SB673 - Relating to municipal and county regulation of accessory dwelling units; authorizing a fee.

  89R29061 SCL-D     By: Hughes, et al. S.B. No. 673     (Gates)     Substitute the following for S.B. No. 673:  No.       A BILL TO BE ENTITLED   AN ACT   relating to municipal and county regulation of accessory dwelling   units; authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle C, Title 7, Local Government Code, is   amended by adding Chapter 249 to read as follows:   CHAPTER 249. MUNICIPAL AND COUNTY REGULATION OF ACCESSORY DWELLING   UNITS           Sec.   249.001.     DEFINITION. In this chapter, "accessory   dwelling unit" means a residential housing unit that is:                 (1)     located on any lot that is not zoned or is zoned   for a single-family home or duplex;                 (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.     APPLICABILITY OF CHAPTER. (a)   Sections   249.004(a)(6), (7), (8), (9), (10), and (11) do not apply to a   municipality with a population of less than 150,000 or a county with   a population of less than 300,000 if the municipality or county has   adopted regulations for accessory dwelling units that:                 (1)     allow for a minimum accessory dwelling unit size   of at least 850 square feet; and                   (2)     are not more restrictive than the requirements   that would apply to a single-family home located on the site of the   accessory dwelling unit.           (b)     Nothing in this section may be construed to prohibit a   municipality or county from adopting less restrictive standards for   accessory dwelling units.           Sec.   249.003.     CONSTRUCTION OF CHAPTER. This chapter may   not be construed to affect or conflict with requirements   implementing state water quality laws, including Chapter 366,   Health and Safety Code.           Sec.   249.004.     CERTAIN REGULATIONS PROHIBITED. (a) A   municipality or county 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)     prohibits the owner from entering into a   residential lease for an accessory dwelling unit;                 (3)     requires any owner occupancy of the primary   dwelling unit;                 (4)     requires parking for an accessory dwelling unit on   a lot that:                       (A)  is less than 7,000 square feet; or                       (B)     is located within 1,320 feet of a public   transit line;                 (5)     requires a minimum lot size for an accessory   dwelling unit that is larger than the minimum lot size required by   the municipality or county for:                       (A)     a single-family home or duplex, as   applicable, in a lot zoned for that purpose; or                       (B)     an accessory dwelling unit on September 1,   2025, if the municipality or county only required a property owner   to provide notice to the municipality or county of the proposed unit   to be authorized to build the unit;                 (6)     requires side or rear building, plane, or other   setbacks, not including setbacks related to environmental   features, erosion, or waterways to the extent authorized by federal   or state law, larger than five feet for an accessory dwelling unit;                 (7)     prevents an owner of a lot zoned for a   single-family home or duplex from converting an existing structure   to an accessory dwelling unit by requiring setbacks larger than the   current structure's setbacks;                 (8)     applies the municipality's or county's local   growth restrictions or density or bulk limitations to an accessory   dwelling unit;                 (9)     provides a limitation on the square footage of an   accessory dwelling unit that is less than:                       (A)     50 percent of the square footage of the   primary dwelling unit; or                       (B)  800 square feet;                 (10)     regulates the design of an accessory dwelling   unit, including the shape, massing, or distribution of square   footage between floors;                 (11)     requires the height of an accessory dwelling unit   to be less than 14 feet, measured from floor to ceiling;                 (12)     charges an impact fee unless the accessory   dwelling unit requires:                       (A)     an increase in the size of the meter or   connection to serve the primary dwelling unit; or                       (B)     a new meter or connection for the accessory   dwelling unit;                 (13)     charges any additional fee or any exaction,   including a parkland or right-of-way dedication;                 (14)     imposes any restriction of accessory dwelling   unit occupancy on the basis of age or employment relationship with   the primary dwelling unit owner;                 (15)     prohibits construction of an accessory dwelling   unit in accordance with the current residential building code   adopted by this state or a housing regulatory authority of this   state; or                 (16)     prohibits an accessory dwelling unit based on its   orientation on the lot with respect to the primary dwelling unit if   space allows for that orientation.           (b)     Subsection (a)(4) does not limit a municipality's or   county's authority to require the replacement of parking required   for the primary dwelling unit if the accessory dwelling unit   construction eliminates the primary dwelling unit's existing   parking.           Sec.   249.005.     AUTHORIZED REGULATION. (a) Except as   provided by this chapter, a municipality or county may apply the   municipality's or county's height limitations, front setback   limitations, open space or impervious cover limitations,   floodplain requirements, waterway setbacks, environmental   setbacks, drainage requirements, requirements related to erosion,   site plan review, and other zoning requirements to the extent   authorized by federal or state law, but only if those requirements:                 (1)     would be applicable to a single-family home or   duplex located on the same site as the accessory dwelling unit; and                 (2)     are not more restrictive than the requirements   applicable to a single-family home or duplex.           (b)     A municipality or county may publish accessory dwelling   unit plans, building codes, and design standards that are permitted   in the municipality or county. Subject to Section 249.004,   standards may include height, setback, landscape, and maximum size   of an accessory dwelling unit.           (c)     A municipality or county may authorize an accessory   dwelling unit on a lot that:                 (1)     contains a structure subject to a historic   preservation law, subject to a municipality's or county's authority   to regulate under other law, including Section 211.003;                 (2)     is located in an area used to implement a water   conservation plan described by Section 11.1271 or 13.146, Water   Code; or                 (3)     is located in an area subject to a standard imposed   by the Texas Water Development Board as described by Section   3000.002(c), Government Code.           (d)     A municipality or county may apply the municipality's or   county's regulations on short-term rental units to an accessory   dwelling unit.           (e)     A municipality or county may prohibit the sale of an   accessory dwelling unit separately from the primary dwelling unit   unless:                 (1)     the accessory dwelling unit is located on a   separate lot from the primary dwelling unit; or                 (2)     the accessory dwelling unit and the primary   dwelling unit are separate condominium units under Chapter 82,   Property Code.           (f)     A municipality or county may apply the municipality's or   county's parking regulations that are not prohibited under Section   249.004(a)(4) to an accessory dwelling unit if the regulations do   not:                 (1)     require more than one parking space for each   accessory dwelling unit; and                 (2)  regulate the placement or adequacy of parking.           Sec.   249.006.     PERMIT APPROVAL REQUIREMENTS. (a) A   municipality or county that requires a permit to construct an   accessory dwelling unit shall:                 (1)     process the application for the permit   ministerially without discretionary review or a hearing;                 (2)     consider only whether the application satisfies   the applicable building codes, design standards, and fire codes;   and                 (3)     approve or deny the application not later than the   60th day after the date the applicant submits the completed   application.           (b)     A permit application described by Subsection (a) is   considered approved if the municipality or county to which the   application is submitted does not approve or deny the application   on or before the 60th day after the date the applicant submits the   application.           Sec.   249.007.     EFFECT ON OTHER RESTRICTIONS AND RULES. This   chapter does not supersede, preempt, or apply to a historic   preservation rule, deed restriction, or homeowners association   rule that limits or prohibits the construction of an accessory   dwelling unit.           Sec.   249.008.     PROPERTY OWNER ACTION. (a)   A property owner   may bring an action against a municipality or county that violates   this chapter for appropriate equitable relief.           (b)     [Text truncated for display. Full text available on LegiScan.]