authorized by Chapter 395 . (c) Notwithstanding Subsection (a)(5), a municipality may adopt or enforce an ordinance, rule, or other measure with respect to a small lot that: (1) applies to land located in an aquifer recharge zone; and (2) relates to the protection of an aquifer. Added by Acts 2025, 89th Leg., R.S., Ch. 1127 (S.B. 15 ), Sec. 1, eff. September 1, 2025.