HB878 - Relating to the regulation of residential land use and accessory dwelling units by a political subdivision; authorizing a fee.

  89R3182 MP-F     By: Vasut H.B. No. 878       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of residential land use and accessory   dwelling units by a political subdivision; authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 211, Local Government Code, is amended   by adding Subchapter D to read as follows:   SUBCHAPTER D. RESIDENTIAL ZONING LIMITATIONS IN CERTAIN   MUNICIPALITIES           Sec.   211.051.     DEFINITION. In this subchapter, "small lot"   means a residential lot that is 4,000 square feet or less.           Sec.   211.052.     APPLICABILITY. This subchapter applies only   to a municipality:                 (1)  with a population of 85,000 or more; and                 (2)     that is wholly or partly located in a county with a   population of one million or more.           Sec.   211.053.     CONSTRUCTION OF SUBCHAPTER. This subchapter   may not be construed to affect requirements directly related to   sewer or water services.           Sec.   211.054.     CERTAIN DWELLING UNIT LOT SIZE REQUIREMENTS   PROHIBITED. A municipality may not adopt or enforce an ordinance,   rule, or other measure that requires:                 (1)  a residential lot to be:                       (A)  larger than 2,500 square feet;                       (B)  wider than 16 feet; or                       (C)  deeper than 30 feet; or                 (2)     if regulating the density of dwelling units on a   residential lot, a ratio of dwelling units per acre that results in   fewer than 31.1 units per acre.           Sec.   211.055.     SMALL LOTS. (a) A municipality may not adopt   or enforce an ordinance, rule, or other measure that requires a   small lot to have:                 (1)     a building, waterway, plane, or other setback   greater than:                       (A)     five feet from the front or 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.           (b)  A municipality may require with respect to a small lot:                 (1)  the sharing of a driveway with another lot; or                 (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.           Sec.   211.056.     NO EFFECT ON OTHER ZONING AUTHORITY. This   subchapter does not prohibit a municipality from imposing   restrictions that are applicable to all similarly situated lots or   subdivisions, including requiring all subdivisions or all small   lots to fully mitigate stormwater runoff.           Sec.   211.057.     NO EFFECT ON HOMEOWNERS'   ASSOCIATIONS AND   OTHER PRIVATE AGREEMENTS.   This subchapter does not prohibit   property owners from enforcing rules or deed restrictions imposed   by a homeowners'   association or by other private agreement.           Sec.   211.058.     SPECIAL EXCEPTION. (a)   The owner of a   property that is subject to the provisions of this subchapter may   apply for a special exception from the lot or building requirements   of this subchapter.           (b)  An application submitted under Subsection (a) must:                 (1)     propose to exempt a contiguous area subject to   this subchapter and designated only for single-family residential   use; and                 (2)  demonstrate:                         (A)     the approval of at least 51 percent of the   owners of the property located on a block face that is the subject   of the application, if the application proposes to exempt an area   containing all lots located on at least one block face and not more   than two opposing block faces; or                       (B)     the approval of at least 55 percent of the   owners of property located in the area that is the subject of the   application, if the application proposes to exempt an area   containing:                             (i)     all lots located on at least five block   faces composed of five or more lots; and                             (ii)     not more than 500 lots within the same   subdivision plat or 400 lots within two or more subdivision plats.           (c)     A municipality shall adopt procedures that comply with   this chapter for providing notice, a hearing, and appeal of any   decision to approve or deny an application submitted under   Subsection (a).           (d)     A special exception granted under this section may not   require a property to exceed the minimum lot size requirements for   other properties subject to the zoning regulations applicable to   the property.           Sec.   211.059.     PROPERTY OWNER ACTION. (a)   A property owner   may bring an action against a municipality that violates this   subchapter for damages resulting from the violation and appropriate   equitable relief.           (b)     A court may award a prevailing claimant reasonable   attorney's fees incurred in bringing an action under this section.   The claimant may not recover exemplary damages in the action.           (c)     Governmental immunity of a municipality to suit and from   liability is waived to the extent of liability created by this   section.          SECTION 2.  Chapter 231, Local Government Code, is amended   by adding Subchapter N to read as follows:   SUBCHAPTER N. LAND USE REGULATIONS FOR HIGH DENSITY RESIDENTIAL   AREAS IN CERTAIN COUNTIES           Sec.   231.301.     DEFINITION. In this subchapter, "high   density residential area" means an area of land that:                 (1)  is in the unincorporated area of a county; and                 (2)  has more than two dwelling units per acre.           Sec.   231.302.     APPLICABILITY.   This subchapter applies only   to a high density residential area that:                 (1)     is located in a county with a population of less   than one million; and                 (2)     is not subject to other zoning authority provided   by this chapter.           Sec.   231.303.     LIMITED LAND USE REGULATION IN HIGH DENSITY   RESIDENTIAL AREAS. (a)   The commissioners court of a county may by   order regulate the use of land located in a high density residential   area in relation to:                 (1)  health and safety; or                 (2)     the quiet enjoyment of property, including   regulations of noise and signage.           (b)     The commissioners court of a county may enter into an   agreement under Chapter 791, Government Code, with a law   enforcement agency for the purpose of enforcing an order adopted   under this section.           Sec.   231.304.     PLATTING IN HIGH DENSITY RESIDENTIAL AREAS.   The commissioners court of a county may by order regulate the   platting of high density residential areas.   The order may not   limit:                 (1)  lot sizes to be less than 10,000 square feet; or                 (2)  lot width to be less than 100 square feet.          SECTION 3.  Subtitle C, Title 7, Local Government Code, is   amended by adding Chapter 249 to read as follows:   CHAPTER 249. REGULATION OF ACCESSORY DWELLING UNITS BY POLITICAL   SUBDIVISIONS           Sec.   249.001.     DEFINITION. In this chapter, "accessory   dwelling unit" means a residential housing unit that is:                 (1)     located on any lot that is zoned for a   single-family home or duplex or is not zoned;                 (2)     independent of the attached or detached primary   dwelling unit; and                 (3)     a complete and independent living facility for at   least one individual.           Sec.   249.002.     CERTAIN REGULATIONS PROHIBITED. (a) A   political subdivision may not adopt or enforce an order, ordinance,   or other measure that:                 (1)     prohibits an owner of a lot described by Section   249.001(1) from building an accessory dwelling unit before, after,   or concurrently with the building of the primary dwelling unit on   the lot;                 (2)     subject to Section 249.003(e), prohibits the owner   from selling or entering into a residential lease of an accessory   dwelling unit;                 (3)     requires any owner occupancy of the primary   dwelling unit;                 (4)     subject to Subsection (b), requires parking for an   accessory dwelling unit;                 (5)     requires a minimum lot size for an accessory   dwelling unit that is larger than the minimum lot size required by   the political subdivision for:                       (A)     a single-family home or duplex, as   applicable, in a lot zoned fo [Text truncated for display. 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