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Texas Local Government Code - LOC GOV'T § 211.055. Small Lots

Current as of January 01, 2024 | Updated by Findlaw Staff

<Text of § 211.055 as added by Acts 2025, 89th Leg., ch. 1127 (S.B. 15), § 1.  See, also, § 211.055 as added by Acts 2025, 89th Leg., ch. 841 (S.B. 1567), § 1. >

(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.

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Cite this article: FindLaw.com - Texas Local Government Code - LOC GOV'T § 211.055. Small Lots - last updated January 01, 2024 | https://codes.findlaw.com/tx/local-government-code/loc-gov-t-sect-211-055-nr2/

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