SB840 - Relating to certain municipal regulation of certain mixed-use and multifamily residential development projects and conversion of certain commercial buildings to mixed-use and multifamily residential occupancy.

      S.B. No. 840         AN ACT   relating to certain municipal regulation of certain mixed-use and   multifamily residential development projects and conversion of   certain commercial buildings to mixed-use and multifamily   residential occupancy.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 211, Local Government   Code, is amended by adding Section 211.0011 to read as follows:           Sec.   211.0011.     ZONING REGULATION OF MIXED-USE RESIDENTIAL   AND MULTIFAMILY RESIDENTIAL USE AND DEVELOPMENT.   (a)     In this   section, "mixed-use residential" and "multifamily residential"   have the meanings assigned by Section 218.001.           (b)     The authority under this chapter related to zoning   regulations and the determination of zoning district boundaries in   connection with mixed-use residential use and development and   multifamily residential use and development is subject to Chapter   218.          SECTION 2.  Subtitle A, Title 7, Local Government Code, is   amended by adding Chapter 218 to read as follows:   CHAPTER 218.   REGULATION OF MIXED-USE AND MULTIFAMILY RESIDENTIAL   USE AND DEVELOPMENT IN CERTAIN MUNICIPALITIES   SUBCHAPTER A.   GENERAL PROVISIONS           Sec. 218.001.  DEFINITIONS. In this chapter:                 (1)     "Heavy industrial use" means a storage,   processing, or manufacturing use:                       (A)     with processes using flammable or explosive   materials;                       (B)  with hazardous conditions; or                       (C)     that is noxious or offensive from odors,   smoke, noise, fumes, or vibrations.                 (2)     "Mixed-use residential," when used to describe   land use or development, means the use or development, as   applicable, of a site consisting of residential and nonresidential   uses in which the residential uses are at least 65 percent of the   total square footage of the development.   The term includes the use   or development of a condominium.                 (3)     "Multifamily residential," when used to describe   land use or development, means the use or development, as   applicable, of a site for three or more dwelling units within one or   more buildings. The term includes the use or development of a   residential condominium.           Sec.   218.002.     APPLICABILITY. This chapter applies only to   a municipality with a population greater than 150,000 that is   wholly or partly located in a county with a population greater than   300,000.           Sec.   218.003.     NO EFFECT ON OTHER RESTRICTIONS AND RULES.     This chapter does not affect the authority of a municipality to:                 (1)     apply the municipality's regulations on short-term   rental units to a mixed-use residential or multifamily residential   development;                 (2)     adopt or enforce water quality protection   regulations to implement or comply with water quality requirements   under state or federal law, including Chapter 366, Health and   Safety Code;                 (3)     adopt or enforce a density bonus program or other   voluntary program that allows for site development standards that   are less restrictive than the standards described by this chapter;   or                 (4)     apply the following regulations that are generally   applicable to other developments in the municipality:                       (A)  except as otherwise provided by this chapter:                             (i)  sewer and water access requirements; or                             (ii)  building codes;                       (B)  stormwater mitigation requirements; or                       (C)     regulations related to historic   preservation, including protecting historic landmarks or property   in the boundaries of a local historic district.   SUBCHAPTER B.   ZONING AND DEVELOPMENT REGULATIONS           Sec.   218.101.     MIXED-USE RESIDENTIAL AND MULTIFAMILY   RESIDENTIAL USES ALLOWED.   (a)     Notwithstanding any other law and   subject to Subsection (c), a municipality shall allow mixed-use   residential use and development or multifamily residential use and   development in a zoning classification that allows office,   commercial, retail, warehouse, or mixed-use use or development as   an allowed use under the classification.           (b)     Notwithstanding any other law and subject to Subsection   (c), a municipality may not require the change of a zoning district   or land use classification or regulation or an approval of an   amendment, exception, or variance to a zoning district or land use   classification or regulation prior to allowing a mixed-use   residential use or development or multifamily residential use or   development in an area covered by a zoning classification described   by Subsection (a). An amendment, exception, or variance to a zoning   district or land use classification or regulation includes a   special exception, zoning variance, site development variance,   subdivision variance, conditional use approval, special use   permit, comprehensive plan amendment, or other discretionary   approval to allow a mixed-use residential use or development or   multifamily residential use or development.           (c)  This section does not apply to:                 (1)     a zoning classification that allows heavy   industrial use;                 (2)  land located within:                       (A)     1,000 feet of an existing heavy industrial   use or development site; or                       (B)  3,000 feet of an airport or military base; or                 (3)     an area designated by a municipality as a clear   zone or accident potential zone.           Sec.   218.102.     REGULATION OF MIXED-USE RESIDENTIAL AND   MULTIFAMILY RESIDENTIAL USE OR DEVELOPMENT.   (a)     Notwithstanding   any other law, a municipality may not adopt or enforce an ordinance,   zoning restriction, or other regulation that:                 (1)     imposes on a mixed-use residential or multifamily   residential development:                       (A)     a limit on density that is more restrictive   than the greater of:                             (i)     the highest residential density allowed   in the municipality; or                               (ii)  36 units per acre;                       (B)     a limit on building height that is more   restrictive than the greater of:                             (i)     the highest height that would apply to   an office, commercial, retail, or warehouse development   constructed on the site; or                             (ii)  45 feet; or                       (C)     a setback or buffer requirement that is more   restrictive than the lesser of:                             (i)     a setback or buffer requirement that   would apply to an office, commercial, retail, or warehouse   development constructed on the site; or                             (ii)  25 feet;                 (2)     requires a mixed-use residential or multifamily   residential development to provide:                       (A)     more than one parking space per dwelling   unit; or                       (B)  a multilevel parking structure;                   (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                 (4)     requires a multifamily residential development   not located in an area zoned for mixed-use residential use to   contain nonresidential uses.           (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:                 (1)     shall administratively approve the permit or other   authorization; and                 (2)     may not require further action by the governing   body of the municipality for the approval to take effect.   SUBCHAPTER C.   FEES AND REGULATIONS APPLICABLE TO CONVERSION OF   CERTAIN USES           Sec.   218.201.     DEFINITION. In this subchapter, "permit" has   the meaning assigned by Section 245.001.           Sec.   218.202.     APPLICABILITY. This subchapter applies only   to a building or the structural components of the building that:                 (1)     is being used for office, retail, or warehouse   use;                 (2)     is proposed to be converted from nonresidential   occupancy to mixed-use residential or multifamily residential   occupancy for at least 65 percent of the building and at least 65   percent of each floor of the building that is fit for occupancy; and                 (3)     was constructed at least five years before the   proposed date to start the conversion.           Sec.   218.203.     CERTAIN REGULATIONS PROHIBITED.   Notwithstanding any other law, a municipality may not, in   connection with the use, development, construction, or occupancy of   a building proposed to be converted to mixed-use residential or   multifamily residential use, require:                 (1)     the prepar [Text truncated for display. Full text available on LegiScan.]