{"data":{"id":"us-tx/tex.-local-government-code-218.102","jurisdiction":"us-tx","citation":"Tex. Local Government Code § 218.102","heading":"REGULATION OF MIXED-USE RESIDENTIAL AND MULTIFAMILY RESIDENTIAL USE OR DEVELOPMENT.","body":"(a) Notwithstanding any other law, a municipality may not adopt or enforce an ordinance, zoning restriction, or other regulation that:\n(1) imposes on a mixed-use residential or multifamily residential development:\n(A) a limit on density that is more restrictive than the greater of:\n(i) the highest residential density allowed in the municipality; or\n(ii) 36 units per acre;\n(B) a limit on building height that is more restrictive than the greater of:\n(i) the highest height that would apply to an office, commercial, retail, or warehouse development constructed on the site; or\n(ii) 45 feet; or\n(C) a setback or buffer requirement that is more restrictive than the lesser of:\n(i) a setback or buffer requirement that would apply to an office, commercial, retail, or warehouse development constructed on the site; or\n(ii) 25 feet;\n(2) requires a mixed-use residential or multifamily residential development to provide:\n(A) more than one parking space per dwelling unit; or\n(B) a multilevel parking structure;\n(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\n(4) requires a multifamily residential development not located in an area zoned for mixed-use residential use to contain nonresidential uses.\n(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:\n(1) shall administratively approve the permit or other authorization; and\n(2) may not require further action by the governing body of the municipality for the approval to take effect.\nAdded by Acts 2025, 89th Leg., R.S., Ch. 778 (S.B. 840), Sec. 2, eff. September 1, 2025.\nAdded by Acts 2025, 89th Leg., R.S., Ch. 1026 (S.B. 2477), Sec. 1, eff. September 1, 2025.","path":["LOCAL GOVERNMENT CODE","TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES","SUBTITLE A. MUNICIPAL REGULATORY AUTHORITY","CHAPTER 218. REGULATION OF MIXED-USE AND MULTIFAMILY RESIDENTIAL USE AND DEVELOPMENT IN CERTAIN MUNICIPALITIES","SUBCHAPTER B. ZONING AND DEVELOPMENT REGULATIONS"],"source_url":"https://statutes.capitol.texas.gov/Docs/LG/htm/LG.218.htm#218.102","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:27Z","sha256":"f92218111efc5618ac425f268d7f484a6ad1d7482190e603a66d10f0ec8113d6","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-local-government-code-218.101","next":"us-tx/tex.-local-government-code-218.201"},"notice":"GroundRules: Original legal text. Not legal advice."}